Mo. Code Regs. tit. 7 § 265-8.300

Current through Register Vol. 49, No.12, June 17, 2024

Section 7 CSR 265-8.300 - Railroad Safety Applications (Other Than Railroad-Highway Crossings)

PURPOSE: This amendment revises and simplifies the required form and content for applications regarding railroad safety matters other than those involving railroad-highway crossings.

PURPOSE: This rule prescribes the required form and content for applications regarding railroad safety matters other than those involving railroad-highway crossings.

(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.

7 CSR 265-8.300

Renumbered from 4 CSR 265-2.300 by Missouri Register September 17, 2018/Volume 43, Number 18, effective 10/31/2018

Amended by Missouri Register March 15, 2024/volume 49, Number 6, effective 4/30/2024.