72-18-102. Rail ombudsman -- Duties.
(1) The rail ombudsman shall: develop and maintain expertise in and understanding of laws and regulations relating to rail; coordinate, consult, and provide information to private citizens, government entities, rail operators, stakeholders, and other interested parties about rail related issues; on the rail ombudsman's website, provide: updated, easily accessible information about the duties of the rail ombudsman; and a form that a member of the public, including a railroad company employee, may use to submit a report or complaint; provide education and training regarding rail laws and regulations; and arrange and facilitate meetings between a rail company and one or more of the following, to resolve a rail dispute described in Subsection (2): a local government entity; a large public transit district; or a private property or livestock owner.
(2) The rail ombudsman shall facilitate meetings described in Subsection (1)(e) to resolve issues relating to: safety; at-grade and grade-separated rail crossings; fencing; injury to or loss of livestock; railroad maintenance, including maintenance agreements and road closures; improvements to railroad right-of-way infrastructure; track realignment; track consolidation; or any other issue that has caused a dispute between a rail company and a party described in Subsection (1)(e).
(3) If the rail ombudsman invites a rail company or another party described in Subsection (1)(e) to a meeting to resolve a rail dispute, the rail company or other person shall: attend the meeting; and attempt to resolve the dispute through the rail ombudsman before filing an action in court or seeking another remedy.
(4) A rail company and a party described in Subsections (1)(e)(i) through (iii) shall provide notice to the rail ombudsman before: closing a highway for railroad maintenance; or starting a construction project involving: an at-grade rail crossing; or the realignment or consolidation of railroad tracks.
(5) The rail ombudsman may not address nor participate in: organized labor issues or disputes; or rail company employee safety issues.
(6) If a report or complaint described in Subsectionis made in regard to a rail company, the rail ombudsman shall forward the report or complaint to the relevant rail company or other appropriate agency or entity. (1)(c)(ii)