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 7 CSR 265-8.320, persons other than division staff filing applications for commission orders involving railroad safety matters shall file in writing an original completed application with the director of the division, in accordance with this section that includes 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 number of the applicant’s attorney, if any; and 7 CSR 265-8
   11. (K) Verification under oath or penalty of perjury.
2. (2) The application is to be decided under one

3. (1) of the following methods:

   1. (A) The division director decides and issues an order on behalf of the commission based on the application and all other documents filed in those cases in which all parties to the application have waived a hearing in writing; or
   2. (B) The division director refers the application to the Administration Hearing Commission per Chapter 621, RSMo if all parties have not waived a hearing in writing or a hearing on the application is required by law.

AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265- 2.300. Original rule filed Nov. 4, 1992, effective July 8, 1993. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995.