The commission may grant a petition to close a railroad grade crossing without a hearing unless the commission receives an objection to the proposed closure within twenty days after providing notice of the petition as required in RCW
81.53.060.
(1) Objections. An objection to a petition to close a railroad grade crossing must be in writing and must:
(a) Identify the person or persons who object by full name, mailing address, telephone number, and email address;
(b) Identify the particular crossing that is the subject of the objection;
(c) State the commission docket number; and
(d) Explain the basis for the objection.
If a communication does not meet these requirements, the commission will not treat the communication as an objection when determining whether a hearing is required under RCW
81.53.060.
(2)
Parties. Only parties may fully participate in any proceeding the commission conducts to determine whether to grant a contested petition for a railroad grade crossing closure. A person other than the petitioner and commission staff who wishes to participate as a party including, but not limited to, a person filing an objection to the closure, must petition to intervene prior to or at the initial prehearing conference or first hearing session, whichever is earlier, as prescribed in WAC
480-07-340.
(3)
Interested persons. The commission will provide interested persons who are not parties with an opportunity to comment on the issues in the proceeding and offer evidence, as required by RCW
81.53.060. Such interested persons, however, may not call witnesses, cross-examine witnesses, or otherwise participate as a party at the hearing and do not have standing to file petitions for administrative review of initial orders or to file petitions for reconsideration of final orders.
[Statutory Authority: RCW
80.01.040 and
80.04.160. WSR 18-18-041 (Docket A-130355, General Order R-592), § 480-07-660, filed 8/29/18, effective 9/29/18; WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-660, filed 11/24/03, effective 1/1/04.]