Section R930-8-10 - Issuance of Administrative Order; Enforcement(1) If a Utility fails to timely coordinate and cooperate with the department at any point in the utility relocation process, the department may issue an administrative order pursuant to Subsection 72-6-116(2)(b) to the Utility to accommodate the department project. The administrative order shall be issued by the department's Statewide Utilities Manager and will include a reasonable timeframe for Utility Company actions to complete the relocation of the utility facilities, including any design.(2) If the Utility fails to comply with the department's administrative order, and the failure to comply is not caused by a third party whom the Utility has no control over, the department may issue an administrative order to remedy non-compliance. The department may order any the following remedies:(a) Recovery from the Utility for increased costs to the department caused by the Utility's unreasonable or unjustified delays. Such actual and indirect costs may include increased costs on the current department project or related projects, added expenses from loss of a construction season, and loss of project funding.(b) Denial of further permits for utility installation under Rule R930-7 until the Utility's non-compliance is resolved.(c) Performing design work and construction work on behalf of the Utility for those utility facilities located within the right-of-way, except for fiber for telecommunications, electricity, and natural gas. The department will only perform such work if the work can be performed without violating any state or federal statute, regulation, or safety requirement. The Utility shall reimburse the department for the costs the department incurs to relocate the Utility's facilities, in amounts allowed by Subsection 72-6-116(3).(3) The department may also pursue additional remedies or claims against a Utility in a district court in Utah.(4) The department may not limit or waive any of its remedies or claims allowed in this rule or law.(5) The department may require a Utility toF comply with a practicable shortened process or expedited schedule when an emergency exists that could affect public safety or the structural or functional integrity of the highway.Utah Admin. Code R930-8-10
Adopted by Utah State Bulletin Number 2015-18, effective 8/24/2015Amended by Utah State Bulletin Number 2018-20, effective 9/28/2018Amended by Utah State Bulletin Number 2019-16, effective 7/23/2019Amended by Utah State Bulletin Number 2024-24, effective 12/11/2024