AB150-ASA1-AA4,37,2415
192.53
(4) Upon finding that any such structure will not imperil life or limb,
16and that the public interest requires or permits such structure to be constructed or
17reconstructed otherwise than as permitted by the foregoing provisions of this section,
18the
office department may exempt such structure from such provision. Such findings
19shall be made only upon written application, setting forth fully the grounds therefor
20and shall be made only after public hearing, and the findings and order granting
21exemption shall be in writing and shall contain complete provisions and
22requirements as to the horizontal clearance to be maintained in such construction
23or reconstruction. Such structure shall be constructed or reconstructed only in
24compliance with such order.
AB150-ASA1-AA4,38,12
1192.53
(5) Except as hereinbefore provided in this section and subject to the
2power of the
office department to make exceptions hereto in a manner similar to the
3power given it in sub. (4), no railroad or shipper shall after May 28, 1943, place or
4construct, within 8 feet 6 inches of the center line of any railroad track, any retaining
5walls, fences, signs, stand pipes, conveyors, or any other like obstruction, except
6railroad bridges, switch stands, mail cranes, coal, ice and water stations, intertrack
7fences and signals and other necessary interlocking mechanisms, or permit, within
88 feet 6 inches of the center line of any railroad track, the accumulation of any
9rubbish, waste or material of any sort, except material used for repair or construction
10work by such railroad company. The intent of this subsection is to afford proper
11clearance between railroad cars and obstructions and to promote the safety of
12railroad employes in switching cars.
AB150-ASA1-AA4,38,1714
192.53
(6) Any railroad or shipper to which this section applies, who violates
15any provision of this section or who fails, neglects or refuses to obey any lawful order
16made by the
office department under this section, shall be fined not more than $100
17or imprisoned for not more than 60 days or both.
AB150-ASA1-AA4,38,2420
192.56
(1) It is unlawful for any railroad company owning or operating any
21railroad in whole or in part in this state, to abandon any station in any town, village
22or city on its line of railroad, within this state, or to remove the depot therefrom, or
23to withdraw agency service therefrom, without first obtaining from the
office division
24of hearings and appeals an order authorizing such action.
AB150-ASA1-AA4,39,7
1192.56
(2) At a station where agency service is provided the application to the
2office division of hearings and appeals for such authorizing order shall set forth the
3facts showing the necessity for such action by the railroad company, and if the
office 4division of hearings and appeals finds that the application is sufficient
5presumptively to justify the order prayed for, it shall enter an order fixing the time
6and place of hearing on the application, which time shall not be less than 20 days
7after the posting provided for in sub. (3).
AB150-ASA1-AA4,39,119
192.56
(3) Notice of the time and place of the hearing and of the purpose thereof
10shall be given, by the
office division of hearings and appeals, by posting the notice
11in 5 conspicuous places in the town or village.
AB150-ASA1-AA4,39,1613
192.56
(5) The hearing shall be held as other hearings before the
office division
14of hearings and appeals are held as far as applicable. The
office division of hearings
15and appeals may dismiss the application or may grant it in whole or in part and under
16such conditions as it may deem equitable.
AB150-ASA1-AA4,40,418
192.56
(6) At a station where no agency service is provided, the application to
19the
office division of hearings and appeals for such authorizing order shall set forth
20the facts showing the necessity for such action by the railroad company. Notice of
21proposed removal or abandonment shall be given by the
office division of hearings
22and appeals by posting notice in 5 conspicuous places in the town or village
23concerned; and if within 20 days after the posting of notice no objections in writing
24are filed with the
office division of hearings and appeals by persons directly affected,
25an order authorizing the abandonment of the station may be issued by the
office
1division of hearings and appeals. If such objections to the granting of the order are
2filed with the
office division of hearings and appeals, the
office division of hearings
3and appeals shall proceed to hold a hearing in the matter as provided in subs. (4) and
4(5).".
AB150-ASA1-AA4,40,98
195.001
(1r) "Division of hearings and appeals" means the division of hearings
9and appeals in the department of administration.
AB150-ASA1-AA4,40,1212
195.001
(3) "Secretary" means the secretary of transportation.
AB150-ASA1-AA4,40,15
14195.03 (title)
Office Department; powers and duties, general
15enumeration.
AB150-ASA1-AA4,40,1917
195.03
(1) Practice rules. The
office department may take testimony and
18administer oaths and may promulgate rules to govern its proceedings and to regulate
19the mode and manner of all hearings. All hearings shall be open to the public.
AB150-ASA1-AA4,40,2421
195.03
(2) (title)
Office
Department initiative. In any matter within its
22jurisdiction under ch. 192 or this chapter, the
office
department may initiate,
23investigate and order a hearing at its discretion upon such notice as it considers
24proper.
AB150-ASA1-AA4,41,62
195.03
(7) Study carrier business, demand information. The
office 3department may inquire into the management of the business of all railroads, and
4shall keep itself informed as to the manner in which the same is conducted, and may
5obtain from any railroad all necessary information to enable the
office department 6to perform the duties and carry out the objects for which it is responsible.
AB150-ASA1-AA4,41,158
195.03
(8) Questionnaires, answers compulsory. The
office department shall
9prepare blanks for the purpose of obtaining the information which it may deem
10necessary or useful to the proper exercise of its functions, which shall conform as
11nearly as practicable to the forms prescribed by the interstate commerce
12commission, and shall furnish such blanks to railroads, and every railroad receiving
13such blanks, shall cause the same to be properly filled out and verified under oath
14by its proper officer and returned to the
office
department within the time fixed by
15the
office department.
AB150-ASA1-AA4,41,2317
195.03
(9) Examine books and files of carriers. The
commissioner of railroads 18secretary or any person employed by the
office department for that purpose shall,
19upon demand, have the right to inspect the books and papers of any railroad and to
20examine under oath any officer, agent or employe of such railroad in relation to its
21business and affairs; provided that any person other
that than the
commissioner of
22railroads secretary who makes such demand shall produce his or her authority under
23the hand and seal of the
office secretary.
AB150-ASA1-AA4,42,6
1195.03
(10) Production of records and files kept out of state. The
office 2department may, by an order or subpoena to be served in the manner that a circuit
3court summons is served, require the production within this state, at such time and
4place as it may designate, of any books, papers or accounts kept by any railroad
5without the state, or verified copies in lieu thereof, if the
office department shall so
6order.
AB150-ASA1-AA4,42,138
195.03
(11) Uniform system of accounting. The
office department may
9prescribe a uniform system of keeping and rendering accounts of all railroad
10business transacted in this state, and the time within which railroads shall adopt
11such system; provided that all forms of accounts which may be prescribed by the
12office department shall conform as nearly as practicable to similar forms prescribed
13by federal authority.
AB150-ASA1-AA4,42,2320
195.03
(17) Private tracks. The
office department shall have control of private
21railroad tracks insofar as the same are used by common carriers for the
22transportation of freight, in all respects the same as though such tracks were part
23of a public railroad.
AB150-ASA1-AA4,43,3
1195.03
(18) Safety devices. The
office department may make reasonable rules,
2regulations, specifications and standards for the installation, operation and
3maintenance of all safety devices and measures.
AB150-ASA1-AA4,43,65
195.03
(19) Railroad structures. The
office department may order the repair
6or reconstruction of any inadequate or unsafe railroad track or structure.
AB150-ASA1-AA4,43,108
195.03
(25) Distribution of orders. The
office department shall upon
9application furnish certified copies, under its seal, of any order made by it, which
10shall be prima facie evidence of the facts stated therein.
AB150-ASA1-AA4,43,1412
195.03
(28) Title. The
office department may sue and be sued in that name,
13and may confer with or participate in any proceedings before any regulatory agency
14of any other state or of the federal government.
AB150-ASA1-AA4,43,2016
195.03
(29) Train privileges. The employes authorized by the
office 17department to perform railroad inspection duties may, in the performance of such
18duties, ride in and upon any engine, car or train of any class, of any railroad, upon
19payment of the lawful passenger fare, but such railroad shall not thereby be deemed
20to become a common carrier of passengers other than on passenger cars.
AB150-ASA1-AA4,44,139
195.07
(2) Attorney general and district attorney to prosecute. Upon
10request of the
office department, the attorney general or the district attorney of the
11proper county shall aid in any investigation, hearing or trial had under, and shall
12institute and prosecute all necessary actions or proceedings for the enforcement of,
13laws relating to railroads.
AB150-ASA1-AA4,45,11
1195.19
(1) Passenger. Every railroad shall provide and maintain adequate
2passenger depots equipped with proper toilet facilities at its regular stations for the
3accommodation of passengers, and said depots shall be kept clean, well-lighted and
4warmed, for the comfort and accommodation of the traveling public, and shall be kept
5open continuously from not less than 20 minutes before any train carrying
6passengers is scheduled to arrive and until such train has departed and for such
7longer period in any case as the
office department may determine is necessary for the
8convenience and accommodation of the public. Where the
office department 9determines that the service of certain trains in making stops on signals is in excess
10of reasonably adequate service, the provisions of this section shall not apply in
11connection with the rendition of such service.
AB150-ASA1-AA4,45,2513
195.19
(3) Union depot. In every city or village or town in which 2 or more
14railroads maintain passenger depots, it shall be the duty of such railroads to
15construct, maintain and use an adequate union passenger depot, whenever practical
16and required by public convenience and necessity. If, after investigation, the
office 17department shall determine that it is practicable and that public convenience and
18necessity required the construction, maintenance and use of a union passenger depot
19in any such city or village or town the
office department may order such railroads to
20construct, maintain and use an adequate union passenger depot, and shall in such
21order fix the location of such depot. If the railroads shall be unable to agree upon an
22apportionment of the original cost of such union passenger depot, and the expense
23of maintaining the same, within 20 days after the service of such order, the
office 24department may, after a hearing, issue a supplemental order declaring the
25apportionment of such original cost and the expense of maintaining such depot.
AB150-ASA1-AA4,46,11
2195.20 Joint use of railroad property. Whenever, upon complaint and after
3hearing had, the
office department finds that
public convenience and necessity
4require the use by one or more railroads of the tracks, wires, poles, rights-of-way,
5switches, bridges or other property belonging to another railroad over or on any
6street, railroad, railway, right-of-way, bridge or viaduct, upon or over which said
7railroads have a right to operate,
and that such use will not prevent the owners or
8other users thereof from performing their public duties, nor result in irreparable
9injury to such owners or other users thereof, the
office department may, by order,
10direct that such use be permitted, and prescribe a reasonable compensation and
11reasonable terms and conditions for such joint use.
AB150-ASA1-AA4,47,3
13195.21 Warehouses. Any person proposing to erect or maintain a public
14elevator or public warehouse for the purchase, sale, storage, receiving or shipping of
15grain, or other personal property, to be received from or transported upon any
16railroad, shall be furnished by such railroad at a reasonable rental, a site upon its
17right-of-way or depot grounds, within the yard limits of any station or terminal of
18such railroad; and any private elevator or warehouse situated upon such grounds
19may be converted into a public elevator or warehouse at the option of the owner, upon
20notice in writing to the railroad and thereby be permitted to remain thereon under
21the same conditions as provided herein for a public elevator or warehouse; and the
22office department shall, upon application by such owner, if the public interest so
23requires, by order, direct the railroad to furnish such site and the
office department 24shall make reasonable regulations therefor and in case of disagreement, the
office 25department shall determine the rental therefor. Elevators and warehouses erected
1or maintained under the foregoing provisions of this section shall be subject to such
2rules and regulations as to charges and the manner of conducting business as the
3office department shall prescribe.
