Section 105IAC5-5-4. Administrative procedure; petitions; hearings

   Procedure. (A) When consistent with these rules, the Rules and Regulations of This Commission Concerning Practices and Procedure, as found at Burns Indiana Administrative Rules and Regulations, Section 54-401 [IC 8-1-2-47] et seq., shall apply with respect to any proceeding conducted pursuant to the State Rail Preservation Act [IC 8-3-1.5] and these rules.

  (B) Any interested person, jointly or separately, may apply for rail service continuation assistance with regard to any rail segment designated by the State Rail Plan as eligible therefor by petitioning the Public Service Commission of Indiana for such assistance within 30 days of final approval by the Commission of the State Rail Plan, or any amendments to that Plan.

  (C) All petitions filed hereunder shall specify:

(1) petitioner's interest in the rail segment involved.

(2) the specific rail segment involved and the name of the railroad operating company last known to petitioner to have operated rail service over such rail segment,

(3) a complete description of the nature and degree of the rail service continuation assistance requested,

(4) the petitioner's ability and intent to contribute toward the requested rail service continuation assistance and the nature of said contribution,

(5) a proposed timetable within which such rail segment may become self-sustaining or completely subsidized by petitioner.

  (D) Any person who jointly or separately files a petition herein, shall within 20 days thereof, cause notice of such filing to be published in at least one newspaper of general circulation published in each county in which the rail segment involved is located.

  (E) Within 45 days after approval of the State Rail Plan the Commission shall cause a pre-hearing conference to be scheduled with respect to each rail segment for which one or more petitions for Rail Service Continuation Assistance has been filed.

  (F) Following pre-hearing conference and order thereon all petitions concerning the same rail segment shall be consolidated for hearing by the Commission at the times and places determined by the Commission pursuant to the pre-hearing conference order and pursuant to notice to all parties of record without further publication. (Indiana Department of Transportation; 105 IAC 5-5-4; No. 34227: Rail Service Continuation Subsidies Rule IV; filed Dec 29, 1975, 1:30 p.m.: Rules and Regs. 1976, p. 398; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 6-5-4) to Indiana Department of Transportation (105 IAC 5-5-4) by P.L.112-1989, SECTION 5, effective July 1, 1989.