Iowa Admin. Code r. 199-42.18

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 199-42.18 - Complaints and petitions for relief

(1)Complaints. A railroad or public utility that has a complaint regarding any of the issues identified in Iowa Code section 476.27(2) that cannot be resolved without intervention by the commission may file a complaint with the commission.

(2)Petitions for relief. A railroad or public utility that believes special circumstances exist for a particular crossing pursuant to Iowa Code section 476.27(4) may file a petition for relief with the commission if the railroad and the public utility have been unable to resolve their differences without intervention by the commission.

(3)Information to be filed. The written complaint or petition should include the following information:

a. The name, address, telephone number, and contact person for the complainant or petitioner and the complainant's or petitioner's attorney, if any;

b. The basis for the commission's jurisdiction over the matter;

c. A statement of the complainant's or petitioner's position and a detailed discussion of the facts that support the complainant's or petitioner's position, including a description of the issues involved, why special circumstances exist for the particular crossing, the resolution or relief requested, and the facts supporting the resolution or relief requested;

d. The particular provisions of the statutes and rules involved;

e. A description of the attempts made to informally resolve the issues involved in the complaint or petition;

f. All documentation relied on to support the facts alleged in the complaint or petition and the requested resolution or relief; and

g. The name, address, telephone number, contact person and attorney, if any, for the other railroad or public utility involved and a statement that the complaint or petition was served on the other railroad or public utility involved and the consumer advocate, the method of service, and the date served.

(4)Electronic filing required. Complaints and petitions for relief shall be filed in the commission's electronic filing system as described in 199-Chapter 14.

(5)Expedited timeline. The commission recognizes that the parties will ordinarily require a swift decision. Therefore, the shortened time limits applicable to expedited proceedings in 199-Chapter 7 shall apply to contested cases brought under this chapter.

Iowa Admin. Code r. 199-42.18

Adopted by IAB October 16, 2024/Volume XLVII, Number 7, effective 11/20/2024