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Utah Administrative Code (Current through November 1, 2019) |
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R907. Transportation, Administration |
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R907-63. Structure Repair and Loss Recovery Procedure |
| R907-63-1. Authority and Purpose |
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This rule establishes a procedure for loss recovery for damages to structures, appurtenances, thereto and the roadway as provided in Section 72-7-301. |
| R907-63-2. Procedure to Collect for Damage to Structures and Highways |
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(1) Upon notification of damage to the Department's property, the Department shall repair or replace damaged structures and highway elements. (2) All costs associated with the repair or replacement of the damaged property shall then be invoiced to the owner of the vehicle causing the damage, or to the person directly responsible for the damage. (3) If the damage is caused by a vehicle, the person responsible shall reimburse the Department for the full cost of repairing the damage. (4) If payment is not received by the Department within 60 days of the date of the invoice, the Department may pursue payment by one of the following means: (a) UDOT may pursue collection of a delinquent account in accordance with Sections 63A-3-301 through 63A-3-310, Accounts Receivable Collection. (b) The account may be tendered to a collection agency for immediate collection. (5) In cases where undue financial pressure would be caused by full payment of an invoice, the owner of the vehicle or person responsible for the damage may arrange to make installment payments on the debt. |
| R907-63-3. Eligible Region Recovery Costs |
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The appropriate Region may seek recovery of all costs associated with an incident, including traffic control, maintenance and repair when such work is performed by Region work forces to maintain the integrity of the highway system, structure, or to restore the damaged system and facilities to their preexisting condition. |
| R907-63-4. Eligible Division Recovery Costs |
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When damage occurs to a bridge structure: (1) The Structures Division shall accumulate all costs for preparing design calculations, design plans, specifications and engineering estimates, including professional engineering services and construction engineering with associated overhead costs, along with all costs related to publication, preparation, and advertising the bid package. (2) The Structures Division shall award the project to the lowest responsive and responsible bidder. The Structures Division shall submit the final accumulated project costs, including all eligible Region charges to UDOT Risk Management for the cost recovery process. |
| R907-63-5. Department Settlement Policy |
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(1) The Department's intent is to secure full recovery from the responsible party(s) based on the full actual cost of such repairs to the structure or highway system damaged including all indirect costs associated with or resulting from an occurrence. (2) The Department may at its discretion elect to accept settlement based on detailed engineering estimates and any direct or indirect costs associated with or resulting from an occurrence when the Department determines that it is in the best interest of the motoring public and tax payers to delay or forgo repairs to the damaged structures or highway system. (3) Settlements shall conform to the requirements of the State Settlement Agreements Act, Sections 63G-10-101 through 503. (4) The Department may submit to the Attorney General any claim for recovery, which is in dispute, requesting legal action be taken to recover the State's losses and settle such claims based on the laws of liability or as directed by the courts. |