1999 Minnesota Statutes

     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 221.121, 
 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; 1999 c 
 238 art 2 s 32