Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 468-H.F.No. 2364 
           An act relating to transportation; railroads; 
          clarifying procedures in certain contested matters 
          brought before the transportation regulation board; 
          permitting the transportation regulation board to 
          grant clearance variances without evidentiary hearings 
          in certain cases; permitting transportation regulation 
          board to approve certain rate changes and applications 
          for track abandonment or discontinuance of service in 
          certain cases without a public hearing; providing a 
          maximum fine for motor carrier violations involving 
          transportation of hazardous materials; amending 
          Minnesota Statutes 1984, sections 174A.02, subdivision 
          4; 216A.05, subdivision 5; 221.041, subdivision 1; 
          221.291, subdivision 3; Minnesota Statutes 1985 
          Supplement, sections 219.47, subdivision 1; 219.741; 
          and 219.85. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 174A.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [HEARING UPON PETITIONS HEARINGS; NOTICE.] With 
respect to those matters within its jurisdiction the board shall 
receive, hear and determine within six months all petitions 
filed with it in accordance with the procedures established by 
law and may hold hearings and make determinations upon its own 
motion to the same extent, and in every instance, in which it 
may do so upon petition.  Upon receiving petitions filed 
pursuant to sections 221.061, 221.081, 221.121, subdivision 1, 
221.151, 221.296, and 221.55, the board shall give notice of the 
filing of the petition to representatives of associations or 
other interested groups or persons who have registered their 
names with the board for that purpose and to whomever the board 
deems to be interested in the petition.  The board may grant or 
deny the request of the petition 30 days after notice of the 
filing has been fully given.  If the board receives a written 
objection and notice of intent to appear at a hearing to object 
to the petition from any person within 20 days of the notice 
having been fully given, the request of the petition shall be 
granted or denied only after a contested case hearing has been 
conducted on the petition, unless the objection is withdrawn 
prior to the hearing.  The board may elect to hold a contested 
case hearing if no objections to the petition are received.  If 
a timely objection is not received, or if received and 
withdrawn, and the request of the petition is denied without 
hearing, the petitioner may request within 30 days of receiving 
the notice of denial, and shall be granted, a contested case 
hearing on the petition. 
    Sec. 2.  Minnesota Statutes 1984, section 216A.05, 
subdivision 5, is amended to read: 
    Subd. 5.  [HEARINGS UPON PETITIONS.] With respect to those 
matters within its jurisdiction the commission shall receive, 
hear and determine all petitions filed with it in accordance 
with the rules of practice and procedure promulgated by the 
commission, and may investigate, hold hearings and make 
determinations upon its own motion to the same extent, and in 
every instance, in which it may do so upon petition.  Upon 
receiving petitions filed pursuant to sections 221.061, 221.081, 
221.121, subdivision 1, 221.151, 221.296, and 221.55, the 
commission shall give notice of the filing of the petition to 
representatives of associations or other interested groups or 
persons who have registered their names with the executive 
secretary for that purpose and to whomever he deems to be 
interested in the petition.  The commission may grant or deny 
the request of the petition 30 days after notice of the filing 
has been fully given.  If the commission receives a written 
objection and a notice of intent to appear at a hearing to 
object to the petition from any person within 20 days of the 
notice having been fully given, the request of the petition 
shall be granted or denied only after a contested case hearing 
has been conducted on the petition, unless the objection is 
withdrawn prior to the hearing.  The commission may elect to 
hold a contested case hearing if no objections to the petition 
are received.  If a timely objection is not received, or if 
received and withdrawn, and the request of the petition is 
denied without hearing, the petitioner may request within 30 
days of receiving the notice of denial, and shall be granted, a 
contested case hearing on the petition. 
    Sec. 3.  Minnesota Statutes 1985 Supplement, section 
219.47, subdivision 1, is amended to read:  
    Subdivision 1.  [PERMANENT.] The board, upon application 
made, after a thorough investigation and hearing in any 
particular case, may permit a common carrier, person, or 
corporation to which sections 219.45 to 219.53 apply, to erect 
an overhead or side obstruction closer to the track than 
provided for in section 219.46, to construct track at less 
clearance than provided for in section 219.46, and to 
reconstruct and maintain them when in the judgment of the 
commissioner compliance with the clearance prescribed in section 
219.46 is unreasonable or unnecessary or the erection or 
construction of the overhead or side obstruction or tracks or 
the reconstruction and maintenance of them at less clearance 
than provided in section 219.46 will not create a condition 
unduly hazardous to the employees of that common carrier, 
person, or corporation.  Before taking final action on the 
application, the board need conduct only those hearings or other 
proceedings as it finds necessary for the resolution of the 
material issues raised by the application. 
    Sec. 4.  Minnesota Statutes 1985 Supplement, section 
219.741, is amended to read:  
    219.741 [APPLICATION FOR REMOVAL.] 
    A railroad company desiring to abandon, close for traffic, 
or remove tracks described in section 219.681 shall first apply 
to the board in writing.  Before passing upon the application 
the board shall provide the opportunity for a hearing after 
public notice and, if it so determines, shall fix a time and 
place for hearing and serve notice of the hearing upon 
interested persons known to the board of the application and 
that interested persons may object to the application within 30 
days after publication of the notice.  On determining that a 
public hearing is unnecessary for resolution of the material 
issues relating to the application, the board, no sooner than 30 
days after publishing the notice, may enter an order finally 
disposing of the application.  On determining otherwise, the 
board may not act on the application until a contested case 
hearing has been conducted under chapter 14. 
    Sec. 5.  Minnesota Statutes 1985 Supplement, section 
219.85, is amended to read: 
    219.85 [RAILROAD STATIONS, AGENCY SERVICE.] 
    Agency service at common carrier railroad stations must be 
that required by the public convenience and necessity.  No 
station may be abandoned nor agency service reduced or, 
discontinued, established, reestablished, or expanded without 
the consent of the board after public notice and opportunity for 
hearing is afforded.  The board, on its own motion or upon the 
petition of an interested party, may order station agency 
service at a station established, reestablished, or expanded 
after notice and an opportunity for hearing.  When an 
application has been filed to close or abandon a station or to 
change station agency service, the board shall provide public 
notice of the application and that interested persons may object 
to the application within 30 days after publication of the 
notice.  On determining that a public hearing is unnecessary for 
resolution of the material issues relating to the application, 
the board, no sooner than 30 days after publishing the notice, 
may enter an order finally disposing of the application.  On 
determining otherwise, the board may not act on the application 
until a contested case hearing has been conducted under chapter 
14.  
    Sec. 6.  Minnesota Statutes 1984, section 221.041, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONSIDERATIONS; PROCEDURES.] The board 
shall fix and establish just, reasonable, and nondiscriminatory 
rates, fares, charges, and the rules and classifications 
incident to tariffs for regular route common carriers and 
petroleum carriers.  In prescribing rates, fares, charges, 
classifications, and rules for the carrying of freight, persons, 
or property, the board shall take into consideration the effect 
of the proposed rates or fares upon the users of the service and 
upon competitive carriers by motor vehicle and rail and, insofar 
as possible, avoid rates and fares which will result in 
unreasonable and destructive competition.  In making its 
determination, the board shall consider, among other things, the 
cost of the service rendered by the carrier, including an 
adequate sum for maintenance and depreciation, and an adequate 
operating ratio under honest, economical, and efficient 
management.  No rate or fares may be put into effect or changed 
or altered except upon hearing duly had and an order therefor by 
the board, or except as herein otherwise provided.  The board 
may authorize the rate changes ex parte which, in its opinion, 
are not of sufficient import to require a hearing.  In an 
emergency, the board may order a change in existing rates or 
fares without a hearing.  In instances of ex parte or emergency 
orders, the board shall, within five days, serve a copy of its 
order granting the change in rates upon parties which the board 
deems interested in the matter, including competing carriers.  
An interested party shall have 30 days from the date of the 
issuance of the order to object to the order.  If objection is 
made, the matter must be set down for hearing with notice to 
competing carriers board shall determine whether a hearing is 
necessary for resolution of the material issues relating to the 
proposed change in rates.  On finding that a hearing is 
unnecessary for this purpose, the board, no sooner than 30 days 
after issuing its initial order granting the change in rates, 
may enter an order finally disposing of the rate change 
application.  On determining otherwise, the board may take final 
action on the rate change application and the objections to it 
only after a contested case hearing has been conducted under 
chapter 14. 
    Sec. 7.  Minnesota Statutes 1984, section 221.291, 
subdivision 3, is amended to read: 
    Subd. 3.  [TRANSPORTATION OF HAZARDOUS MATERIALS.] A person 
who ships, transports, or offers for transportation hazardous 
waste or hazardous material in violation of a provision of this 
chapter or a rule or order of the commissioner or board adopted 
or issued under this chapter which specifically applies to the 
transportation of hazardous material or hazardous waste is 
guilty of a misdemeanor and upon conviction shall may be 
fined not less than up to the maximum fine which may be imposed 
for a misdemeanor for each violation. 
    Approved March 25, 1986