1. A. A committee shall be formed within the department to conduct the public hearing, accept evidence, and render written reasons for its findings. This procedure shall be conducted in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., and R.S. 48:389. Said committee shall be composed of the director of freight and passenger rail and at least three additional representatives of the department appointed by the secretary. Within thirty days of the public hearing the committee shall issue a report containing its recommendations. If the committee recommends the establishment of speed restrictions the report shall also include findings that such restrictions:

   1. 1. is being imposed at a location which contains a unique and distinctive essentially local situation which is not statewide in character.
   2. 2. will eliminate or reduce an essentially local safety hazard.
   3. 3. is not incompatible with any federal law, rule, regulation, order, or standard.
   4. 4. will not create an undue burden on interstate commerce.
   5. 5. will not create a safety hazard which is different from the essentially local safety hazard which the speed restriction is designed to reduce or eliminate.
2. B. If the department determines there is a need for a speed restriction it shall promulgate rules in accordance with the Administrative Procedure Act setting forth the nature of the restriction and the duration of the restriction, which duration shall not exceed the time required to eliminate or reduce the unique local safety hazard
3. C. If the department determines there is no need for a speed restriction it shall provide notice to the affected parties of its determination.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:389.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Transportation and Development, Office of the Secretary, Public Transportation, LR 18:762 (July 1992), amended by the Department of Transportation and Development, Intermodal Transportation Division, LR 33:530 (March 2007), amended by the Department of Transportation and Development, Office of Multimodal Commerce, LR 52:75 (January 2026).