Section 105IAC5-7-5. Decision; review

   The department will decide whether to grant consent for the removal of the automatic train-activated warning signals within one hundred twenty (120) days of the petition's filing. The decision of the department with respect to consent for the removal of automatic train-activated warning signals shall be based upon the information contained in the petition, department inspection of the crossing in question, applicable statutes and regulations, and any other relevant information filed with the department. The petition will be approved if the department determines that the grade crossing may be safely utilized in the absence of automatic train-activated warning signals. Any interested party desiring review of the department's decision on the petition may petition for review under IC 4-21.5. (Indiana Department of Transportation; 105 IAC 5-7-5; filed Aug 8, 1989, 3:30 p.m.: 12 IR 2224; 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)