R918-4-5. UDOT discretion to allow use of right-of-way

  (1) Nothing in this rule or any other UDOT rule may be construed to require UDOT to make any portion of right-of-way available for litter pick up. The decision whether to do so is exclusively within UDOT's discretion. Similarly, the decision to take a route out of the litter pick-up program is also within UDOT's exclusive discretion even if the route is currently available and being used for litter pick-up.

  (2) Should UDOT determine that a route no longer qualifies for participation in the Adopt-a-Highway program, UDOT will notify the person or organization assigned the route of that determination. The notification constitutes termination of the contract, regardless of how much time is left on the contract.

  (3) UDOT may also terminate a contract at any time if it determines that continuing the contract would be counterproductive to the program's purpose or have undesirable results such as vandalism, increased litter, or would otherwise jeopardize the safety of the participants, the traveling public, or UDOT employees.