Current through Register Vol. 49, No. 6, March 15, 2024
(1) Except as
otherwise provided under 7 CSR 265-8.320, persons other than division staff
filing applications for commission orders involving railroad safety matters
shall file in writing an original 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;
(C)
Location and description of the existing tracks, switches, yards or other
facilities to be affected by the proposed relief and the circumstances
presently existing there;
(D)
Description of the proposed improvements or other specific relief requested
from the division. If applicable, detailed plans and specifications for the
proposed improvements should be attached as Exhibit 1;
(E) Estimated costs of the proposed
improvement or resulting from the proposed relief, including detailed cost
estimates attached as Exhibit 2;
(F) Who should perform the proposed work, if
any, and who should pay the costs of the proposed improvements or resulting
from the proposed relief, in what proportions. If there is any agreement as to
payment of the anticipated costs, it should be attached as Exhibit 3;
(G) Estimated time for completion of the
proposed improvements or implementation of the proposed relief, and the
expected completion date;
(H)
Detailed statement of the specific reasons why the proposed relief should be
granted;
(I) Statement of whether
the applicant waives a hearing, and will submit the case to the division for a
decision upon the verified pleadings and other evidence of record, if no other
party requests hearing;
(J) Date and
signature of the applicant or the applicant's authorized representative, and
the signature, name (typed or printed), address, and telephone number of the
applicant's attorney, if any; and
(K) Verification under oath or 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.
