§ 23-12-1008 - Unlawful delay -- Action on complaint.
23-12-1008. Unlawful delay -- Action on complaint.
(a) (1) (A) Prior to any request by a state, municipal, or county official for sanctions against a railroad company for violation of this section and 23-12-1006 and 23-12-1007, the state, municipal, or county official shall state the claim or complaint in writing, by certified mail, to the registered agent of the railroad company in question.
(B) (i) Within forty-five (45) days after the receipt of the written claim or complaint by the railroad company, the railroad company shall respond to the claim or complaint stating with specificity the reasons for obstructing a crossing for an unlawful period of time.
(ii) This response shall be in writing to the complaining official by certified mail.
(2) (A) In the event the issue is not then resolved to the satisfaction of the complaining official, the official shall notify the State Highway Commission in writing and shall enclose a copy of the complaint and response.
(B) (i) Within sixty (60) days after receipt of the notice, the commission shall hold a hearing on the complaint.
(ii) Notice of the hearing shall be given the railroad and the complainant at least twenty (20) days before the hearing.
(C) The commission or its designated representative, after an appropriate notice and hearing on the complaint, shall determine whether the obstruction was for an unlawful period of time under the circumstances.
(3) (A) If the commission makes such a finding of unlawful delay based on information presented at a hearing before the commission or before its designated representative, the railroad company charged with the violation shall be subject to a penalty to be imposed by the commission of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) per occurrence.
(B) (i) The decision of the commission may be appealed to the circuit court of the county in which the violation occurred at any time within thirty (30) days after the decision is rendered.
(ii) Provided, the decision of the commission shall be final unless appealed as authorized herein.
(b) After the initial ten-minute period or such other period as may be prescribed by regulation of the commission, each ten-minute period or other period as may be prescribed by regulation of the commission that the crossing is obstructed by a standing train shall constitute a separate offense, and penalties may be imposed accordingly.
(c) (1) If the crossing where a violation occurs is located within the boundaries of a city or town, one-half (1/2) of the moneys recovered under the provisions of this section and 23-12-1006 and 23-12-1007 shall be placed in the general fund or street fund of the municipality and one-half (1/2) of the funds shall be placed in the State Highway and Transportation Department Fund.
(2) All other moneys recovered under the provisions of this section shall be divided equally between the State Highway and Transportation Department Fund and the general road fund of the county in which the violation occurred.