Maine § 23 §7320 Application for financial assistance

Maine Statutes

§ 23 §7320 — Application for financial assistance

Maine·Title 23 TRANSPORTATION·Part 7 RAILROADS·Ch. 619 INSPECTION AND INVESTIGATION OF RAILROADS

1.Annual application and approval required. Any person, corporation, partnership or other business entity which provides railroad transportation for compensation in the State, or seeks to acquire or construct additional rail lines in the State, shall apply to the Department of Transportation for the privilege of receiving financial assistance from the State, for the year in question. Financial assistance from the State is defined as grants, loans, subsidies, tax exemptions, cost reimbursement for maintenance of railroad crossings or payments from other sources. The applicant may not receive the financial assistance unless the application is approved.

2.Criteria. In determining approval for an application under this section, the department shall consider, among other matters:

3.Procedure

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1.
Annual application and approval required.
Any person, corporation, partnership or other business entity which provides railroad transportation for compensation in the State, or seeks to acquire or construct additional rail lines in the State, shall apply to the Department of Transportation for the privilege of receiving financial assistance from the State, for the year in question. Financial assistance from the State is defined as grants, loans, subsidies, tax exemptions, cost reimbursement for maintenance of railroad crossings or payments from other sources. The applicant may not receive the financial assistance unless the application is approved.
2.
Criteria.
In determining approval for an application under this section, the department shall consider, among other matters:
3.
Procedure for entities seeking to acquire or construct additional rail lines.
An entity seeking to acquire or construct an additional rail line or lines shall proceed in accordance with this subsection.
4.
Procedure for existing operations.
An entity which intends only to continue existing operations shall proceed in accordance with this subsection.
5.
Approval.
At the conclusion of the proceedings and within 30 days of the conclusion of the public hearing, if any, the department shall:
6.
Temporary approval.
When the commissioner determines that the public interest requires immediate financial assistance from the State to a railroad, the department may issue temporary approval for a period not to exceed 90 days without notice or hearing.
7.
Appeal.
Any applicant or intervenor aggrieved by the decision of the department under subsection 5 has a right to judicial review in accordance with the Maine Administrative Procedure Act, Title 5 chapter 375, subchapter VII.
8.
Rules.
The department shall promulgate rules concerning the implementation and enforcement of this section.
9.
Existing operations; temporary approval.
Any operation ongoing as of the effective date of this section, as long as the ownership or management of that operation is not transferred to another entity, shall be deemed approved until March 1, 1990.
10.
Consolidation of hearings.
The Department may consolidate any hearing under this section with another hearing concerning railroad service by the same entity in the same area.