Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R940. Transportation Commission, Administration.

Rule R940-2. Approval of Tollway Development Agreements.

As in effect on August 1, 2019

Table of Contents

R940-2-1. Authority.

(1) The provisions of this rule are authorized by the following grants of rulemaking authority and provions of Utah Codes: Title 63G, Chapter 3; Title 63G, Chapter 6; Title 72, Chapter 2, Section 120; Title 72, Chapter 6, Section 118; and the Public-Private Partnerships for Tollways Act, Utah Code Sections 72-6-201 et seq.

R940-2-2. Definitions.

(1) "Commission" means the Transportation Commission, which is created in Utah Code Ann. Section 72-1-301;

(2) "Department" means the Utah Department of Transportation, which is created in Utah Code Ann. Section 72-1-101;

(3) "Executive Director" means the Executive Director of the Utah Department of Transportation;

(4) "Tollway Development Agreement" has the meaning described in Utah Code Ann. Section 72-6-202.

R940-2-3. Proposals for Tollway Development Agreements.

(1) The Department shall report to the Commission regarding any unsolicited proposals received and any solicitations issued for tollway development agreements, and shall provide regular status updates to the Commission regarding any such matters.

(2) The Department shall have authority to act on its own behalf and on behalf of the Commission in using solicitation and procurement documents for tollway development agreements and in reviewing and evaluating submissions received from proposers.

R940-2-4. Award of Tollway Development Agreements.

(1) Following receipt of a recommendation from the Director for award of a tollway development agreement accompanied by the information regarding the proposed agreement required under Utah Code Ann. Section 72-6-206, the Commission shall take one of the following actions:

(a) Award the tollway development agreement in accordance with the Director's recommendation;

(b) Reject the Director's recommendation and request that the Department take specified action; or

(c) Reject the Department's recommendation and direct the Department to terminate the procurement.

R940-2-5. Amendments to Tollway Development Agreements.

(1) Following receipt of a request from the Department for approval of any substantial modification or amendment to a tollway development agreement, accompanied by information regarding the modification and specifically identifying any changes in the information required to be provided to the Commission in connection with award of the agreement under Utah Code Ann. Section 72-6-206, the Commission shall determine whether to approve the modification or amend.

KEY

agreements, tollway development, tollways

Date of Enactment or Last Substantive Amendment

October 16, 2008

Notice of Continuation

August 30, 2018

Authorizing, Implemented, or Interpreted Law

63G-3; 63G-6; 72-2-120; 72-6-118; 72-6-201 et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R940, please contact the promulgating agency (Transportation Commission, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.