Chapter RR 1

RR 1.12(2) (2) Written requests for copies of office records shall be addressed to the commissioner or to the legal custodian of records.

RR 1.12(3) (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.

RR 1.12 Note 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.

RR 1.12(4) (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.

RR 1.12 History 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.

RR 1.13 RR 1.13 Environmental review.

RR 1.13(1) (1) Approval of construction of major railroad facilities shall be screened using a screening worksheet to determine whether an environmental impact statement is required.

RR 1.13(2) (2) The following types of office actions shall not require an environmental impact statement:

RR 1.13(2)(a) (a) Orders relating to railroad-highway crossings.

RR 1.13(2)(b) (b) Approval of spur track abandonment.

RR 1.13(2)(c) (c) Granting of applications by water carriers.

RR 1.13(2)(d) (d) Granting exemptions for vertical and horizontal clearances.

RR 1.13(3) (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.

RR 1.13(4) (4) The procedure for an environmental screening shall be that outlined in ch. PSC 4.

RR 1.13(5) (5) If an environmental impact statement is required, it shall be prepared in the manner outlined in ch. PSC 4.

RR 1.13 History 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.

RR 1.14 RR 1.14 Proposed decision.

RR 1.14(1) (1) Form. Each proposed decision issued by a hearing examiner shall be in writing, with a title identifying the matter and the docket number.

RR 1.14(2) (2) Content. Each proposed decision shall include all of the following:

RR 1.14(2)(a) (a) Specific proposed findings of fact.

RR 1.14(2)(b) (b) Proposed ultimate conclusion on each material issue.

RR 1.14(2)(c) (c) Proposed conclusions of law.

RR 1.14(2)(d) (d) A proposed order setting out the duties of each party, including deadlines for work or installations required, and an apportionment of costs.

RR 1.14 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.

RR 1.15 RR 1.15 Final decision.

RR 1.15(1) (1) Form. Each final decision issued by a hearing examiner shall be in writing, with a title identifying the matter and the docket number.

RR 1.15(2) (2) Content. Each final decision shall include all of the following:

RR 1.15(2)(a) (a) Specific findings of fact.

RR 1.15(2)(b) (b) Ultimate conclusion on each material issue.

RR 1.15(2)(c) (c) Conclusions of law.

RR 1.15(2)(d) (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.

RR 1.15(3) (3) Final decision by examiner.

RR 1.15(3)(a) (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.

RR 1.15(3)(b) (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.

RR 1.15 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.