Current through Register Vol. 49, No. 18, September 16, 2024
(1) Except as otherwise provided under 7 CSR
265-8.320, persons other than division staff filing applications for a
commission order relating to railroad safety matters shall file a completed
application with the director of the division, in accordance with this section
that includes at least the following information:
(A) The identity, address and telephone
number of the applicant;
(B) The
identity, address, and, if known, the telephone number of all known parties in
interest, for example, the railroads, funding authorities, shippers, labor
unions, or other persons or groups affected by the proposed relief requested
from the division;
(C) Location and
description of the existing tracks, switches, yards, or other facilities to be
affected by the proposed safety improvement or relief and the circumstances
presently existing there;
(D)
Description of the proposed improvements or other specific relief including
detailed plans and specifications, if applicable;
(E) Estimated costs of the proposed
improvement or resulting from the proposed relief;
(F) Any executed agreement or similar
document between the parties regarding who should perform the proposed work, if
any, and who should pay the costs of the proposed improvements or resulting
from the proposed relief, and in what proportions;
(G) Estimated time for completion of the
proposed improvements or implementation of the proposed relief;
(H) Detailed statement as to why the proposed
improvement should be approved or the proposed relief granted;
(I) Statement of whether the applicant and
interested parties waive a hearing, and will submit the case to the division
for a decision;
(J) Date and
signature of the applicant or the applicant's authorized representative;
and
(K) Verification under penalty
of perjury.
(2) The
application is to be decided under one (1) of the following methods:
(A) The division director decides and issues
an order on behalf of the commission based on the application and all other
documents filed in those cases in which all parties to the application have
waived a hearing in writing; or
(B)
The division director refers the application to the Administration Hearing
Commission per Chapter 621, RSMo if all parties have not waived a hearing in
writing or a hearing on the application is required by law.
