(A) Complaints under section
4907.47 of the Revised Code
relative to the adequacy of protective devices at a public highway grade
crossing shall be made in writing and shall set forth:
(1) The name and location of the subject
crossing.
(2) The name of each
railroad which operates over the subject crossing.
(3) The name of the governmental unit which
has jurisdiction over the public road at the subject crossing.
(4) An allegation that the crossing is
dangerous together with a general statement as to the conditions which the
complainant believes make the crossing dangerous within the meaning of section
4907.47 of the Revised
Code.
(5) The address of the
complainant and the name and address of the complainant's attorney, if
any.
(B) Two or more
persons having an interest in the outcome of the proceeding may join in one
complaint.
The commission may, on its own motion or the motion of any
proper person, join as a party any railroad which operates over the subject
crossing, or any governmental unit which has jurisdiction over the public road
at the crossing, which was not included in the original complaint. The
commission may, on its own motion or the motion of any proper person, dismiss
the complaint insofar as it pertains to any railroad which does not operate
over the subject crossing or any governmental unit which does not have
jurisdiction over the public road at the crossing.
(C) The commission shall cause a copy of the
complaint together with a notice to answer or otherwise plead within a
specified period of time to be served by certified mail upon each railroad
operating at the crossing. The commission shall also cause a copy of the
complaint, and entry relating thereto, to be served upon each governmental unit
having jurisdiction over the public road at the crossing.
The commission shall serve all parties with notice of all
hearings on the complaint. Said notice shall be made at least fifteen days
prior to the date of hearing.
(D) Service of papers required by other
provisions of this rule shall be made on the governmental units having control
of the public roads at the subject crossings as follows:
(1) Township roads - on the clerk of the
board of township trustees.
(2)
County roads - on the clerk of the board of county commissioners.
(3) City streets - on the mayor of the
city.
(4) State highways - on the
director of the department of transportation.
In the event the public road at the subject crossing is under
the jurisdiction of more than one governmental unit, all required service shall
be made on the proper official of each governmental unit affected
(E) Upon receipt of the
answer to such complaint or, in the event that the respondent railroad fails to
file an answer within the time provided, immediately after the answer date, or,
in the event a party to answer otherwise pleads, upon order of the commission,
the railroad division of the commission shall cause an investigation to be made
of the conditions existing at the subject crossing and thereafter shall submit
to the commission a written report of its findings. The commission shall serve
copies of such report upon all parties to the case.
(F) Matters of practice and procedure not
specifically covered by this rule shall be governed by the applicable
provisions of Chapter 4901-1 of the Administrative Code.
Notes
Ohio Admin. Code 4901-5-06
Five Year Review (FYR) Dates:
6/20/2023 and
06/20/2028
Promulgated
Under: 111.15
Statutory Authority: 4901.13, 4905.06
Rule Amplifies: 4907.08, 4907.24
Prior Effective Dates:
01/20/1963, 03/01/1981, 08/17/2006,
01/15/2015
Five Year Review (FYR) Dates:
6/8/2021 and
06/08/2026
Promulgated
Under:
111.15
Statutory Authority: R.C.
4901.13,
4905.06
Rule Amplifies: R.C.
4907.08,
4907.24
Prior Effective Dates: 01/20/1963, 03/01/1981, 08/17/2006,
01/15/2015
