PURPOSE: This rule prescribes the required form and content for applications for relief involving railroad-highway crossings, at grade or otherwise.

1. (1) Persons other than division staff filing applications for a commission order relating to the location, construction, installation, operation, maintenance, apportionment of expenses, use, warning devices, alteration, relocation, reconstruction, separation of grades, abolishment or closure of a railroad-highway crossing, at grade or otherwise, shall file in writing an original application with the director of the division in accordance with this section and 7 CSR 265-8.071 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 every party in interest, including, if applicable, the railroad(s) owning and operating over the tracks at the crossing, the entity(ies) maintaining each highway at the crossing and other entities participating in the funding of the proposed construction, safety improvements, or other relief requested;

   3. (C) The location and description of each highway at each crossing affected by the application, including, whenever applicable:

      1. 1. Name of highway;
      2. 2. Highway classification and number;
      3. 3. United States Department of

Transportation (USDOT) crossing inventory number;

1. 4. City;
2. 5. County;
3. 6. Number and direction of traffic lanes;
4. 7. Width of highway at crossings;
5. 8. The entity that maintains the highway

on each side of the railroad tracks;

1. 9. Type of highway surface;
2. 10. Type of highway traffic and average

annual daily traffic, if known;

1. 11. Highway speed limit;

2. (D) The location and description of each railroad at each crossing affected by the application, including, whenever applicable:

   1. 1. Name of railroad corporation which

owns the track;

1. 2. Division;
2. 3. Subdivision;
3. 4. Milepost;
4. 5. Number and types of track;
5. 6. Width of railroad and railroad right-

of-way at the crossing;

1. 7. Names of all other railroads operat-

ing over the crossing;

1. 8. Number and type of train move-

ments over the crossing (daily, if known);

1. 9. Train speed limit;
2. 10. Location and description of any

obstructions to motorists’ view of approaching trains;

1. (E) The number and date of each accident at the crossing involving trains and highway users, and the number of persons injured and killed in each accident;
2. (F) Statement of whether there is any agreement between the parties in interest with reference to the proposed construction, safety improvements or other relief, or with reference to the proposed allocation of costs with a copy of the executed agreement, if applicable, attached as Exhibit 1;
3. (G) Description of the proposed construction, safety improvements, or other relief requested, and who should be ordered to perform the same with a copy of detailed plans and specifications for the proposed construction, safety improvements, or other relief requested attached as Exhibit 2;
4. (H) Detailed estimated costs of the proposed construction, safety improvements or other relief requested, the party that should be ordered to pay these costs, the federal, state, political subdivision, and/or private funds available for the crossing costs, and how the costs should be allocated between these payers. These detailed cost estimates for the proposed construction, safety improvements, or other relief shall be attached to the application as Exhibit 3;
5. (I) Estimated time for completion of the proposed construction or safety improvements and for implementation of other relief requested and for the payout of funds. If interim payments are requested, the application should so state and include details concerning the amounts and conditions upon which the interim payments shall be paid out;
6. (J) Detailed statement of the specific reasons why the proposed relief should be granted;
7. (K) Statement of whether the applicant waives a hearing, and will submit the case to the division for decision upon the verified pleadings and other evidence of record, if no other party requests a hearing;
8. (L) 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
9. (M) Verification under oath or penalty of perjury.

1. (2) The application is to be decided under one

2. (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- 2.320. Original rule filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.