PURPOSE: This rule prescribes the required form and content for applications for relief involving railroad safety matters other than those involving railroad-highway crossings.

1. (1) Except as otherwise provided under 4 CSR 265-2.320, persons filing applications for division orders involving railroad safety matters shall file in writing an original plus four (4) copies of the completed application with the director of the division, in accordance with this section and 4 CSR 265- 2.080. Every application shall include at least the following information:

   1. (A) The identity, address and telephone number of the applicant;
   2. (B) The identity, address and, if known, the telephone number of all known parties in interest, for example, the railroads, funding authorities, shippers, labor unions or other persons or groups affected by the proposed relief;
   3. (C) Location and description of the existing tracks, switches, yards or other facilities to be affected by the proposed relief and the circumstances presently existing there;
   4. (D) Description of the proposed improvements or other specific relief requested from the division. If applicable, detailed plans and specifications for the proposed improvements should be attached as Exhibit 1;
   5. (E) Estimated costs of the proposed improvement or resulting from the proposed relief, including detailed cost estimates attached as Exhibit 2;
   6. (F) Who should perform the proposed work, if any, and who should pay the costs of the proposed improvements or resulting from the proposed relief, in what proportions. If there is any agreement as to payment of the anticipated costs, it should be attached as Exhibit 3;
   7. (G) Estimated time for completion of the proposed improvements or implementation of the proposed relief, and the expected completion date;
   8. (H) Detailed statement of the specific reasons why the proposed relief should be granted;
   9. (I) Statement of whether the applicant waives a hearing, and will submit the case to the division for a decision upon the verified pleadings and other evidence of record, if no other party requests hearing;
   10. (J) Date and signature of the applicant or the applicant’s authorized representative, and the signature, name (typed or printed), address and telephone of the applicant’s attorney, if any; and
   11. (K) Verification under oath or penalty of perjury.
2. (2) It shall be in the discretion of the administrative law judge to convene a hearing regarding the application or to decide the case based on the application and other documents filed, except when a hearing is required by law.

AUTHORITY: section 622.027, RSMo 1986.* Original rule filed Nov. 4, 1992, effective July 8, 1993. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.