§ 8-9-10-2 — Hearings; investigations; mandamus; preference to cases

(a) Whenever the Indiana department of
transportation secures reliable information, receives a complaint, or,
because of reports made by the department's inspectors, has reason to
believe that a railroad company in this state does not provide and
adequately maintain the sanitary facilities provided for in section 1(b)
through 1(e) of this chapter, the department shall make an investigation
as necessary. The department shall conduct a hearing at which both the
railroad company and the employees affected will be given a full
opportunity to present evidence as to the necessity and reasonableness
of the proposed changes or improvements.
(b) When the investigation required under subsection (a) is made,
the Indiana department of transportation shall report to the manager or
superintendent of the railroad company. In the report and
recommendations, the department shall make an accurate statement of
the time the examination was made, of the exact location, character,
and extent of defects or omissions, if any have been found, and shall
recommend reasonable changes and improvements, additions,
buildings, and accommodations, as are, in the opinion of the
department, necessary to remedy the faults, neglect, requirements, or
defects. The recommendations must set out specifically a reasonable
time within which such improvements or changes or additions shall be
made by the railroad company.
(c) If the recommendations under subsection (b) are not carried out
within the time specified, then the Indiana department of transportation
may commence proceedings by mandamus or other remedy in a circuit
or superior court having jurisdiction to enforce compliance with its
order. All courts having jurisdiction in these cases shall give preference
to the cases and shall hear and determine the case speedily to the end
that the employees' interests and the public interests may not suffer.
Formerly: Acts 1965, c.154, s.2. As amended by P.L.62-1984,
SEC.139; P.L.384-1987(ss), SEC.93; P.L.18-1990, SEC.102;
P.L.83-2007, SEC.2.