§ 49-09.1-07 — Notice of objection by railroad - Appeal

North Dakota § 49-09.1-07

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-09.1: Railroad Right of Way Crossings

Text

1. If a railroad objects to the proposed crossing due to the proposal being a serious
threat to the safe operations of the railroad or to the current use of the railroad right of
way, the railroad shall provide notice of the objection and the specific basis of the
objection to the utility by registered mail.
2. If the parties are unable to resolve the objection, either party may petition the
commission for resolution of the disputed crossing application within thirty days from
receipt of the objection.
3. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the
objection.
4. If a petition is filed, the commission shall issue a notice of hearing or notice of
opportunity for hearing within fifteen days of filing of the petition, and shall issue an
order within thirty days after the hearing or, if a hearing is not held, after expiration of
the period during which a hearing could be requested, during which time the crossing
must be stayed. The order may be appealed in accordance with chapter 28-32. The
commission shall assess its costs associated with a petition equitably against the
parties. The parties shall pay the costs within thirty days after receipt of a bill for
payment from the commission. Amounts collected by the commission under this
subsection must be deposited in a special account within the commission.