Effective 28 Aug 1996

389.994. Rulemaking authority on constructing and maintaining walkways adjacent to industrial railroad trackage — definition of industrial railroad trackage — hearings required — amending rules — authority to issue cease and desist order. — 1. The division shall make reasonable rules and regulations governing the construction, reconstruction and maintenance of walkways adjacent to industrial railroad trackage.

2. "Industrial railroad trackage" shall mean any and all tracks owned, leased or used by any person, firm or corporation, other than a railroad as defined by section 622.100, which connect with the tracks of a railroad and on which a railroad switches or operates cars or locomotives.

3. Before formulating such rules and regulations, the division shall conduct hearings and invite participation of interested groups. These groups shall make suggestions relating to the minimum standards to be embodied in the rules and regulations. The division shall consider the suggestions prior to the issuance of any rules and regulations.

4. The division may amend the rules and regulations at any time upon its own motion or upon complaint by an individual or group, in the same manner as it adopts other rules and regulations.

5. The division may, by order, require any railroad to cease and desist from operating or switching cars or locomotives over any industrial railroad trackage which is found by the division not to be in conformity with such rules and regulations or which otherwise constitutes an unusual hazard.

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(L. 1996 S.B. 780)