Utah Admin. Code R940-5-5 - Review of the Qualifications and Financial Resources of the Proposer

(1) An application must include specific qualifications and details, including the requirements outlined in Subsection 72-6-303(3) in addition to requirements outlined in Rule R926-16 Unsolicited Proposals for Transportation Infrastructure Public-Private Partnerships.

(2) The Department will review each application to ensure compliance with Subsection 72-6-303(3) and Section 63G-6a-712 in addition to requirements outlined in Rule R926-16.

(3) As part of the review of a proposed plan to construct a highway facility over sovereign lakebed lands, the Department and Commission will consider the public interest to ensure the proposed plan is feasible, financially viable, and that the facility is safe by meeting current engineering standards.

(4) The Commission may require or permit the proposer to submit revisions or clarifications or supplement the application during the review process.

(5) The Commission shall consider recommendations made by the Department, including whether the highway construction plan contained within the application meets engineering and design standards outlined in an agreement entered into by the Department and the Proposer.

(6) The Commission may, in its sole discretion, refuse to review an application if the proposal fails to meet the guidelines established in Section 72-6-303 and this rule.

Notes

Utah Admin. Code R940-5-5

Amended by Utah State Bulletin Number 2023-07, effective 3/27/2023