AB977,28,154 192.56 (6) At a station where no agency service is provided, the application to
5the office division of hearings and appeals for such authorizing order shall set forth
6the facts showing the necessity for such action by the railroad company. Notice of
7proposed removal or abandonment shall be given by the office division of hearings
8and appeals
by posting notice in 5 conspicuous places in the town or village
9concerned; and if within 20 days after the posting of notice no objections in writing
10are filed with the office division of hearings and appeals by persons directly affected,
11an order authorizing the abandonment of the station may be issued by the office
12division of hearings and appeals. If such objections to the granting of the order are
13filed with the office division of hearings and appeals, the office division of hearings
14and appeals
shall proceed to hold a hearing in the matter as provided in subs. (4) and
15(5).
AB977, s. 81 16Section 81. 195.001 (1r) of the statutes is created to read:
AB977,28,1817 195.001 (1r) "Division of hearings and appeals" means the division of hearings
18and appeals in the department of administration.
AB977, s. 82 19Section 82. 195.001 (2) of the statutes is repealed.
AB977, s. 83 20Section 83. 195.001 (3) of the statutes is created to read:
AB977,28,2121 195.001 (3) "Secretary" means the secretary of transportation.
AB977, s. 84 22Section 84. 195.03 (title) of the statutes is amended to read:
AB977,28,24 23195.03 (title) Office Department; powers and duties, general
24enumeration.
AB977, s. 85 25Section 85. 195.03 (1) of the statutes is amended to read:
AB977,29,3
1195.03 (1) Practice rules. The office department may take testimony and
2administer oaths and may promulgate rules to govern its proceedings and to regulate
3the mode and manner of all hearings. All hearings shall be open to the public.
AB977, s. 86 4Section 86. 195.03 (2) of the statutes is amended to read:
AB977,29,75 195.03 (2) Office Department initiative. In any matter within its jurisdiction
6under ch. 192 or this chapter, the office department may initiate, investigate and
7order a hearing at its discretion upon such notice as it considers proper.
AB977, s. 87 8Section 87. 195.03 (7) of the statutes is amended to read:
AB977,29,149 195.03 (7) Study railroad and water carrier business, demand information.
10The office department may inquire into the management of the business of all
11railroads and water carriers, and shall keep itself informed as to the manner in which
12the same is conducted, and may obtain from any railroad or water carrier all
13necessary information to enable the office department to perform the duties and
14carry out the objects for which it is responsible.
AB977, s. 88 15Section 88. 195.03 (8) of the statutes is amended to read:
AB977,29,2416 195.03 (8) Questionnaires, answers compulsory. The office department shall
17prepare forms for the purpose of obtaining the information which it may deem
18necessary or useful to the proper exercise of its functions, which shall conform as
19nearly as practicable to the forms prescribed by the federal railroad administration,
20federal surface transportation board, or other applicable federal agency or authority,
21and shall furnish the forms to railroads and water carriers, and every railroad and
22water carrier receiving the forms shall cause the forms to be properly completed and
23verified under oath by its proper officer and returned to the office department within
24the time fixed by the office department.
AB977, s. 89 25Section 89. 195.03 (9) of the statutes is amended to read:
AB977,30,8
1195.03 (9) Examine books and files of railroads and water carriers. The
2commissioner of railroads secretary or any person employed by the office department
3for that purpose shall, upon demand, have the right to inspect the books and papers
4of any railroad or water carrier and to examine under oath any officer, agent or
5employee of such railroad or water carrier in relation to its business and affairs;
6provided that any person other that than the commissioner of railroads secretary
7who makes such demand shall produce his or her authority under the hand and seal
8of the office secretary.
AB977, s. 90 9Section 90. 195.03 (10) of the statutes is amended to read:
AB977,30,1510 195.03 (10) Production of records and files kept out of state. The office
11department may, by an order or subpoena to be served in the manner that a circuit
12court summons is served, require the production within this state, at such time and
13place as it may designate, of any books, papers or accounts kept by any railroad or
14water carrier without the state, or verified copies in lieu thereof, if the office
15department shall so order.
AB977, s. 91 16Section 91. 195.03 (11) of the statutes is amended to read:
AB977,30,2317 195.03 (11) Uniform system of accounting. The office department may
18prescribe a uniform system of keeping and rendering accounts of all railroad and
19water carrier business transacted in this state, and the time within which railroads
20and water carriers shall adopt such system; provided that all forms of accounts which
21may be prescribed by the office department shall conform to any applicable
22requirement under 49 USC 11141 to 11164 or 49 CFR 1201 and, as nearly as
23practicable, to similar forms prescribed by federal authority.
AB977, s. 92 24Section 92. 195.03 (12) of the statutes is amended to read:
AB977,31,3
1195.03 (12) Time for filing water carrier rate tariffs. The office department
2shall fix the time for filing water carrier schedules relative to the transportation of
3passengers and property and of any service in connection therewith.
AB977, s. 93 4Section 93. 195.03 (13) of the statutes is amended to read:
AB977,31,65 195.03 (13) Schedule forms. The office department may prescribe the forms
6for water carrier schedules.
AB977, s. 94 7Section 94. 195.03 (14) of the statutes is amended to read:
AB977,31,98 195.03 (14) Passes to shippers. The office department may prescribe
9regulations for free transportation of attendants upon shipments of livestock.
AB977, s. 95 10Section 95. 195.03 (15) of the statutes is amended to read:
AB977,31,1311 195.03 (15) Elevators and warehouses. The office department may prescribe
12rules and regulations covering the charges and manner of conducting the business
13of public elevators and warehouses upon railroad ground.
AB977, s. 96 14Section 96. 195.03 (16) of the statutes is amended to read:
AB977,31,1815 195.03 (16) Car service. The office department may make reasonable
16regulations for furnishing cars to shippers, and for moving, loading and unloading
17cars and for weighing cars and freight, and to test railroad weights and scales used
18in weighing freight or cars.
AB977, s. 97 19Section 97. 195.03 (17) of the statutes is amended to read:
AB977,31,2320 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.
AB977, s. 98 24Section 98. 195.03 (18) of the statutes is amended to read:
AB977,32,3
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.
AB977, s. 99 4Section 99. 195.03 (19) of the statutes is amended to read:
AB977,32,75 195.03 (19) Railroad and water carrier structures. The office department
6may order the repair or reconstruction of any inadequate or unsafe railroad track or
7water carrier structure.
AB977, s. 100 8Section 100. 195.03 (25) of the statutes is amended to read:
AB977,32,119 195.03 (25) Distribution of orders. The office department shall upon
10application furnish certified copies, under its seal, of any order made by it, which
11shall be prima facie evidence of the facts stated therein.
AB977, s. 101 12Section 101. 195.03 (28) of the statutes is amended to read:
AB977,32,1513 195.03 (28) Title. Legal actions. The office may sue and be sued in that name,
14and
department may confer with or participate in any proceedings before any
15regulatory agency of any other state or of the federal government.
AB977, s. 102 16Section 102. 195.03 (29) of the statutes is amended to read:
AB977,32,2117 195.03 (29) Train privileges. The employees authorized by the office
18department to perform railroad inspection duties may, in the performance of such
19duties, ride in and upon any engine, car or train of any class, of any railroad, upon
20payment of the lawful passenger fare, but such railroad shall not thereby be deemed
21to become a common carrier of passengers other than on passenger cars.
AB977, s. 103 22Section 103. 195.03 (30) (a) of the statutes is amended to read:
AB977,32,2523 195.03 (30) (a) The office department shall give testimony at the hearing under
24s. 350.138 (4) (b), or shall submit a written report for introduction into the hearing
25record, on the factors stated in s. 350.138 (4) (d) 1., 2., 3., and 4.
AB977, s. 104
1Section 104. 195.03 (30) (b) of the statutes is amended to read:
AB977,33,52 195.03 (30) (b) The office department shall give the department of natural
3resources the office's department's opinion on whether the snowmobile crossing
4should be closed or removed in testimony at the hearing under s. 350.1395 (2) (b) 2.
5or in a written report for introduction into the hearing record.
AB977, s. 105 6Section 105. 195.04 (1) of the statutes is amended to read:
AB977,33,157 195.04 (1) Upon complaint of any person, including any state agency, water
8carrier, or railroad, either relating to a railroad as provided under s. 192.324, 192.34,
9195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or 195.32 or that any
10water carrier rate, fare, charge, or classification or any regulation or practice
11whatever affecting the transportation of persons or property, or any service in
12connection therewith, is in any respect unreasonable or unjustly discriminatory or
13that any service is inadequate, the office department may investigate the complaint
14and shall set the complaint for hearing. No order may be entered by the office
15department without a public hearing, except as otherwise provided in this chapter.
AB977, s. 106 16Section 106. 195.04 (2) of the statutes is amended to read:
AB977,33,2017 195.04 (2) The office department shall, prior to any hearing, notify the water
18carrier or railroad complained of that a complaint has been made, and 20 days after
19such notice has been given the office department may proceed to set a time and place
20for a hearing.
AB977, s. 107 21Section 107. 195.04 (3) of the statutes is amended to read:
AB977,33,2522 195.04 (3) The office department shall give the water carrier or railroad and
23the complainant 20 days' notice of the hearing and the matters to be considered and
24determined. Both the water carrier or railroad and the complainant shall be entitled
25to be heard and shall have process to enforce the attendance of witnesses.
AB977, s. 108
1Section 108. 195.041 of the statutes is amended to read:
AB977,34,7 2195.041 Separate rate hearings; absence of direct damage. The office
3department may, when complaint is made of more than one water carrier rate or
4charge, order separate hearings thereon, and may consider and determine the
5several matters complained of separately and at such times as it may prescribe. No
6complaint shall at any time be dismissed because of the absence of direct damage to
7the complainant.
AB977, s. 109 8Section 109. 195.042 of the statutes is amended to read:
AB977,34,15 9195.042 Summary investigations. Whenever the office department believes
10that any water carrier rate or charge may be unreasonable or unjustly
11discriminatory or that any service is inadequate or cannot be obtained or that an
12investigation of any matter relating to any water carrier or, if a matter arising under
13s. 192.324, 192.34, 195.20, 195.28 (1), 195.285 (1), 195.29 (1), (5), or (6), 195.31, or
14195.32, to any railroad should for any reason be made, it may investigate the same
15with or without notice.
AB977, s. 110 16Section 110. 195.043 (1) of the statutes is amended to read:
AB977,34,2217 195.043 (1) If, after summary investigation, the office department becomes
18satisfied that sufficient grounds exist to warrant a formal hearing being ordered as
19to the matters investigated, it shall set a time and place for a hearing. The office
20department shall publish notice of any such investigation in its weekly calendar and
21any report and all matters considered by the office department with respect thereto
22shall be available for public inspection upon request.
AB977, s. 111 23Section 111. 195.043 (2) of the statutes is amended to read:
AB977,35,524 195.043 (2) Notice of the time and place for such hearing shall be given to the
25water carrier or railroad, and to such other interested persons as the office

1department deems necessary, as provided in s. 195.04, and thereafter proceedings
2shall be had and conducted in reference to the matter investigated in like manner
3as though complaint had been filed with the office department relative to the matter
4investigated, and the same order or orders may be made in reference thereto as if
5such investigation had been made on complaint.
AB977, s. 112 6Section 112. 195.044 (1) of the statutes is amended to read:
AB977,35,137 195.044 (1) Each witness who appears before the office department or its agent,
8by its order, shall receive for attendance the fees and mileage now provided for
9witnesses in civil cases in courts of record, which shall be audited and paid by the
10state in the same manner as other expenses are audited and paid, upon the
11presentation of proper vouchers sworn to by such witnesses and approved by the
12office department. Said fees and mileage shall be charged to the appropriation for
13the office department.
AB977, s. 113 14Section 113. 195.044 (2) of the statutes is amended to read:
AB977,35,1815 195.044 (2) No witness subpoenaed at the instance of parties other than the
16office department is entitled to compensation from the state for attendance or travel
17unless the office department certifies that the witness' testimony was material to the
18matter investigated.
AB977, s. 114 19Section 114. 195.045 of the statutes is amended to read:
AB977,35,24 20195.045 Depositions. The office department or any party may in any hearing
21cause the depositions of witnesses residing within or without the state to be taken
22in the manner prescribed by law for like depositions in civil actions in circuit courts.
23Any expense incurred or authorized by the office department in taking such
24depositions shall be charged to the appropriation for the office department.
AB977, s. 115 25Section 115. 195.046 of the statutes is amended to read:
AB977,36,2
1195.046 Record. A full and complete record shall be kept of all proceedings
2before the office or its hearing examiners department.
AB977, s. 116 3Section 116. 195.05 (title) of the statutes is amended to read:
AB977,36,5 4195.05 (title) Office; water Water carrier rates, regulations, service,
5procedure.
AB977, s. 117 6Section 117. 195.05 (1) of the statutes is amended to read:
AB977,36,147 195.05 (1) Orders for rates and service. Whenever the office department shall
8find that any existing water carrier rate, fare, charge, or classification, or any joint
9rate, or any regulation or practice affecting the transportation of persons or property,
10or any service in connection therewith is unreasonable or unjustly discriminatory or
11that any service is inadequate, it shall determine and by order fix a reasonable rate,
12fare, charge, classification, joint rate, regulation, practice or service to be imposed,
13observed and followed in the future, in lieu of that found to be unreasonable or
14unjustly discriminatory or inadequate.
AB977, s. 118 15Section 118. 195.05 (2) of the statutes is amended to read:
AB977,36,2016 195.05 (2) Time to comply with orders. Where the order made relates to
17service, and the same cannot, in the judgment of the office department, be complied
18with within 20 days, the office department may prescribe such additional time as in
19its judgment is reasonably necessary to comply with the order and may on
20application and for good cause shown further extend the time.
AB977, s. 119 21Section 119. 195.05 (4) of the statutes is amended to read:
AB977,36,2522 195.05 (4) Modification of orders. The office department may by order at any
23time, upon notice to the water carrier and after opportunity to be heard, rescind, alter
24or amend any order fixing any rate or rates, fares, charges or classification, or any
25other order made by the office department.
AB977, s. 120
1Section 120. 195.055 of the statutes is amended to read:
AB977,37,4 2195.055 Judicial review. All Subject to s. 195.325, all orders and
3determinations of the office department under this chapter are subject to judicial
4review under ch. 227.
AB977, s. 121 5Section 121. 195.06 of the statutes is amended to read:
AB977,37,14 6195.06 Office Department orders prima facie lawful. All orders,
7determinations and decisions made by the office department shall be in force and
8effective 20 days after the same has been served as required by s. 227.48 unless the
9office department shall specify a different date upon which the same shall be
10effective, and shall be prima facie lawful, and all regulations, practices and service
11prescribed by the office department shall be in force and shall be prima facie lawful
12and reasonable, until finally found otherwise upon review thereof by the division of
13hearings and appeals under s. 195.325 and ch. 227 or upon
judicial review thereof
14instituted pursuant to ch. 227.
AB977, s. 122 15Section 122. 195.07 (1) of the statutes is amended to read:
AB977,37,1916 195.07 (1) Powers. The office department shall inquire into the neglect or
17violation of the laws of this state by water carriers and railroads, or by the officers,
18agents or employees thereof, or by persons operating water carriers and railroads,
19and shall report violations to the attorney general.
AB977, s. 123 20Section 123. 195.07 (2) of the statutes is amended to read:
AB977,37,2521 195.07 (2) Attorney general and district attorney to prosecute. Upon
22request of the office department, the attorney general or the district attorney of the
23proper county shall aid in any investigation, hearing or trial had under, and shall
24institute and prosecute all necessary actions or proceedings for the enforcement of,
25laws relating to water carriers and railroads.
AB977, s. 124
1Section 124. 195.08 (2) of the statutes is amended to read:
AB977,38,102 195.08 (2) Schedules; publication. Every water carrier shall print in plain
3type and file with the office department schedules which shall be open to public
4inspection showing all rates, fares and charges for the transportation of passengers
5and property and any service in connection therewith which it has established and
6which are in force at the time between all points in this state upon its line or any line
7controlled or operated by it. The schedules shall plainly state the places upon its line
8or any line controlled or operated by it in this state between which passengers and
9property will be carried, and there shall be filed therewith the classification of freight
10in force.
AB977, s. 125 11Section 125. 195.08 (7) of the statutes is amended to read:
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