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177.150 Final hearing -- Notice -- Final order -- Waiver of proceedings -Appeal.
(1)
(2)
(3)
After receipt of the plans, specifications, and estimates of cost from the railroad
company, the department shall give at least ten (10) days' notice by certified
mail, return receipt requested, to the railroad company of a time and place for a
conference with respect to the grade separation or change. If the department
elects to prepare plans, specifications, and estimates of cost, it shall furnish
copies thereof to the railroad company prior to or at the time it gives notice of
the conference. At the conference, the department shall approve or modify the
plans and specifications and shall consider and determine the method of doing
the work, whether by the railroad company or by the department, or partly by
one and partly by the other, and whether by contract or by the employees of
the department or the railroad company, or both, or by any combination of
these methods, and if by contract, the method and manner of advertising for
bids, the time and place of opening the bids, the time when work shall be
begun and completed, and all similar matters of an administrative nature. The
department shall embody its conclusions in an order, a copy of which shall be
sent by certified mail, return receipt requested, to the railroad company.
The department and any railroad company may agree by contract as to the
method of eliminating any grade crossing or changing any existing overhead or
underpass structure. In event of an agreement, all notices, hearings, and
proceedings shall be deemed to have been waived, and the work of eliminating
the grade crossing or making the change shall be performed in accordance
with the terms of the contract, with the same effect as though the work was
being performed pursuant to a final order of the department.
Any person aggrieved by an order issued pursuant to subsection (1) of this
section may appeal to the department, and upon appeal an administrative
hearing shall be conducted in accordance with KRS Chapter 13B.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 62, effective July 15, 1996. -Amended 1980 Ky. Acts ch. 114, sec. 30, effective July 15, 1980. -- Amended
1974 Ky. Acts ch. 74, Art. IV, sec. 20(1); and ch. 315, sec. 22. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 4356z-4.
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