Wis. Admin. Code RR — Office of the Commissioner of Railroads

Chapter RR 1 PROCEDURE AND PRACTICE

Wis. Admin. Code § RR 1.001 Definitions {#sec-rr-1.001 omnilex-key=us-wi-regs-official--agency-rr--RR 1.001}

(1) “Crossing” means the intersection of a highway with a track or tracks of a railroad, including the area directly affecting or affected by said intersection.

(2) “Highway” includes all public ways and thoroughfares and all bridges on the same, whether used by motorized vehicles or not, but does not include snowmobile trails.

(3) “Mail” means first class, certified or regular mail, or inter-departmental mail.

(4) “Office” means the office of the commissioner of railroads.

(5) “Party” means any person who requests admission as a party and whose substantial interest may be affected by a decision. “Party” includes the railroad and maintaining highway authority and the department of transportation when a highway project which encompasses a crossing involves the expenditure of federal funds, whether on a state highway or not.

History

• Cr. Register, August, 1986, No. 368, eff. 9-1-86; corrections made under s. 13.93 (2m) (b) 1. and 6., Stats., Register, May, 1996, No. 485, eff. 6-1-96; r. and recr., Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.01 Communications and documents addressed to office {#sec-rr-1.01 omnilex-key=us-wi-regs-official--agency-rr--RR 1.01}

(1) All written communications and documents shall be filed with the office by deposit in the mail, by facsimile transmission, or in person.

Note: The office can be contacted at the Office of the Commissioner of Railroads, Hill Farms State Office Building, 4822 Madison Yards Way, Suite S633, P.O. Box 7854, Madison, WI 53707-7854, (608) 267-0276.

(2) Documents shall be served upon the office by deposit in the mail, by facsimile transmission, or by delivery in person. When service is made upon the office the date of service shall be the day when the office receives the document.

(3) Office hours are 7:45 a.m. to 4:30 p.m., Monday through Friday. Offices are closed on Saturdays and Sundays, and on holidays listed in s. 230.35 (4) (a), Stats.

(4) The time within which an action is to be taken as provided in any rule or order promulgated by the office, when expressed in days, shall be computed by excluding the first day and including the last, except if the last day falls on a day the office is closed, the action may be taken on the next day it is open. When an action is to be taken in less than 10 days and the period contains both a Sunday and a legal holiday, the period shall be increased to 12 days. Legal holidays are those listed in sub. (3).

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86; am. (1), Register, May, 1996, No. 485, eff. 6-1-96; am. (1) to (3), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.02 Parties {#sec-rr-1.02 omnilex-key=us-wi-regs-official--agency-rr--RR 1.02}

(1)

(a) Parties who seek office approval for permits, exemptions or other relief are applicants. Those opposing applicants are objectors.

(b) Parties who file complaints are complainants.

(c) Parties of interest other than complainants, applicants, petitioners, objectors and complainants are intervenors.

(d) Parties who file petitions are petitioners.

(e) Those opposing complainants and petitioners and parties investigated or ordered to show cause are respondents.

(2) Certification. The commissioner or hearing examiner shall certify parties. The certified parties shall be listed in the proposed decision and the final decision. For purposes of certifying parties, the commissioner or hearing examiner shall consider the nature, duration and degree of the effect of the final decision upon a person’s interest.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (1), Register, August, 1986, No. 368, eff. 9-1-86; renum. (1) to (5) to be (1) (a) to (e), cr. (2), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.025 Petitions, complaints and applications {#sec-rr-1.025 omnilex-key=us-wi-regs-official--agency-rr--RR 1.025}

(1) Form. Each petition, complaint or application filed with the office shall be in writing and signed by the petitioner, complainant, or applicant, or a person authorized to file the petition, complaint or application.

(2) Content. Each petition filed with the office for the alteration, establishment, or relocation of a crossing shall include all of the following:

(a) Concept plans or preliminary engineering design plans showing the proposed changes.

(b) The proposed construction completion date.

(c) The proposed apportionment of cost for the construction.

(3) Copies. At the time of filing, a petitioning highway authority shall provide a copy of the petition to the affected railroad or a petitioning railroad shall provide a copy of the petition to the affected highway authority.

(4) Sanctions. Failure to comply with sub. 2 or sub. 3 may result in an order by the examiner that the matter not be heard until those requirements are met.

Note: The office can be contacted at the Office of the Commissioner of Railroads, Hill Farms State Office Building, 4822 Madison Yards Way, Suite S633, P.O. Box 7854, Madison, WI 53707-7854, (608) 267-0276.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.03 Notice of hearings {#sec-rr-1.03 omnilex-key=us-wi-regs-official--agency-rr--RR 1.03}

(1) Written notice of hearing shall be deposited in the first class mail to all parties and to any other interested person requesting notice in accordance with s. 227.44, Stats.

(2) When the general public may be injured by the office’s action, written notice of hearing shall be mailed to the clerk of each incorporated city, town or village in the area affected.

(3) The notice of hearing shall be in writing, with a title identifying the matter and the docket number and contain all of the following information:

(a) The date, time and location of the hearing.

(b) The statutory authority for the hearing.

(c) A short summary of the matter to be considered.

(d) A statement of the issues.

(e) A notice of assessment of costs against the railroad under s. 195.60, Stats., where applicable.

(f) Such other information as the commissioner or hearing examiner may deem appropriate.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (2), Register, August, 1986, No. 368, eff. 9-1-86; cr. (3), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.04 Hearings {#sec-rr-1.04 omnilex-key=us-wi-regs-official--agency-rr--RR 1.04}

(1) At any hearing an examiner may preside. Personal interest in or knowledge of the matter to be heard disqualifies the examiner if it prevents the examiner from acting fairly or impartially. No person who has directly participated in the investigation of the matter to be heard shall be designated or serve as examiner.

(2) The examiner, at any time prior to the commencement of a hearing, may require the parties or their counsel to appear at a pre-hearing conference for the purpose of simplification and clarification of issues or consideration of other matters which may expedite or aid in the disposition of the proceeding, and issue orders as necessary to carry out the purposes of this chapter. All stipulations made at a pre-hearing conference shall be made a matter of record and control subsequent proceedings.

(3) If any original document in a proceeding is lost or withheld by any person, or is otherwise unavailable, the examiner may authorize the filing or use of a copy in place of the original. The examiner may authorize the substitution of a copy of any original document received in evidence as an exhibit and return the original to the owner.

(4) Parties may be off the record only when the examiner permits. If a discussion off the record is pertinent, the examiner will summarize it on the record. Any argument before the examiner on objections to receipt of evidence or on motions to strike will not be recorded. The legal reasons for the objections or motion will be recorded.

(5) Members of the office staff appear neither in support of nor opposition to any cause, but solely to discover and present facts pertinent to the issues.

(6) No smoking is permitted during hearings.

(7) Failure to comply with any order issued under sub. (2) or s. RR 1.09 by any of the parties without good cause shown for the failure to comply shall result in sanctions being imposed by the examiner. Sanctions which shall be imposed include any of the following:

(a) An order that the matters for which the initial order was made or any other designated facts shall be taken to be established for the purposes of the hearing in accordance with the claim of the party obtaining the order;

(b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting the disobedient party from introducing designated matters in evidence; or

(c) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgement by default against the disobedient party.

(8) At the request of any of the parties or on the examiner’s own motion, the examiner may order the sequestering of witnesses.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (2) and (5), cr. (7) and (8), Register, August, 1986, No. 368, eff. 9-1-86; correction in (7) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1996, No. 485; am. (1) and (7) (intro.), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.05 Nonappearance at hearing {#sec-rr-1.05 omnilex-key=us-wi-regs-official--agency-rr--RR 1.05}

(1) When the complainant, petitioner or applicant fails to appear at the hearing without good cause shown, the complaint, petition or application, as the case may be, may be dismissed by the examiner.

(2) When the respondent or objector fails to appear at the hearing without good cause shown, the allegations of the complaint, petition, application or order to show cause, as the case may be, may be taken as true, and a final order may be issued without further notice of hearing.

(3) If a party, having failed to appear at a hearing, shows good cause for the failure to the commissioner within 10 days after the final order is issued, the commissioner may set aside the order and afford further opportunity to be heard.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (3), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 1.06 Rules of evidence {#sec-rr-1.06 omnilex-key=us-wi-regs-official--agency-rr--RR 1.06}

(1) Rules of evidence are governed by s. 227.45, Stats.

(2) The presiding examiner shall rule on all objections and motions made prior to the issuance of the proposed decision.

(3) Failure of a party to object on the record to admission of any evidence shall be deemed a waiver of that objection.

(4) Any party who is dissatisfied with an examiner’s ruling may submit comments explaining their position to the commissioner during the period set for receiving comments on the proposed order. If there is no proposed order, comments shall be filed within 15 days after the close of the period for receiving evidence. The commissioner shall review those comments prior to issuing a final order.

(5) Petitions or written communications addressed to the commissioner not admissible as evidence may be filed, but will not be considered evidence.

(6) The party introducing a document as an exhibit shall furnish a copy to all other parties in attendance.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (4) and (5), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 1.07 Transcripts {#sec-rr-1.07 omnilex-key=us-wi-regs-official--agency-rr--RR 1.07}

(1) A stenographic, electronic or other record of oral proceedings shall be made by the office. A written transcript of the record shall be prepared only as deemed necessary by the office, and unless otherwise prepared by the office for its own use, shall not be prepared at the specific request of any person unless needed by that person for appeal or court review purposes, or other valid reasons.

(2) Except as otherwise provided by statute, if a transcript has been prepared by the office for its own use, copies may be furnished to all interested parties upon payment of a fee of 15 cents for each page. If no transcript of the record has been prepared by the office and a specific request for a transcript is made, the party making the request shall be responsible for all reasonable costs incurred by the office in transcribing the record and in preparation of the transcript. Any party who on the basis of a verified petition can establish to the satisfaction of the office the need for a transcript and financial inability to pay for a copy may be furnished a copy free of cost. No fee shall be assessed against government bodies.

(3) If a proceeding has been recorded, the office may substitute a copy of the tapes for a transcript request if no petition for judicial review has been filed. The cost per tape shall be an amount set by the office based on the actual total cost and paid in advance, unless otherwise provided by statute.

Note: The cost per tape is $12.00. This amount is subject to change.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86; am. (3), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.08 Briefs and answers {#sec-rr-1.08 omnilex-key=us-wi-regs-official--agency-rr--RR 1.08}

(1) The examiner may require briefs in any matter before the office and answers to complaints.

(2) Whenever briefs and answers are filed, the examiner shall indicate the date on or before which they shall be submitted.

(3) Briefs shall be no more than 10 pages, typed in double space on 81⁄2 x 11 inch paper, unless the examiner provides otherwise. An original and one copy of the brief shall be filed with the office and one copy mailed, transmitted by facsimile or delivered in person to each of the other parties.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (3), Register, August, 1986, No. 368, eff. 9-1-86; am. (1) and (3), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.09 Witnesses, subpoenas and depositions {#sec-rr-1.09 omnilex-key=us-wi-regs-official--agency-rr--RR 1.09}

(1) Any party may request the examiner to issue subpoenas to compel the attendance of witnesses.

(2) Any party may request the examiner to issue subpoenas duces tecum to compel a witness to bring specific documents.

(3) The examiner may limit the scope of the subpoena or deny it if it appears to be unreasonable, oppressive, excessive in scope or unduly burdensome.

(4) Depositions and written interrogatories may be taken and used as evidence as provided in ch. 804, Stats.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § RR 1.10 Close of hearing and evidence {#sec-rr-1.10 omnilex-key=us-wi-regs-official--agency-rr--RR 1.10}

(1) Evidence in any proceeding will be declared closed when due opportunity to furnish relevant evidence, including proper cross-examination of witnesses and rebuttal, has been afforded all parties. If by stipulation of the parties or by direction of the examiner documentary evidence is permitted or directed to be introduced subsequent to the close of testimony, the evidence will be declared closed when such documentary evidence is received or when the specified time for furnishing it has elapsed without its being furnished. The examiner may extend the time as originally prescribed for filing such evidence.

(2) When the evidence is closed, but before a proposed decision is issued, the examiner may reopen the hearing for the taking of further evidence.

(3) A hearing is closed when evidence is closed and when after the proposed decision is issued any period fixed for filing of briefs, comments or presentation of oral argument has expired. If the time for filing briefs or comments has expired and the briefs or comments of one or more parties are not filed within that time, the commissioner may proceed to final determination of the proceeding.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (3), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 1.11 Comments on proposed decisions {#sec-rr-1.11 omnilex-key=us-wi-regs-official--agency-rr--RR 1.11}

(1) Where a proposed decision is prepared and circulated, comments shall be filed within 15 days of the date of the proposed decision unless a different date is specified by the examiner or commissioner. An original and one copy of the comments shall be filed with the office and one copy mailed, transmitted by facsimile, or delivered in person to each of the other parties listed in the proposed decision.

(2) Oral argument shall be held only where directed by the commissioner.

(a) Requests for oral argument made by parties admitted to the proceeding prior to preparation and circulation of the proposed decision shall be included with the comments on the proposed decision.

(b) Requests for oral argument made by an intervenor not admitted as a party to the proceeding prior to preparation and circulation of the proposed decision shall be directed to the commissioner and shall be filed within 5 days of deposit of the proposed decision in the first class mail or delivery in person to the parties to the proceeding. One copy of the request for oral argument by an intervenor under this paragraph shall be deposited in the first class mail or delivered in person to each of the other parties. Parties already admitted to the proceeding shall have until the end of the comment period provided in sub. (1) to file comments on the admission of the intervenor as a party to the proceeding. Comments on a request made under this paragraph may be included with the comments filed under sub. (1) or filed separately. Oral argument directed by the commissioner to be held under this paragraph shall be limited to relevant questions of law and the application of policy by the office.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (1), r. and recr. (2), Register, August, 1986, No. 368, eff. 9-1-86; am. (1), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.12 Office records {#sec-rr-1.12 omnilex-key=us-wi-regs-official--agency-rr--RR 1.12}

(1) Office records shall be open and available to the public as required by ch. 19, Stats.

(2) Written requests for copies of office records shall be addressed to the commissioner or to the legal custodian of records.

(3) The fee for reproduction, photocopying, photographing, transcription or other duplication of a public record in the custody of the office may not exceed the actual, direct and necessary cost.

Note: The office charges the following fees: simple photocopying - 15 cents per page, cassette tape of hearing $12.00. When the cost of locating a record exceeds $50, the office charges the actual, necessary and direct costs of location. These amounts are subject to change.

(4) With the agreement of the record requester, the custodian of records may elect to use a private company to produce copies of records in any form. The fee for such copies shall be the actual cost charged by the private company plus the cost of any office staff labor.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86; renum. from OCT 1.13, Register, May, 1996, No. 485, eff. 6-1-96; am. (3), cr. (4), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.13 Environmental review {#sec-rr-1.13 omnilex-key=us-wi-regs-official--agency-rr--RR 1.13}

(1) Approval of construction of major railroad facilities shall be screened using a screening worksheet to determine whether an environmental impact statement is required.

(2) The following types of office actions shall not require an environmental impact statement:

(a) Orders relating to railroad-highway crossings.

(b) Approval of spur track abandonment.

(c) Granting of applications by water carriers.

(d) Granting exemptions for vertical and horizontal clearances.

(3) Any action not specifically categorized in subs. (1) and (2) is presumed not to be a major action which may significantly affect the human environment. The office shall consider on an individual basis, any such action brought to its attention, and may determine that a screening worksheet is required to determine whether an environmental impact statement is needed.

(4) The procedure for an environmental screening shall be that outlined in ch. PSC 4.

(5) If an environmental impact statement is required, it shall be prepared in the manner outlined in ch. PSC 4.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (2) (intro.) and (3), Register, August, 1986, No. 368, eff. 9-1-86; renum. from OCT 1.14, Register, May, 1996, No. 485, eff. 6-1-96; correction in (4) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1996, No. 485; r. (2) (a) to (d), (f) and (g), renum. (2) (e), (h) and (i) to be (2) (a) to (c), cr. (2) (d), Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.14 Proposed decision {#sec-rr-1.14 omnilex-key=us-wi-regs-official--agency-rr--RR 1.14}

(1) Form. Each proposed decision issued by a hearing examiner shall be in writing, with a title identifying the matter and the docket number.

(2) Content. Each proposed decision shall include all of the following:

(a) Specific proposed findings of fact.

(b) Proposed ultimate conclusion on each material issue.

(c) Proposed conclusions of law.

(d) A proposed order setting out the duties of each party, including deadlines for work or installations required, and an apportionment of costs.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99.

Wis. Admin. Code § RR 1.15 Final decision {#sec-rr-1.15 omnilex-key=us-wi-regs-official--agency-rr--RR 1.15}

(1) Form. Each final decision issued by a hearing examiner shall be in writing, with a title identifying the matter and the docket number.

(2) Content. Each final decision shall include all of the following:

(a) Specific findings of fact.

(b) Ultimate conclusion on each material issue.

(c) Conclusions of law.

(d) An order setting out the duties of each party, including deadlines for work or installations required, and an apportionment of costs. The order is not limited simply to granting or denying a petition, but may order any reasonable method for the improvement of public safety or convenience.

(3) Final decision by examiner.

(a) The commissioner may, at any state of the proceedings, designate the examiner to render the final decision. The commissioner shall designate the examiner to render the final decision when the commissioner has recused himself or herself from participation in a proceeding. The designation shall be in writing and provided to all parties.

(b) During any prolonged disability or absence of the commissioner, the examiner shall render the final decision in any uncontested matter. During any period in which the position of commissioner is vacant, the examiner shall render the final decision in any uncontested matter.

History

• Cr. Register, February, 1999, No. 518, eff. 3-1-99.

Chapter RR 2 RAILROADS

Wis. Admin. Code § RR 2.001 Definition {#sec-rr-2.001 omnilex-key=us-wi-regs-official--agency-rr--RR 2.001}

For purposes of this chapter: “Office” means office of the commissioner of railroads.

History

• Cr. Register, August, 1986, No. 368, eff. 9-1-86; am. Register, May, 1996, No. 485, eff. 6-1-96.

Wis. Admin. Code § RR 2.01 Direct charges — general {#sec-rr-2.01 omnilex-key=us-wi-regs-official--agency-rr--RR 2.01}

(1) The direct charges referred to in this chapter are the charges made by the office pursuant to s. 195.60 (1), Stats.

(2) Direct charges are made for expenses attributable to the performance of the office’s regulatory duties which are directly and strictly attributable to the investigations known as cost cases. Direct charges shall include such expenses as travel and salary, but shall not include overhead expenses, whether or not specifically identifiable with an investigation. Expenses not directly charged shall be considered in the remainder assessment.

(3) The supporting records for charges made are:

(a) Monthly time distribution sheets for the time of office staff members. These consist of summaries of charges made, derived from weekly time sheets which record activities performed each day according to docket number.

(b) Monthly travel expense accounts for the travel expenses of office staff members. These charges are made from these expense accounts and are itemized each day according to docket number.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (1) and (2), r. and recr. (3), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.02 Direct charges for salaries {#sec-rr-2.02 omnilex-key=us-wi-regs-official--agency-rr--RR 2.02}

(1) The maximum daily charge against any one investigation is 8 hours per day.

(2) Charges are made on an hourly basis, computed to the nearest half-hour. The hourly charge for each employe is determined by adding to the individual’s base hourly salary rate the cost of time off with pay and the cost of fringe benefits.

(3)

(b) If it is necessary to visit the offices of another state government department, any other government department or organization, state or federal, or any private organization to obtain information for the investigation, the time thus spent shall be charged against the railroad being investigated. If an investigation is made of affiliated interests, this likewise shall be charged against the railroad, the investigation of which necessitates the examination of the affiliate.

(4) No direct charges are made for the time of the commissioner and staff acting in a supervisory capacity.

(5) If on a trip, actual time reported on cases equals or exceeds the standard 8 hours per day and traveling time is likewise reported for that day, such traveling time is disregarded in making charges. However, if actual time reported on cases be less than the standard per day and traveling time also be reported, the difference between the time on cases and the standard is regarded as traveling time against those cases, provided that such difference does not exceed the hours of travel reported. The total of traveling time computed by such method for an entire trip is then prorated over those cases reported on that trip on the basis of the aggregate actual time reported for each and limited for each investigation by the standard day, except where over-time hours as provided in this chapter have been included in the chargeable time.

(6) When the office finds it necessary to engage the services of people, not members of its regular staff, for consulting advice or for particular projects arising out of investigations, the cost to the office of such services shall be chargeable to the railroad under investigation.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (2), (3) (a), (4) and (6), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.03 Direct charges for traveling expense {#sec-rr-2.03 omnilex-key=us-wi-regs-official--agency-rr--RR 2.03}

(1) All traveling expenses incurred in an investigation or in rendering services shall be charged subject to subs. (2) and (3):

(2) Traveling expenses for an entire trip are prorated among the cases reported on that trip on the basis of the aggregate actual hours (without the proration of traveling time) reported for each, and limited for each investigation by the standard day except where overtime hours as provided in this chapter have been included in the chargeable time. The underlying principle is that the expenses follow time spent.

(3) No direct charges are made for the traveling expenses of:

(a) The commissioner.

(b) Staff acting in a supervisory capacity.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (3) (a), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.04 Procedure for billing and collection of direct charges {#sec-rr-2.04 omnilex-key=us-wi-regs-official--agency-rr--RR 2.04}

(1)

(a) The office shall make an express finding of necessity for an investigation of the books, accounts, practices and activities, or an appraisal of the property of any railroad, and of the intention to assess costs incurred by the office.

(b) Notice of finding and notice of the existence of the resulting statutory duty to pay the expenses reasonably attributable to the contemplated investigation or appraisal are served upon the affected railroad by the office.

(2) The usual practice of the office is to render monthly statements. Itemization is made on the bill to indicate the names of the office’s employes engaged on the work, the hours expended, their hourly rates, special charges and the amount of the charges. In a joint investigation or where the charges in one investigation are to be divided between 2 or more railroads, such charges shall be assessed, unless otherwise ordered, in proportion to their respective gross operating revenues for the preceding calendar year from the kind of service involved.

(3) Each railroad shall file with the office on or before April 1 of each year a verified statement of its gross operating revenues for the preceding calendar year, exclusive of those derived from the transportation of mail, derived from intrastate operations in the state of Wisconsin, showing the amounts for each operating revenue-account as prescribed by the current classification of accounts for railroads of the interstate commerce commission.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (1), Register, August, 1986, No. 368, eff. 9-1-86; am. (2), (3), Register, May, 1996, No. 485, eff. 6-1-96.

Wis. Admin. Code § RR 2.05 Forms — general {#sec-rr-2.05 omnilex-key=us-wi-regs-official--agency-rr--RR 2.05}

The forms named in this chapter are listed by title, and may be obtained from the office.

Note: The office can be contacted at the Office of the Commissioner of Railroads, Hill Farms State Office Building, 4822 Madison Yards Way, Suite S633, P.O. Box 7854, Madison, WI 53707-7854, (608) 267-0276.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86; am. Register, May, 1996, No. 485, eff. 6-1-96.

Wis. Admin. Code § RR 2.06 List of forms {#sec-rr-2.06 omnilex-key=us-wi-regs-official--agency-rr--RR 2.06}

The following forms may be obtained from the office:

(1) Wisconsin Annual Report Class I Railroads.

(2) Wisconsin Annual Report Class II Railroads.

(3) Wisconsin Annual Report Class III Railroads.

(4) Quarterly report of freight commodity statistics.

(5) Gross operating revenues derived from intrastate operations in the state of Wisconsin for each calendar year. Required of railroads as defined in s. 195.02, Stats.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (intro.) and (1) to (3), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.07 Number crossings {#sec-rr-2.07 omnilex-key=us-wi-regs-official--agency-rr--RR 2.07}

All railroads operating in the state of Wisconsin over public highway grade crossings are required to number the crossings in this state and submit the information to the office.

History

• 1-2-56; am. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.08 Crossing changes {#sec-rr-2.08 omnilex-key=us-wi-regs-official--agency-rr--RR 2.08}

All railroads shall submit to the office an annual statement of changes at railroad-highway crossings including openings, closings, separations, and changes in protective devices.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.09 Plans {#sec-rr-2.09 omnilex-key=us-wi-regs-official--agency-rr--RR 2.09}

(1) All railroads operating in Wisconsin shall submit to the office for its approval detailed circuit plans and a description of the operations and functions to be performed by signals for any proposed highway-railroad grade crossing signal installation and for proposed changes in existing installations.

(2) The railroads shall keep a copy of the circuit plans in the instrument cases for the signal installations.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (1), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.10 Maintenance {#sec-rr-2.10 omnilex-key=us-wi-regs-official--agency-rr--RR 2.10}

(1) The railroads shall inspect and test each signal installation in the state at least once a month and record the dates of inspection and maintenance activities in the instrument cases.

(2) The railroads shall repair and replace signal equipment and components as is necessary to maintain proper operation of the signals and shall periodically clean the signal lenses and roundels and paint, if required, the signal backgrounds and hoods.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § RR 2.11 Maintenance reimbursement {#sec-rr-2.11 omnilex-key=us-wi-regs-official--agency-rr--RR 2.11}

(1) The cost of maintenance for the purpose of reimbursement pursuant to s. 195.28, Stats., shall be based on a Signal Unit System Method using the following unit designations:

(2) All railroads operating in Wisconsin shall submit to the office by June 1, 1983, a simple drawing delineating the installation with a tabulation and description of the signal units involved for each railroad-highway crossing signal installation in operation in the state on January 1, 1983.

(a) The drawing and tabulation shall contain identification of the crossing including federal AAR-DOT number, Wis. crossing number, county and town or municipality in Wisconsin, and the highway or street involved.

(b) When the component as stated under description functions jointly for more than one crossing or as a part of the railroad block signal system, the appropriate fractional quantity shall be applied to the crossing.

(3) All signal installations placed in service after January 1, 1983, including alteration of existing installations which change the number of signal units, shall be reported to the office by the railroads with a drawing and unit tabulation which includes the date the installation or alteration was completed.

(4) All railroads operating in Wisconsin shall submit to the office by June 1, 1983, the maintenance costs for calendar year 1982 for all railroad-highway crossing signal installations in Wisconsin as drawn from accounting records maintained in accordance with the Interstate Commerce Commission Uniform System of Accounts including assignable labor and material additives and a statement of the total signal units involved in such costs. In some cases, units and costs in adjoining states may be included where cost reports cannot readily be separated. This information shall be provided for each fourth year anniversary after 1982.

(5) Using the cost information and lists of signal units, the office shall determine the average dollar value per unit maintenance cost in Wisconsin for crossing signal installations for the year 1982.

(6) The average dollar value per unit applied to the total units per crossing shall be the maintenance cost for the crossing and the basis for paying railroad claims for maintenance pursuant to s. 195.28, Stats.

(7) For the interim years when actual cost information is not provided, the average dollar value per unit will be adjusted in accordance with the published AAR Indexes of Railroad Material Prices and Wage Rates, Railroads of Class I, Western District.

History

• Cr. Register, October, 1982, No. 322, eff. 11-1-82; am. (2) (intro.) and (3) to (6), Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.12 Initial reports {#sec-rr-2.12 omnilex-key=us-wi-regs-official--agency-rr--RR 2.12}

Upon occurrence of any accident-incident in Wisconsin involving a railroad, resulting in death, substantial damages or significant hazard to the public, a report shall be made by the railroad involved to the office as soon as practicable but not later than within 24 hours of the occurrence or before 4 p.m. of the first business day following the occurrence.

History

• Renum. from PSC 72.02 (1) and am. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.13 Monthly reports {#sec-rr-2.13 omnilex-key=us-wi-regs-official--agency-rr--RR 2.13}

The federal railroad administration in accordance with 49 CFR 225 Accident/Incident Reporting Standards requires each railroad company to submit a monthly report of railroad accidents-incidents. Each railroad company operating in Wisconsin shall submit to the office a copy of these applicable to its Wisconsin operation on or before the filing date as required by federal regulation.

History

• Renum. from PSC 72.03 and am. Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86.

Wis. Admin. Code § RR 2.14 Railroad clearances—general {#sec-rr-2.14 omnilex-key=us-wi-regs-official--agency-rr--RR 2.14}

Clearance standards established herein shall apply to each railroad operating in Wisconsin and lands adjacent to all railroad tracks with respect to new construction or reconstruction of tracks and structures and other conditions after the effective date of this chapter. Construction, installation and operation of electric power, communication and signal lines and equipment shall comply with the Wisconsin State Electrical Code designated as ch. PSC 114. The exemptions referred to in this rule are not applicable to requirements of the Wisconsin State Electrical Code.

History

• Cr. Register, February, 1965, No. 110, eff. 3-1-65; renum. from PSC 82.01 and am. Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § RR 2.15 Clearances {#sec-rr-2.15 omnilex-key=us-wi-regs-official--agency-rr--RR 2.15}

(1) The horizontal clearance between the centers of adjacent and parallel tracks shall not be less than 14 feet.

(2) Except for railroad passenger platforms and railroad freight platforms, no structure shall be constructed or reconstructed on either side of any railroad track less than 8 feet 6 inches from the track center line; and a clear and unobstructed working space shall be maintained on both sides of any railroad track, not less than 8 feet 6 inches from the track center line.

(3) Platforms at passenger stations used for loading and unloading passengers, baggage, mail, and express may be constructed and maintained as follows:

(a) Such a platform which is not higher than 4 inches above the top of the rail shall be not less than 4 feet 6 inches from the center line of the adjacent track;

(b) Such a platform which is more than 4 inches but not higher than 8 inches above the top of the rail shall be not less than 5 feet 1 inch from the center line of the adjacent track;

(c) Such a platform which is more than 8 inches but not higher than 1 foot 9 inches above the top of the rail shall be not less than 6 feet from the center line of the adjacent track;

(d) Such a platform which is higher than 1 foot 9 inches above the top of the rail of a main track shall be not less than 8 feet from the center line thereof.

(4) Railroad freight platforms not more than 5 feet in height above the top of rail may be constructed with a clearance of not less than 6 feet 4 inches from the track center line of railroad tracks other than main line, yard lead, or industrial lead tracks, provided a clear and unobstructed working space of not less than 8 feet 6 inches from the track center line is maintained on the side of the track opposite such platforms.

(5) The minimum clearances standards in subs. (1) through (4) are for straight tracks and these minimum clearances shall be increased 1 inch for each degree of curvature when the track or tracks are curved.

(6) No structure which is less than 22 feet above the top of rail shall be constructed or reconstructed over a railroad track or over the area 8 feet 6 inches from the track center line on each side of a railroad track.

History

• Renum. from PSC 82.02, 82.03, 82.04 and 82.05 and am. (5), Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § RR 2.16 Exemptions {#sec-rr-2.16 omnilex-key=us-wi-regs-official--agency-rr--RR 2.16}

(1) Materials used by a railroad for repair or construction just prior to and during the period such work is in progress, and railroad structures and facilities necessary for the operations of trains for which it is impracticable to provide the minimum clearances, are exempted from the provisions of s. RR 2.15 (2) to (5).

(2) Upon written application and after public hearing, the office may grant exemption from the clearances requirements of this chapter upon a finding that the clearances proposed does not imperil life or limb and that public interest requires or permits such clearance. The findings and order granting exemption shall be in writing and shall contain complete provisions and requirements as to the clearances to be maintained.

(3) Wherever any overhead structure or any part thereof is less than 22 feet above the top of the rail, every railroad corporation or industry shall maintain telltales of suitable construction installed over each track at such distances from the obstruction as shall provide adequate security against accident; except that if the office finds that the installation of a telltale at any particular place would be impracticable or would result in any increased hazard to either the public or an employe and that either or both such factors outweigh the safety benefit which would result from the installation of a telltale, the office may enter an order providing an exemption from this subsection. Such exemption shall be ordered by the office only after written application and public hearing.

History

• Cr. Register, February, 1965, No. 110, eff. 3-1-65; renum. from PSC 82.06, Register, October, 1982, No. 322, eff. 11-1-82; am. Register, August, 1986, No. 368, eff. 9-1-86; am. (1), Register, May, 1996, No. 485, eff. 6-1-96.

Wis. Admin. Code § RR 2.17 Motor vehicles—general {#sec-rr-2.17 omnilex-key=us-wi-regs-official--agency-rr--RR 2.17}

(1) Section RR 2.17 prescribes minimum standards for the transportation of employes by motor vehicles to and from their places of employment and during the course of their employment and shall be observed by all railroads in their operations within the state of Wisconsin.

(2) The intent of the rules will be realized a) by applying the rules in full to all new motor vehicles and related items or equipment when placed in service, b) by applying all except s. RR 2.18 (1), (2), (3), (5), and (6) to existing vehicles, c) by applying all rules where there is major reconstruction of the vehicles and to those parts used as replacements in the partial reconstruction of a vehicle, d) these regulations shall not apply to taxicabs or other vehicles licensed by competent authority to transport the public, and used by a railroad to transport its employes.

(3) All motor vehicles and related items or equipment shall be designed for use in the manner contemplated in these rules.

(4) Motor vehicles and related items or equipment shall be cleaned when necessary and inspected at such intervals as experience has shown to be necessary. Any motor vehicle or related items or equipment found or known to be defective so as to endanger life or property shall be promptly repaired or taken out of service until repairs can be made. Repairs shall be made by competent persons. Compartments for employes shall be kept in a reasonably clean and sanitary condition, and employes shall cooperate in maintaining such conditions.

(5) It is recognized that these regulations cannot cover all contingencies, and accordingly the office may, on application or on its own motion, modify, grant exceptions to, or prescribe higher standards than the rules contained in this chapter.

(6) In times of emergency, if approved vehicles are not available, vehicles not complying with these regulations may be used. An emergency shall be considered as existing when rail traffic has been stopped or disrupted (or where there is a threat of stoppage or disruption) because of derailment, accident, disastrous storm, fire, flood or other similar condition. Ordinarily weather conditions including usual storms especially in winter shall not be considered to call for emergency operation.

(7) As used in these rules, unless the context requires otherwise:

(a) “Employe” means an individual employed for any period in any work for which he is compensated by a rail common carrier.

(b) “Employer” means a railroad common carrier who employs one or more employes.

(c) “Heating facilities” means a hot water radiator type system, or any other generally acceptable form of heating which does not emit nauseous fumes or gases into the vehicle.

(d) “Material” means all items that can be lawfully transported by motor vehicles.

(e) “Motor vehicle” means any vehicle which is self-propelled and designed primarily for highway use, and which may or may not be equipped with retractable flange wheels for operation on railroad tracks.

(f) “Rear compartment” means a crew cab which may be a continuation of the driver’s cab, providing additional seating facilities, or an auxiliary cab located directly behind the driver’s cab.

(g) “Seating facilities” means seats provided for workers other than the driver.

(h) “Tools” means hand or power-driven instruments and machines used in the efficient prosecution of a trade or calling.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; renum. from PSC 85.01 (2), 85.02, 85.03 (2) to (6), (9) to (11), and am. (1), Register, October, 1982, No. 322, eff. 11-1-82; am. (5), Register, August, 1986, No. 368, eff. 9-1-86; am. (1), (2), Register, May, 1996, No. 485, eff. 6-1-96.

Wis. Admin. Code § RR 2.18 Rear compartments {#sec-rr-2.18 omnilex-key=us-wi-regs-official--agency-rr--RR 2.18}

(1) A rear compartment may be either a continuation cab or an auxiliary cab.

(2) A continuation cab is a standard crew cab as designed and furnished by the motor vehicle manufacturer or as constructed by a motor vehicle body company which is a continuance of the driver’s cab, of equal strength, all welded construction. In this type of cab, no communication system between the rear compartment and the driver is required.

(3) An auxiliary cab is a rear compartment separated from the driver’s cab. It shall be of metal construction (including top), welded or riveted, with interior lining, equipped with adequate padded seats and back rests firmly secured in place. It shall be fastened directly to the frame of the motor vehicle and not to the surface of the bed of the vehicle. When necessary, it shall be equipped with steps and hand holds.

(4) A system of communication between an auxiliary cab and the driver shall be provided and said communication system must be kept in good working condition at all times.

(5) Both types of cabs shall be provided with a heating system for cold weather and a ventilation system for hot weather, providing heat and ventilation substantially equal to that provided for the driver. Exhaust systems shall be so designed as to prevent exhaust fumes from entering the rear compartment. Heavy-duty hinge-type doors shall be provided, equipped with automotive-type safety latches. All windows shall be of safety glass, as required by law. Where a compartment is equipped with only one door, at least one window shall be of the “knock-out” type and of sufficient size to provide emergency exit for the employes. All vehicles shall have adequate seating capacity for the number of employes carried.

(6) Canvas-covered truck beds or shelters built of wood, plywood or light-gauge metal on the bed of the truck shall not be considered as a rear compartment. The vehicles shall be especially built or modified for transporting employes in compartments separate from space used to transport tools, material and equipment for the employes.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-77; renum. from PSC 85.04, Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § RR 2.19 Safety equipment required {#sec-rr-2.19 omnilex-key=us-wi-regs-official--agency-rr--RR 2.19}

(1) All vehicles used for the transportation of employes shall carry an adequate first-aid kit suitable for the number of employes transported.

(2) Each vehicle used to transport employes shall be equipped with either a 2-pound dry chemical type, or a 4-pound carbon dioxide type fire extinguisher approved by the Underwriters Laboratories, Inc. These are minimum capacities. Toxic vaporizing liquid type fire extinguishers, such as those containing carbon tetrachloride or chlorobromomethane, will not be permitted.

(3) Racks, boxes, holsters or equivalent means shall be provided and arranged so employes will not be endangered by tools or equipment being transported, loaded or removed.

(4) To prevent materials being transported on flatbed trucks from shifting against cab or rear compartment, a suitable front endgate must be provided.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; renum. from PSC 85.05, Register, October, 1982, No. 322, eff. 11-1-82.

Wis. Admin. Code § RR 2.20 Drivers, operation, employe’s duties {#sec-rr-2.20 omnilex-key=us-wi-regs-official--agency-rr--RR 2.20}

(1) Only authorized, experienced, competent, qualified and licensed drivers not less than 18 years of age who satisfy the minimum standards for drivers established by the division of motor vehicles shall be permitted to operate vehicles used to transport employes.

(2) The motor vehicles shall not carry railroad passengers or non-employes, except in an emergency. Persons having a work contact with the railroad or governmental inspection personnel may be carried.

(3) When the driver’s compartment is separate from the compartment used to transport employes, the signals adopted for use on the communication system shall be simple and understood by both driver and employes.

(4) No vehicle shall be loaded beyond its safe carrying capacity, or beyond its licensed capacity when in use on public streets or highways. No motor vehicle shall be driven if it is so loaded, or if the load thereon is so distributed or so inadequately secured as to prevent safe operation.

(5) No motor vehicle shall be driven when anything in, on or attached to the vehicle obscures the driver’s view ahead or to either side, or interferes with the free movement of his arms or legs, or prevents his free and ready access to his controls and emergency equipment, or prevents the free and ready exit of any person from the vehicle.

(6) All vehicles transporting employes shall observe all motor vehicle laws of the state.

(7) No explosives (except flagging equipment) shall be hauled on any vehicle while it is engaged in transporting employes. This rule shall not prohibit the driver and one qualified powder man from riding in a vehicle in which explosives are being hauled.

(8) Gasoline and other low flash point liquids shall not be hauled in vehicles transporting employes except when in department of industry, labor and human relations approved safety containers or in containers meeting with the current specifications of the United States department of transportation. Such containers shall be carried in a safe, suitable location outside the passenger compartment as far from the compartment as possible, firmly secured to prevent shifting, and where they will not block exit from the vehicle.

(9) Occupants shall not ride with any part of their bodies extending out over the side of the vehicle.

(10) Employes wearing equipment which might injure a fellow employ (spurs, exposed sharp tools, and the like) shall remove such equipment before entering any vehicle in which employes are being transported.

(11) Scuffling or horseplay while riding in any vehicle is prohibited.

(12) Any hazardous condition or defect of a motor vehicle or unsafe practice of the driver or employes riding in vehicles used to transport employes shall be reported in writing to the employer or supervisor as soon as possible by any employe having knowledge of such conditions.

History

• Cr. Register, September, 1970, No. 177, eff. 10-1-70; renum. from PSC 85.06, Register, October, 1982, No. 322, eff. 11-1-82.

Chapter RR 4 WATER CARRIERS

Wis. Admin. Code § RR 4.01 Definitions {#sec-rr-4.01 omnilex-key=us-wi-regs-official--agency-rr--RR 4.01}

For purposes of this chapter:

(1) “Office” means the office of the commissioner of railroads.

(2) “Water carrier” means a common carrier of passengers or property by water as set forth in s. 195.45, Stats.

History

• Cr. Register, August, 1986, No. 368, eff. 9-1-86; am. (1), Register, May, 1996, No. 485, eff. 6-1-96.

Wis. Admin. Code § RR 4.02 Water carrier application {#sec-rr-4.02 omnilex-key=us-wi-regs-official--agency-rr--RR 4.02}

(1) Application for a certificate. Application for a certificate of convenience and necessity to operate as a water carrier shall be filed with the office by deposit in the mail or in person upon the forms prescribed for that purpose provided by the office.

Note: The office can be contacted at the Office of the Commissioner of Railroads, Hill Farms State Office Building, 4822 Madison Yards Way, Suite S633, P.O. Box 7854, Madison, WI 53707-7854, (608) 267-0276.

(2) Filing fee. An application for a certificate of public convenience and necessity shall be accompanied by a nonrefundable filing fee of $40. This fee shall be paid by cash, check or money order made payable to the office of the commissioner of railroads.

(3) Publication of notice. Upon an initial determination by the Office that the basic entry requirement set out in s. RR 4.03 may be satisfied, the applicant shall be furnished with copies of the official notice that application has been made which the applicant shall publish in a newspaper of general circulation in each county through or in which the proposed service shall be rendered. Prior to publication, the applicant shall examine the notice and notify the office of applicant’s approval of the form and content of the notice or submit a revised notice to the office.

(4) Contents of notice. The notice shall contain:

(a) The correct legal name of the applicant;

(b) The applicant’s address;

(c) An accurate and complete description of the operations and transportation services proposed to be rendered in sufficient detail to give full notice to the public and other water carriers;

(d) A statement to the effect that a certificate to engage in the proposed operations and transportation services may be granted without hearing unless a petition for hearing is made by an interested party and is filed with the office within 20 days of publication of the notice provided for in sub. (3).

(5) Proof of publication. Proof of publication from the newspaper in which the notice was published shall be filed with the office within 10 days after publication. The applicant shall file a receipt from the newspaper showing the publication fees have been paid and a copy of the notice.

History

• Cr. Register, August, 1986, No. 368, eff. 9-1-86; am. (1), (2), (3), Register, May, 1996, No. 485, eff. 6-1-96.

Wis. Admin. Code § RR 4.03 Requirements for a certificate of public convenience and necessity {#sec-rr-4.03 omnilex-key=us-wi-regs-official--agency-rr--RR 4.03}

(1) Basic entry requirements. In order to obtain a certificate of public convenience and necessity which authorizes service under s. 195.45, Stats., the applicant shall prove:

(a) That the proposed operations or transportation services to be performed are in the public interest;

(b) There is a present and future public need for the proposed service;

(c) The applicant has and will have the financial ability to conduct the proposed operations; and

(d) The applicant is otherwise fit to conduct the proposed operation.

(2) Notice of hearing. Where an application is protested and a petition for hearing is filed with the office pursuant to s. RR 4.02 (4) (d), the matter may be set for hearing and the parties notified in the manner prescribed in s. RR 1.03.

(3) Need for the proposed service. Where no petition for hearing is received pursuant to s. RR 4.02 (4) (d), the applicant shall submit verified statements from representative shippers or passengers who expect to use the proposed service in order to prove that a public need exists for the proposed service. The sponsors must state the following information:

(a) For what purpose or occasion they expect to use the proposed service.

(b) To and from what points they expect to use the proposed service.

(c) How often they expect to use the proposed service.

(d) For freight shippers only, the volumes of product they expect to ship using the proposed service.

(e) Any additional information which may explain how the proposed service will meet needs that are not currently being met by existing service.

(4) Verification of sponsor statements. Statements filed under sub. (3) shall be signed and verified by the sponsoring individual, or an authorized employe thereof who is knowledgeable about the sponsor’s business and operations. The office may require the sponsor to supply additional information, and may reject statements that, in the judgement of the office, lack authenticity.

(5) Financial fitness. To determine financial capability, the office shall assess the applicant’s overall liquidity, capital structures and profitability, based on the most recent income statement and balance sheet available. The office shall consider the following ratios in assessing the applicant’s overall financial capability.

(a) Liquidity

(b) Capital structure

(c) Profitability

(6) Applicants performance. The office shall evaluate each applicants financial capability individually on the basis of overall performance in the 3 major categories set out in sub. (5). Applicants need not prove sufficiency under each ratio to be considered financially capable. Applicants shall have the opportunity to submit additional relevant information addressing deficiencies in any of the areas identified by the office. The staff of the office shall advise applicants requesting assistance in providing the necessary financial information.

(7) General fitness. Applicants shall state in writing that they have a general knowledge of applicable state statutes and rules and that they intend to comply with them. Proof of past failure to comply with those laws may constitute sufficient grounds upon which to restrict a grant of authority or deny an application.

(8) Burden of proof. Applicants shall make an initial showing that the entry requirements set forth in sub. (1) have been met. If the application is protested and a hearing is held, the burden shifts to the objector to present evidence tending to disprove a material element of the applicant’s initial showing. Objectors challenging the application based on lack of need for the proposed service shall make an affirmative showing that existing service is sufficient to meet the public convenience and necessity.

History

• Cr. Register, August, 1986, No. 368, eff. 9-1-86; am. (2), (3), Register, May, 1996, No. 485, eff. 6-1-96.