389.994. Rulemaking authority on constructing and maintaining walkways adjacent to industrial railroad trackage--definition of industrial railroad trackage--hearings required--amending rules--authorit
Rulemaking authority on constructing and maintaining walkwaysadjacent to industrial railroad trackage--definition of industrialrailroad trackage--hearings required--amending rules--authority toissue cease and desist order.
389.994. 1. The division shall make reasonable rules and regulationsgoverning the construction, reconstruction and maintenance of walkwaysadjacent to industrial railroad trackage.
2. "Industrial railroad trackage" shall mean any and all tracksowned, leased or used by any person, firm or corporation, other than arailroad as defined by section 622.100, RSMo, which connect with the tracksof a railroad and on which a railroad switches or operates cars orlocomotives.
3. Before formulating such rules and regulations, the division shallconduct hearings and invite participation of interested groups. Thesegroups shall make suggestions relating to the minimum standards to beembodied in the rules and regulations. The division shall consider thesuggestions prior to the issuance of any rules and regulations.
4. The division may amend the rules and regulations at any time uponits own motion or upon complaint by an individual or group, in the samemanner as it adopts other rules and regulations.
5. The division may, by order, require any railroad to cease anddesist from operating or switching cars or locomotives over any industrialrailroad trackage which is found by the division not to be in conformitywith such rules and regulations or which otherwise constitutes an unusualhazard.
(L. 1996 S.B. 780)