1997 Minnesota Statutes

CHAPTER 174A. Transportation regulation board

     174A.01 Establishment; membership. 

    Subdivision 1.    Establishment.  A transportation 
 regulation board is established.  The board shall have the 
 powers provided by law.  

    Subd. 2.    Members' terms of office.  The 
 transportation regulation board shall be composed of three 
 members appointed by the governor with the advice and consent of 
 the senate.  The terms of the initial members are as follows:  
 one member for a term of two years; one member for a term of 
 four years; and one member for a term of six years.  Thereafter 
 all members shall be appointed for a six-year term.  The members 
 of the board shall serve in the unclassified service.  The 
 removal of board members and the filling of vacancies shall be 
 as provided in section 15.0575.  No more than two members shall 
 belong to the same political party.  

    Subd. 3.    Chair.  The governor shall appoint one of 
 the board members chair.  

    Subd. 4.    Quorum.  A majority of the board shall 
 constitute a quorum.  An act or decision of the majority shall 
 be the act or decision of the board, provided that a vacancy on 
 the board shall not impair the authority of the remaining board 
 members to exercise all of the powers of the board.  

    Subd. 5.    Conflict of interest.  No person, during a 
 term of membership on the transportation regulation board, shall 
 receive any portion of personal income directly or indirectly 
 from any individual proprietorship, firm, copartnership, 
 corporation or association subject to the regulation of the 
 board.  No person shall be eligible to serve as a member of the 
 transportation regulation board unless the relationship with or 
 interest in the regulated entity which provides a portion of the 
 personal income is terminated.  

    HIST: 1980 c 534 s 1; 1986 c 444 

     174A.02 Functions and powers. 

    Subdivision 1.    Powers generally.  The functions of 
 the transportation regulation board shall be legislative and 
 quasi-judicial in nature.  It may make such investigations and 
 determinations, hold such hearings, prescribe such rules and 
 issue such orders with respect to the control and conduct of the 
 businesses coming within its jurisdiction as the legislature 
 itself might make but only as it shall from time to time 
 authorize.  

    Subd. 2.    Specific functions and powers.  The board 
 shall further hold hearings and issue orders in cases brought 
 before it by either the commissioner or by a third party in the 
 following areas:  

    (a) Adequacy of services which carriers are providing to 
 the public, including the continuation, termination or 
 modification of services and facilities. 

    (b) The reasonableness of tariffs of rates, fares, and 
 charges, or a part or classification thereof.  The board may 
 authorize common carriers by rail and motor carrier for hire to 
 file tariffs of rates, fares, and charges individually or by 
 group.  Carriers participating in group rate making have the 
 free and unrestrained right to take independent action either 
 before or after a determination arrived at through such 
 procedure.  

    (c) The issuing of franchises, permits, or certificates of 
 convenience and necessity.  

    Subd. 3.    Subpoena power.  The board shall have 
 subpoena power.  

    Subd. 4.    Hearings; notice.  With respect to those 
 matters within its jurisdiction the board shall receive, hear 
 and determine 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. 

    Subd. 5.    Operation with regard to federal law.  The 
 board is authorized:  

    (a) To cooperate with all federal agencies for the purpose 
 of harmonizing state and federal regulations within the state to 
 the extent and in the manner deemed advisable. 

    (b) To conduct joint hearings with any federal agency or 
 commission within or without the state and participate in any 
 proceedings before any federal agency or commission when it 
 considers such participation advisable and for that purpose may 
 approve and establish freight rates or charges that depart from 
 the distance principle required by any state law.  

    (c) To nominate members to any joint board as provided by 
 federal acts.  

    HIST: 1980 c 534 s 2; 1983 c 293 s 76; 1986 c 468 s 1 

     174A.03 Actions. 

    The transportation regulation board may sue or be sued in 
 its own name.  

    HIST: 1980 c 534 s 3 

     174A.04 Hearings. 

    All hearings required to be conducted by the transportation 
 regulation board shall be conducted pursuant to sections 14.001 
 to 14.69.  

    HIST: 1980 c 534 s 4; 1982 c 424 s 130; 1987 c 384 art 2 s 1; 
 1990 c 422 s 10 

     174A.05 Appeals. 

    An appeal from an order of the board shall be in accordance 
 with chapter 14.  

    HIST: 1980 c 534 s 5; 1983 c 247 s 71 

     174A.06 Continuation of rules. 

    Orders and directives heretofore in force, issued or 
 promulgated by the public service commission, public utilities 
 commission, or the department of transportation under authority 
 of chapters 216A, 218, 219, and 221 remain and continue in force 
 and effect until repealed, modified, or superseded by duly 
 authorized orders or directives of the transportation regulation 
 board.  Rules adopted by the public service commission, public 
 utilities commission or the department of transportation under 
 authority of the following sections are transferred to the 
 transportation regulation board and continue in force and effect 
 until repealed, modified, or superseded by duly authorized rules 
 of the transportation regulation board:  

    (1) section 218.041 except rules related to the form and 
 manner of filing railroad rates, railroad accounting rules, and 
 safety rules; 

    (2) section 219.40; 

    (3) rules relating to rates or tariffs, or the granting, 
 limiting, or modifying of permits or certificates of convenience 
 and necessity under section 221.031, subdivision 1; 

    (4) rules relating to the sale, assignment, pledge, or 
 other transfer of a stock interest in a corporation holding 
 authority to operate as a permit carrier as prescribed in 
 section 221.151, subdivision 1, or a local cartage carrier under 
 section 221.296, subdivision 8; 

    (5) rules relating to rates, charges, and practices under 
 section 221.161, subdivision 4; and 

    (6) rules relating to rates, tariffs, or the granting, 
 limiting, or modifying of permits under sections 221.121, 
 221.151, and 221.296 or certificates of convenience and 
 necessity under section 221.071.  

    The board shall review the transferred rules, orders, and 
 directives and, when appropriate, develop and adopt new rules, 
 orders, or directives within 18 months of July 1, 1985. 

    HIST: 1980 c 534 s 6; 1983 c 293 s 77; 1985 c 299 s 14 

  174A.07 Repealed, 1983 c 293 s 115