reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 26 - Nonconsensual Wrecker and Towing Services › Part 1 - NONCONSENSUAL WRECKER AND TOWING SERVICES RATE CHANGE APPLICATIONS › Section 165:30-26-3 - Application; application package; and staff response to filed application package

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Applicant shall file with the Commission Court Clerk its request for a rate
				  increase or rate change in a complete application package. Applicant shall also
				  submit the filing fee with the application package, which is set forth in the
				  Commission Rules of Practice. Applicant shall submit six (6) copies of the
				  application package to the Commission Court Clerk at the time of
				  filing.
(b) The application shall
				  be in the form required by the Commission Rules of Practice for commencement of
				  a cause.
(c) The application
				  package shall contain the following:
(1) A
				  narrative explanation of the justification for the rate increase or rate
				  change;
(2) The application shall
				  contain all exhibits, schedules, testimony, and evidence necessary to support
				  the application and shall be assembled in sections with index tabs identifying
				  each section for referencing convenience;
(3) Filed testimony shall reference the
				  exhibits, schedules, and evidence in the same manner used to file the
				  application package;
(4) All
				  exhibits, schedules, testimony, and evidence shall be both factually and
				  mathematically correct using generally accepted accounting methods.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 26 - Nonconsensual Wrecker and Towing Services › Part 1 - NONCONSENSUAL WRECKER AND TOWING SERVICES RATE CHANGE APPLICATIONS › Section 165:30-26-4 - Limitations on filing rate cause

Current through Vol. 41, No. 20, July 1, 2024
At the time of filing a request for a rate increase or rate
					 change or at the time of entering an appearance in a rate increase or rate
					 change cause, the filer shall not have any outstanding obligation to the
					 Commission or to a consumer as the result of a nonconsensual towing rate
					 complaint.
Added at 30 Ok Reg 1042, eff
						7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 26 - Nonconsensual Wrecker and Towing Services › Part 3 - RESPONSE TO NONCONSENSUAL TOWING RATE COMPLAINTS › Section 165:30-26-10 - Receipt of nonconsensual towing rate complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) Any nonconsensual towing rate complaint
				  received by the Commission or any of its Divisions shall be recorded
				  immediately upon receipt in such format as the Commission may
				  designate.
(b) A written
				  acknowledgement of receipt of a nonconsensual towing rate complaint will be
				  communicated to the complainant, alleged violator, and other relevant parties,
				  if known, within seven (7) calendar days following receipt of the nonconsensual
				  towing rate complaint and shall provide the status of the nonconsensual towing
				  rate complaint at that time. The written acknowledgement shall contain
				  information necessary to identify the tow. The wrecker service invoice number,
				  vehicle identification number, date, and time of the tow are examples of the
				  kind of information that may be provided. The written acknowledgement shall
				  also request initial records needed to commence the complaint investigation.
				  Nothing herein restricts the Commission from requiring and examining additional
				  records necessary to fully investigate a complaint.
Added at 30 Ok Reg 1042, eff
						7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 26 - Nonconsensual Wrecker and Towing Services › Part 3 - RESPONSE TO NONCONSENSUAL TOWING RATE COMPLAINTS › Section 165:30-26-11 - Review of nonconsensual towing rate complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) The appropriate Division of the
				  Commission shall immediately review each nonconsensual towing rate complaint
				  and promptly refer any complaint concerning matters not regulated by the
				  Commission to the appropriate state or federal agency.
(b) Nonconsensual towing rate complaints that
				  are not referred shall be reasonably and sufficiently investigated, which may
				  include on site investigation, to determine whether or not an action or actions
				  should be initiated by the Commission.
(c) Nonconsensual towing rate complaints must
				  be filed within the wrecker service documentation retention requirements of the
				  Oklahoma Department of Public Safety.
Added at 30 Ok Reg 1042, eff
						7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 26 - Nonconsensual Wrecker and Towing Services › Part 3 - RESPONSE TO NONCONSENSUAL TOWING RATE COMPLAINTS › Section 165:30-26-12 - Nonconsensual towing rate complaint resolution and contesting a Violation Notification

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Nonconsensual towing rate complaint resolution is not achieved until either a
				  written determination is issued or the Violation Notification process,
				  initiated by a Notice of Probable Violation (NOPV) letter, is closed by the
				  Transportation Division.
(b) If the
				  complaint investigation results in a NOPV requiring restitution and/or a
				  penalty, or other action is necessary, the disallowed amount must be remitted
				  within twenty (20) calendar days of the NOPV to avoid enforcement action
				  against the wrecker or towing service. The NOPV shall specify each charge that
				  was in violation of the Commission's rate order(s) and will list a member of
				  Transportation Division staff as a point of contact. Restitution payments must
				  be remitted to the person taking responsibility for the tow bill, whereas,
				  penalties assessed must be remitted to the Commission along with a copy of the
				  written determination.
(c) Any
				  individual or entity that wishes to contest the NOPV must do so within twenty
				  (20) calendar days of the date of mailing, by regular mail, of the NOPV by
				  filing a Transportation Docket (TD) cause application conforming to Commission
				  rules found in Subchapter 7 of this Chapter and the Commission's Rules of
				  Practice (OAC 165:5). In the event the expiration of the twenty (20) days falls
				  on a weekend or holiday for which the Commission is not open for regular
				  business, the application may be filed the following business day the
				  Commission is open to be considered timely filed.
Added at 30 Ok Reg 1042, eff
						7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 26 - Nonconsensual Wrecker and Towing Services › Part 3 - RESPONSE TO NONCONSENSUAL TOWING RATE COMPLAINTS › Section 165:30-26-13 - Closure

Current through Vol. 41, No. 20, July 1, 2024
Nonconsensual towing rate complaints referred to other
					 agencies, nonconsensual towing rate complaints that involve issues not within
					 the Commission's jurisdiction, and nonconsensual towing rate complaints that
					 involve issues for which an adequate remedy has already been implemented shall
					 be closed in writing and a copy of the referral or other closure document shall
					 be sent to the complainant, alleged violator, and other relevant parties, if
					 known, within seven (7) calendar days of closure.
Added at 30 Ok Reg 1042, eff
						7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 26 - Nonconsensual Wrecker and Towing Services › Part 3 - RESPONSE TO NONCONSENSUAL TOWING RATE COMPLAINTS › Section 165:30-26-14 - Nonconsensual towing rate complaints and audits

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  Commission hereby establishes a progressive system of actions to be taken by
				  the Commission, or its designee, to achieve compliance with a Commission
				  nonconsensual towing order. Violations of a Commission nonconsensual towing
				  order may be established as a result of a nonconsensual towing rate complaint
				  investigation or an audit.
(b) For
				  purposes of progressive actions, the date shown on the service invoice serves
				  as the violation date. The dated written notice of a violation issued by the
				  Commission, or its designee, serves as the Violation Notification.
(c) The following stipulations are in place
				  for violations established as a result of a complaint investigation:
(1) A Violation Notification will contain
				  instructions on the proper rate calculation procedure and will be provided to
				  the wrecker service. The Violation Notification will list the violations and
				  remediation requirements. The Violation Notification may require the repayment
				  of the overcharge to the person who paid for the services. The wrecker service
				  shall comply with the written instructions within twenty (20) calendar days of
				  the Violation Notification.
(2)
				  Each subsequent Violation Notification of the same provision of a Commission
				  nonconsensual towing order within an eighteen (18) month period will be treated
				  as a progressive violation.
(A) A violation
				  may progress to the next level only when the date of the second or succeeding
				  Violation Notification is later than the previous violation date.
(B) Each progressive action may consist of a
				  new remediation requirement as well as each of the preceding remediation action
				  requirements.
(3) For the
				  second Violation Notification of the same violation during aneighteen (18)
				  month period, a penalty may be assessed in accordance with (f) of this Section.
				  In addition, the Commission or its designee may recommend the wrecker service
				  be temporarily removed from the Oklahoma Department of Public Safety and/or
				  other political subdivision's rotation log. Any such recommendation for removal
				  will include the justification for such request.
(4) For the third and any subsequent
				  Violation Notification of the same violation during aneighteen (18) month
				  period, the Commission or its designee may recommend to the Oklahoma Department
				  of Public Safety that the license of the wrecker service be suspended or
				  revoked. Any political subdivision with which the wrecker service maintains a
				  contract to provide nonconsensual wrecker or towing services may also be
				  notified of the violation(s) along with the justification for such
				  notification.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 26 - Nonconsensual Wrecker and Towing Services › Part 3 - RESPONSE TO NONCONSENSUAL TOWING RATE COMPLAINTS › Section 165:30-26-18 - Display of nonconsensual towing rates

Current through Vol. 41, No. 20, July 1, 2024
(a) Each wrecker service licensed by the
				  Department of Public Safety and placed upon an official rotation log to perform
				  nonconsensual tows shall be required to conspicuously display a copy of the
				  current Oklahoma Corporation Commission Nonconsensual Towing Maximum Wrecker
				  Rate Chart at each location where a person will be paying for a vehicle
				  release.
(b) The Maximum Wrecker
				  Rate Chart size and text must be large enough to be easily read by the person
				  paying for the vehicle release and contain fully legible text and
				  figures.
(c) The Maximum Wrecker
				  Rate Chart may be download from the Agency's website.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-1 - Authority and purpose

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Article IX, Sections 2 through 19 of the Oklahoma Constitution, 17 O.S.
				§§
									61 to
				116.9, and
				66 O.S. § 1 et seq. give the Commission the authority and responsibility
				to oversee, regulate, and control railroad companies in Oklahoma, and to enact
				rules and regulations in connection therewith. Pursuant to such constitutional
				and statutory authority, the Commission has adopted this Chapter and fixed the
				following standards for railroads. Any other railroad safety provisions, rules,
				or standards, previously adopted by this Commission, except variances by
				Commission order, to the extent of any conflict, are superseded by this
				Chapter. This Chapter is a compilation of previous Commission railroad safety
				rules and orders. Order No. 33847 as applied to railroads in Oklahoma is
				revoked as of the effective date of this Chapter.
(b) Except as provided in OAC
				165:32-1-2(e),
				any order of the Commission granting relief which would constitute an exemption
				from any provision of this Chapter shall not be superseded by this
				Chapter.
(c) This Chapter is
				intended to provide safety standards for railroads within the State of
				Oklahoma.
(d) To the extent federal
				authority preempts Commission regulation in this Chapter, federal law will
				control.
Added at 12 Ok Reg 2107,
				  eff 7-1-95; Amended at 15 Ok Reg 3053, eff
				  7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-2 - Application and scope of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) This Chapter shall apply to the
				operations of any railroad corporation, as defined by the laws of the State of
				Oklahoma, operating within the State of Oklahoma under the jurisdiction of the
				Commission, and to all persons employed by such corporations and performing
				work in the State of Oklahoma, except in cases where the Commission shall
				otherwise order.
(b) The adoption
				of this Chapter shall in no way preclude the Commission from altering or
				amending it in whole or in part after notice and hearing, or from allowing or
				requiring additional or different service, equipment, facility, or standards
				than are prescribed by this Chapter, either upon complaint or application or
				upon the Commission's own motion. Nothing provided in this Chapter shall
				relieve any railroad from any duty prescribed by the laws of the State of
				Oklahoma.
(c) A railroad may
				prescribe safety rules and regulations not inconsistent with this
				Chapter.
(d) Whenever compliance
				with any provision or requirement of this Chapter would be unduly burdensome,
				or cause an unreasonable hardship or an excessive expense, or result in an
				unusual difficulty, or if other good cause can be shown, the Commission may,
				upon application by the railroad and after notice and hearing, suspend or
				excuse compliance therewith or make such other requirements as it shall deem
				appropriate. For good cause shown, the Commission may grant temporary relief
				pending the hearing. If, after the effective date of this Chapter, a railroad
				seeks an exception or variance from this Chapter, then upon approval by the
				Commission, the variance shall carry the number of the applicable Commission
				order.
(e) In any case where a
				controversy arises in connection with the interpretation of any provisions of
				this Chapter or the applicability thereof, the Commission will make such orders
				as it may deem appropriate upon application of any interested party and after
				notice and hearing.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Commission"
means the Oklahoma Corporation
				  Commission.
"Continuous direction"
means the movement of a
				  locomotive engine or engines, coupled with or without cars, over any public
				  rail highway crossing in any direction and maintaining that direction until the
				  crossing is unoccupied.
"Crossing surface"
means a combination of
				  material such as treated timbers, reinforced concrete panels, and composite or
				  rubber tiles that are combined with rail components such as the flange way and
				  flange filler, to produce a surface that makes it possible for vehicles to
				  cross over the railroad track in comfort and safety.
"Noxious plants"
means poison ivy, poison oak,
				  or poison sumac, at any height or maturity.
"Public crossing"
means a location where the
				  tracks cross a road which is under the jurisdiction of and maintained by a
				  public authority and which is open to public travel.
"Private Crossing"
means a location where a
				  physical crossing is present but the road does not meet the conditions for a
				  public crossing and for which a private crossing agreement may have been
				  entered into between landowner and railroad.
"Rank weeds
" means all vegetation which can
				  conceal or harbor rodents, refuse or vermin.
"Sight rectangle"
means a rectangle which would
				  have a beginning point from the center of the main track and the center point
				  of the grade crossing extending along the center of the street or roadway
				  approach for a distance of fifty feet (50') or to the railroad right-of-way
				  property line, whichever is less, then extend along the property line for a
				  distance of two hundred fifty feet (250') in either direction from the original
				  beginning point.
"Sight triangle"
means a triangle which would
				  have a beginning point from the center point of the main track and the center
				  point of the grade crossing extending along the center of the street or roadway
				  approach for a distance of fifty feet (50') or to the railroad right-of-way
				  property line, whichever is less, then extend at an angle until arriving at a
				  point on the center of the main track two hundred fifty feet (250') from the
				  original beginning point.
"Thickets"
means any dense growth, briar patch,
				  or wild shrubbery having stems or trunks one inch (1") or less in diameter.
"Trash"
means, but is not limited to, refuse,
				  litter, leaves, paper, combustible materials, offal, rubbish, waste, debris,
				  and useless or unused or uncared for matter of all kinds.
Added at 12 Ok Reg 2107,
				  eff 7-1-95; Amended at 15 Ok Reg 3053, eff 7-15-98; Amended at 18 Ok Reg 2414,
				  eff 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-4 - Location and retention of records

Current through Vol. 41, No. 20, July 1, 2024
(a) Any records which may be required to be
				generated or maintained pursuant to provisions in this Chapter, shall be kept
				in the normal course of business, which may include electronic media, within
				Oklahoma at the office or offices of the railroad, and shall be open and
				available for examination by the Commission or its representatives; provided
				that if the general office of the railroad is located outside of Oklahoma, the
				records may be kept in the normal course of business at the general office.
				Upon the Commission's request, each railroad shall identify the location of the
				office or offices at which the various classes of records are kept, and shall
				file with the Commission such reports as the Commission may require.
(b) Unless otherwise specified in this
				Chapter, all records required by this Chapter shall be preserved by the
				railroad in their original form and for a period of time not less than 2
				years.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-6 - Timetables and trackcharts

Current through Vol. 41, No. 20, July 1, 2024
Upon request, railroads shall provide the Commission and the
				  Oklahoma Department of Transportation with train-volume and operating speed
				  data.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-7 - Flammable materials

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Railroads and other persons, firms, or corporations maintaining or operating
				any railroad line, track or facility in the State of Oklahoma shall take all
				reasonable measures necessary to keep under control all flammable materials in
				the immediate areas of their tracks and on their rights-of-way.
(b) If such materials are disposed of by
				burning, the railroad shall take reasonable precautions to prevent the fire
				from spreading to railroad facilities or adjacent properties.
(c) Railroads and other persons, firms, or
				corporations operating any railroad locomotives over tracks within the State of
				Oklahoma shall ensure each locomotive is equipped with an efficient spark
				arrester or other spark deterrent system.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-8 - Blocking crossings

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Every railroad shall be operated in such a manner as to minimize obstruction of
				emergency vehicles at public highway grade crossings.
(b) Any state, county or municipal entity may
				file a Transportation Docket (TD) cause application, conforming to the
				procedural requirements of OAC 165:5, requesting an order from the Commission
				requiring a separation of grade at a crossing based on blockages that affect
				public safety. Such applications must include an engineering and budget
				proposal and assignment of costs. The assignment of cost must be reasonable and
				must include supporting justification for such assignment. If the budget
				proposal is part of a federal-aid project, railroad contributions requested in
				the application shall not exceed federal regulatory requirements unless by
				agreement.
Added at 12 Ok Reg 2107,
				  eff 7-1-95; Amended at 18 Ok Reg 2414, eff
				  7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-9 - Notice of accidents

Current through Vol. 41, No. 20, July 1, 2024
A true and correct copy of all accident/incident reports
				  pertaining to accidents/incidents occurring within the State of Oklahoma, which
				  are prepared for the Federal Railroad Administration pursuant to 49 CFR Section
				  225 et seq. shall be submitted to the Commission in a timely
				  manner.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-10 - Fences

Current through Vol. 41, No. 20, July 1, 2024
(a) A property
				owner owning land adjacent to a railroad track in the State of Oklahoma may
				make application for a lawful fence on a form provided by the Commission, which
				application shall include the following:
(1)
				Signature of property owner.
(2)
				General description of property, by Section, Township and Range, if
				possible.
(3) Description of the
				property line or portion thereof to be fenced, including measurements or
				railroad mile pole locations, if known.
(4) Statement as to whether all other sides
				of the property owned by the landowner are fenced and capable of retaining
				livestock.
(5) Statement as to
				whether livestock is being raised on the property to be fenced, and if so,
				whether for commercial or personal purposes.
(6) Attached to the application shall be a
				copy of written communication transmitted on behalf of the landowner to the
				railroad requesting the railroad to furnish the landowner a lawful
				fence.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-11 - Weed and trash abatement

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Railroads or other persons, firms or corporations operating a railroad company
				are responsible for the reasonable abatement of all rank weeds, noxious plants,
				thickets and trash, as defined in this Subchapter, along their rights-of-way
				and at crossings within a sight rectangle within the boundaries of any city or
				town or unincorporated community in Oklahoma.
(b) Railroads or other persons, firms or
				corporations operating a railroad company are responsible for the reasonable
				abatement at public crossings of trees, shrubs and other obstructions within or
				encroaching within a sight triangle. Upon request of the Commission, the sight
				triangle may be extended to a sight rectangle if it is determined necessary for
				proper sight distance at the crossing. Devices, signs or structures necessary
				for the operation of the railroad and railroad equipment in the process of
				loading, unloading or switching are not considered obstructions.
(c) This responsibility exists as long as the
				railroad or other person, firm, or corporation operating as a railroad company,
				is the legal owner of the right-of-way, even if operations have ceased, and/or
				the tracks and facilities have been removed. Abatement must begin upon
				notification received from the Commission.
Added at 12 Ok Reg 2107,
				  eff 7-1-95; Amended at 15 Ok Reg 3053, eff
				  7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-12 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
Upon violation of any of the regulations contained in this
				  Chapter, per Title 17 O.S. §
									1,
				  the responsible party shall be assessed a fine in an amount up to five hundred
				  dollars ($500.00) per day per violation by the Commission unless otherwise
				  specified by law.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 1 - General Provisions › Section 165:32-1-13 - Commission enforcement of blocked crossing citations

Current through Vol. 41, No. 20, July 1, 2024
(a) If a municipality, county sheriff or the
				Oklahoma Highway Patrol issues a citation under the authority of Title 66 O.S.
				§
									190, and seeks enforcement of a
				penalty by the Commission, the issuing party shall file an enforcement action
				("EN") with the Commission's Court Clerk. Such actions shall comply with the
				Commission's Rules of Practice (OAC
				165:5-19-1 ).
(b) Notice and service requirements shall
				generally conform to the Commission's Rules of Practice (OAC
				165:5-19-1 ), except that service
				of the verified complaint and citation for contempt shall be made by either
				personal delivery by a sheriff or deputy sheriff, or a person licensed to make
				service of process in the State of Oklahoma, or by mailing a copy of the
				verified complaint and contempt citation by certified mail, return receipt
				requested and delivery restricted to the respondent.
(c) If an EN is filed under the provisions of
				this subsection, the verified complaint and contempt citation shall be
				delivered to the legal counsel for the Commission's Transportation Division, in
				addition to any respondents.
(d)
				Any EN filed under the provisions of this subsection shall be exempt from
				Commission Court Clerk filing fees pursuant to Title 12 O.S. §
									66.
(e) Any EN filed pursuant to Title
				66 O.S. §
									190 shall include train
				identification information and a copy of the citation issued by the
				municipality, county sheriff or the Oklahoma Highway Patrol attached as an
				exhibit to the initial filing.
(f)
				Any EN initiated under the provisions of this section must be filed within one
				(1) calendar year from the date of the alleged violation. Any untimely filed
				actions shall be dismissed.
(g)
				Exceptions to the recommendations of an administrative law judge may heard by
				the Commission sitting enbanc, pursuant to OAC
				165:5-13-5.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 3 - Railroad Grade Crossings › Section 165:32-3-2 - General provisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Specifications.
After the effective date of this Chapter,
				railroads shall install 12 inch signal heads during new or upgrade construction
				of crossing warning devices.
(b)
Crossbucks.
Railroads shall install and maintain one crossbuck on
				each roadway approach which complies with the minimum standards of the Manual
				on Uniform Traffic Control Devices ("MUTCD") for highway crossing crossbuck
				signs.
(c)
Private crossings
				exempt.
Private crossings are exempt from the regulations contained in
				this Subchapter.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 3 - Railroad Grade Crossings › Section 165:32-3-3 - Changes in existing crossing warning devices

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice.
No change, except in
				case of emergencies, shall be made in existing crossing warning devices at any
				grade crossing unless and until due notice thereof is given in writing to the
				Commission and the written approval of the Commission is obtained where such
				approval is required by this Section. This Section shall not apply to the
				erection of additional signs, consistent with Commission rules or Orders, nor
				prevent a railroad from making changes in circuits to accommodate changes, but
				cannot be reduced.
(b)
Exceptions.
Changes in the existing crossing warning devices may
				be made without specific authority first having been obtained, provided written
				communication identifying the location, extent and permanent or temporary
				nature of the changes is given to the Commission, if the changes consist of any
				of the following:
(1) Extending the hours of
				a flagman.
(2) Installing bells or
				additional light units on flashing light signals, or additional units to meet
				special conditions at crossings where flashing light signals are already
				established.
(3) Establishing new
				or additional lighting, either by flood light or by new or additional lamps
				placed on gates, signs or other warning equipment.
(4) Removal of any sign not provided for in
				the Manual For Uniform Traffic Control Devices (MUTCD) or required by order of
				the Commission.
(5) A temporary
				change, such as one made necessary by highway reconstruction work in progress,
				or the like.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 3 - Railroad Grade Crossings › Section 165:32-3-4 - Removal of crossing installations

Current through Vol. 41, No. 20, July 1, 2024
(a) Within one hundred twenty (120) days
				after removal of track which was formerly contiguous to a crossing, railroads
				are required to also remove the crossing surface which is unneeded, and replace
				the excavated area, matching width, grade and materials, to repair the existing
				roadway, making it contiguous.
(b)
				Railroads are required to remove signal installations deemed not salvageable by
				the Oklahoma Department of Transportation, on abandoned rail lines, not more
				than one hundred twenty (120) days after the crossing surface(s) are
				removed.
(c) Railroads shall
				relocate existing warning devices (passive or active) to a distance no less
				than twelve feet (12') and no greater than twenty feet (20') from the remaining
				railroad crossing surface(s). Said work to be completed not more than one
				hundred twenty (120) days after the track(s) or crossing surface(s) are
				removed.
(d) If, upon notice and
				hearing, the Commission finds rail access to be cut on both sides of a public
				crossing, or the crossing cannot be physically utilized for rail service, the
				Commission may order the rails to be removed within the crossing by the
				railroad or other property owner and the crossing to be resurfaced in
				conformity with (a) of this subsection. This subsection shall, in no way,
				affect the easement rights of the crossing property owner.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 3 - Railroad Grade Crossings › Section 165:32-3-6 - Notice of closure or detour

Current through Vol. 41, No. 20, July 1, 2024
Railroads shall notify by regular or electronic mail the
				  entity having roadway maintenance jurisdiction (City, County or State), no less
				  than seven (7) calendar days in advance of closing or detouring any roadway for
				  railroad maintenance or construction, unless an emergency exists.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 3 - Railroad Grade Crossings › Section 165:32-3-7 - AAR/DOT numbers

Current through Vol. 41, No. 20, July 1, 2024
Railroads shall display the proper American Association of
				  Railroads/Federal Department of Transportation (AAR/DOT) number at every
				  railroad overpass, underpass, and at-grade crossing.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 3 - Railroad Grade Crossings › Section 165:32-3-8 - Crossing surface quality

Current through Vol. 41, No. 20, July 1, 2024
(a)
				A railroad or other persons, firms, or corporations operating a line of
				railroad within the State of Oklahoma shall maintain public grade level
				crossings, in reasonably smooth condition, unobstructed and in good condition
				pursuant to the United States Department of Transportation Railroad-Highway
				Grade Crossing Handbook. Such maintenance shall include all surfaces between
				the rails and three feet (3') on either side of the outer-most rail in the
				crossing surface; or two feet (2') on either side of the outer-most rail if the
				crossing is located within the limits of a municipality. To be considered
				reasonably smooth, unobstructed and in good condition the surface must conform
				to the following list of non-exclusive requirements and conditions:
(1) Any crossing panels having material
				damages greater than two inches (2") in depth must be replaced.
(2) Concrete, composite or rubber crossing
				panels with loose components rising above the roadway surface must receive
				temporary repair within seventy-two (72) hours and be replaced within thirty
				(30) days from the date and time of notice.
(3) Timber crossing panels with loose
				components rising above the roadway surface must be repaired within seventy-two
				(72) hours after receiving notice of the condition.
(4) Partial asphalt cover on existing
				crossing surfaces will be considered a temporary repair.
(5) Crossing panels that receive temporary
				asphalt repairs must be replaced within ninety (90) days of original placement
				of asphalt.
(6) Crossing panels
				shall be stable and adequately lagged to the underlying railroad at all times.
(7) The roadway surface will be in
				the same plane as the tops of the rails for a distance of at least three feet
				(3') beyond the rails for either single or multiple track crossings where
				practical.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
" AREA AREMA Manual"
means , the American
				  Railway Engineering and Maintenance-of-Way Association 's Manual.
"MUTCD"
means, the Manual on Uniform Traffic
				  Control Devices, which is the Federal Highway Administration ("FHWA") standard
				  for signs, signals and pavement markings in the U.S.
"Track clearance"
means , the shortest
				  horizontal distance between the center lines of adjacent
				  tracks.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-2 - Applicability to existing structures

Current through Vol. 41, No. 20, July 1, 2024
All structures, operating appurtenances, pole lines, service
				  facilities, and track arrangements existing on the effective date of this
				  Chapter shall be exempt from these regulations except as may be provided in
				  this Subchapter.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-3 - Incorporation of AREMA Manual provisions

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter adopts and incorporates by reference all of
				  the provisions and standards pertaining to clearances, as are currently
				  published in the AREMA Manual, or as may be amended from time to
				  time.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-6 - Platforms

Current through Vol. 41, No. 20, July 1, 2024
(a)
Combination platforms.
Platforms may be combined, provided that
				the lower platform presents a level surface to the face of the wall of the
				platform with which it is combined. No other combinations will be
				permitted.
(b)
Platform
				extensions.
Platforms which were constructed at the prevailing
				clearances, prior to the effective date of this Chapter, may be extended at
				those existing clearances.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-7 - Interlockers and switch boxes

Current through Vol. 41, No. 20, July 1, 2024
Switch boxes, switch operating mechanisms necessary for the
				  control and operation of signals, and interlockers projecting 4 inches or less
				  above top of rail, shall each have side clearances of no less than 3
				  feet.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-9 - Signals, signal poles and switch stands

Current through Vol. 41, No. 20, July 1, 2024
(a)
Signals and switch stands 3 feet
				high or less.
Side clearances at signals and switch stands shall be 6
				feet when said signals and switch stands are 3 feet high, or less, above top of
				rail when located between tracks, or where not practical to provide clearances
				otherwise prescribed in this Subchapter.
(b)
Signals, signal poles and switch
				stands over 3 feet.
Signals, signal poles and switch stands which stand
				higher than 3 feet above top of rail shall have all the portions thereof, which
				exceed higher than 4 feet above top of rail and less than 16 feet above top of
				rail, be located no less than 8 feet 6 inches from center of track. Those
				portions below 4 feet and over 16 feet shall not exceed the minimum clearances
				described above.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-10 - Track clearances

Current through Vol. 41, No. 20, July 1, 2024
(a)
Standard gauge railroad tracks.
The minimum distance between the
				center line of parallel standard gauge railroad tracks, which are used or
				proposed to be used for transporting freight cars, shall be 14 feet.
(b)
Main and subsidiary tracks.
The minimum distance between the center line of two parallel main tracks or
				passing tracks shall be 14 feet. When another track is constructed adjacent to
				a passing track the clearance may be no less than 14 feet.
(c)
Parallel team, house or industry
				tracks.
The minimum clearances between center lines of parallel team,
				house or industry tracks shall be 13 feet.
(d)
Ladder tracks.
The minimum
				clearance between center lines of ladder track and any parallel track except
				another ladder track, shall be 17 feet, and the minimum clearance between
				center lines of ladder track and another parallel ladder track shall be 20
				feet.
(e)
Existing
				tracks.
Existing tracks may be extended at the clearances prevailing
				prior to the effective date of this Chapter.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-11 - Changes

Current through Vol. 41, No. 20, July 1, 2024
No change in track location or elevation shall be made which
				  will reduce existing vertical or horizontal structural clearance below the
				  minimums specified in this Subchapter, except where tracks are constructed as
				  part of the existing facility, and in such cases the clearance shall conform to
				  existing conditions.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-13 - Partial replacements

Current through Vol. 41, No. 20, July 1, 2024
Where existing structure provide clearance less than the
				  standards which are specified in this Subchapter, the portion of the structure
				  producing the impaired clearance may be repaired or maintained by partial
				  replacements, which shall in no case reduce the existing
				  clearance.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-14 - Rebuilds

Current through Vol. 41, No. 20, July 1, 2024
When the owner shall replace in its entirety, a portion of a
				  structure which has not previously provided standard clearance, the rebuilt
				  portion must, when complete, provide the full standard clearance as provided by
				  this Subchapter, unless otherwise ordered by the Commission.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-15 - Emergencies

Current through Vol. 41, No. 20, July 1, 2024
No restricted clearances set forth herein, shall apply to
				  shoo-fly tracks or other temporary emergency conditions caused by derailments,
				  washout, slides or other unavoidable disasters.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-17 - Construction materials

Current through Vol. 41, No. 20, July 1, 2024
No restricted clearances set out herein shall apply to
				  ballast, track material, or construction material unloaded on and adjacent to
				  tracks for contemplated use thereon or in the immediate vicinity, nor shall
				  they apply to temporary construction necessary on any construction
				  project.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 32 - Railroads › Subchapter 5 - Track Clearances › Section 165:32-5-18 - Exemptions

Current through Vol. 41, No. 20, July 1, 2024
Exemptions from any of the requirements contained in this
				  Subchapter will be considered by the Commission upon proper application from a
				  carrier, industry representative, or other interested person. The application
				  must be accompanied by a full statement of the conditions existing, and the
				  reason(s) why such exemption is being requested. Any exemption so granted shall
				  be limited to the particular case covered by the application.
Added at 12 Ok Reg 2107,
				  eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 1 - General Provisions › Section 165:35-1-1 - Purpose, authority, and scope

Current through Vol. 41, No. 20, July 1, 2024
(a) The Electric Utilities rules and
				regulations of this Chapter were adopted by the Oklahoma Corporation Commission
				by virtue of Article IX, Section 18 et seq., of the Oklahoma Constitution and
				sundry enactments of the Oklahoma Legislature, which give the Commission the
				authority and responsibility to supervise, regulate, and control electric
				utilities in Oklahoma, and to enact rules and regulations in connection
				therewith.
(b) Pursuant to such
				statutory authority, the Commission has adopted this Chapter and fixed the
				following standards for electric utilities, to become effective upon
				publication as required by Article IX, Section 18 of the Oklahoma Constitution.
				General Order Nos. 689, 755, 2072, 16061, 13336, 104932, 109443, 110178,
				135207, 147 ,881, 179618, 179219, and 186936 as applied to electric utilities
				in Oklahoma are revoked as of the effective date hereof. Service provisions,
				rules, standards, and/or terms and conditions of service of electric utilities
				in Oklahoma, which have been approved by and filed with the Commission by the
				electric utilities to the extent of any conflict, are superseded by this
				Chapter.
(c) No tariff, special
				contract, agreement, rule, or terms and condition of service shall be filed
				with the Commission by electric utilities, after the effective date of this
				Chapter, which is in conflict with this Chapter except as provided for in
				OAC165:35-1-3(f).
(d) Except as provided in OAC
				165:35-1-3,
				any order of the Commission granting relief which would constitute an exemption
				from any provision of this Chapter shall not be superseded by this
				Chapter.