1. (a) If a unit denies a petition to close a crossing under section 3.2 of this chapter, the Indiana department of transportation may schedule an appeal on the denial of the petition as set forth in this section. If the Indiana department of transportation does not schedule an appeal on the denial of a petition within sixty (60) days after the petition is denied, the Indiana department of transportation is considered to have decided not to schedule an appeal on the denial of the petition. The decision to schedule or not schedule an appeal is subject to review under IC 4-21.5 .

2. (b) If the Indiana department of transportation after reviewing the findings of the local unit on the petition determines that:

   1. (1) the crossing meets the criteria for closure, opening, or denial of a closure, adopted by the Indiana department of transportation under section 3.1 of this chapter; and

   2. (2) a compelling reason has been shown for the crossing to remain open;

      the Indiana department of transportation shall issue written findings that the crossing may remain open.

3. (c) If the Indiana department of transportation after reviewing the findings of the local unit on the petition determines that:

   1. (1) the crossing meets the criteria for closure adopted by the Indiana department of transportation under section 3.1 of this chapter; and

   2. (2) a compelling reason has not been shown for the crossing to remain open;

      the Indiana department of transportation shall issue an order abolishing the crossing under section 3 of this chapter.

As added by P.L.81-1996, SEC.8. Amended by P.L.198-2016, SEC.72.