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Utah Administrative Code (Current through November 1, 2019) |
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R916. Transportation, Operations, Construction |
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R916-7. Appeals to UDOT Decisions on, and Requesting Compliance with Nighttime Noise Permits |
| R916-7-1. Purpose |
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The purpose of this rule is to establish a procedure for a local jurisdictional authority or local government to appeal the decision of the Department of Transportation to conduct highway construction at night on roads where the normal posted speed limit is less than 55 miles per hour. |
| R916-7-2. Authority |
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This rule is required by Utah Code Subsection 72-6-112.5(6) and is enacted under the authority of Utah Code Subsection 72-1-201 (h). |
| R916-7-3. Appealing Decisions of the Department |
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1. A local jurisdictional authority may appeal the Department's decision to conduct highway work at night by filing a written appeal with the Department within 10 days of receiving a written notice of the Department's decision to perform work at night. 2. The Department's Director for the Region in which the night work is to be performed will respond to the local jurisdictional authority's appeal in writing within 5 days of receiving the appeal, and may conduct an informal hearing prior to responding to the appeal. 3. If the Department's Region Director denies the appeal, the local jurisdictional authority may appeal the Region Director's decision of the to the Department's Executive Director, in writing, within 10 days of the date of receiving the Region Director's denial. 4. The Executive Director will respond in writing to an appeal within 5 days of receiving the appeal. 5. The decision of the Executive Director shall be administratively final. |
| R916-7-4. Requests to Enforce Terms of a Noise Permit |
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1. A local jurisdictional authority may request that the Department enforce the terms of a noise permit by submitting a written request to the Region Director. 2. After review and upon receiving a written request from a local jurisdictional authority that the conditions for the noise exemption permit are not being met, the department shall initiate corrective action within 24 hours to ensure nighttime highway construction activities meet requirements of the local permit. |