Petition Procedures Sample Clauses

Petition Procedures. ‌ If the LPA can reach agreement with the railroad concerning the type of warning device needed and the division of cost for an existing crossing, it may not be necessary to hold a formal hearing before ICC. If the LPA cannot reach an agreement with the railroad, a formal hearing must be held before ICC. Either the LPA or the railroad may submit a petition requesting a hearing to ICC. Application forms are available from ICC. The petition should state the location of the crossing(s) involved, the improvements desired (including the reasons why the improvements are necessary), and that amount of financial assistance requested, if applicable. When filing a petition with ICC, also provide a copy of the petition to the railroad or LPA and IDOT. Upon receipt and review of the petition, ICC will send out a notice of the date, time, and place of the hearing to all parties involved. The hearings are conducted in a manner similar to that of a court trial, but on a more informal basis. During the hearing, each party will have the opportunity to express their concerns regarding the proposed safety improvement. The petitioner should present all pertinent information relative to the physical characteristics of the highway and approaches near the crossing and surrounding area. Data should be presented depicting existing and projected vehicular traffic on the crossing. The petitioner should present evidence showing why the improvements are needed. Information regarding the roadway work should be presented if there will be a highway project in connection with the crossing improvement. Typically, the railroad company involved will have a representative present who can testify with regard to train traffic and the estimated cost of warning devices and/or crossing surface work. However, it is advised that the LPA have some knowledge of this information prior to the hearing. While it is not required, the parties may choose to have an attorney present to provide assistance at the hearing. ICC issues an order based on findings made from evidence presented at the hearing. The order includes a description of the work to be performed, the parties responsible for ensuring that the work is performed, the division of cost between affected parties, and the date by which all work should be completed. In contested cases, ICC issues a proposed order where all affected parties are given an opportunity to comment within a specified time frame, usually two weeks, before the final order is is...
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Related to Petition Procedures

  • Notification Procedures To address non-compliance, the receiving Competent Authority would notify the providing Competent Authority pursuant to Article 5 of the IGA. The notification procedures would differ depending upon whether the receiving Competent Authority seeks to address administrative or other minor errors or significant non-compliance.

  • Selection Procedures In selecting the Loan Assets to be Pledged pursuant to this Agreement, no selection procedures were employed which are intended to be adverse to the interests of the Lenders.

  • Application Procedures a) An employee applies for a listing on the system-wide registry through the employee’s Human Resources Department by completing the form in Appendix B.

  • NEGOTIATION PROCEDURES A. It is contemplated that matters not specifically covered by this agreement but of common concern to the parties shall be subject to professional negotiations between them from time to time during the period of this agreement, upon request by either party to the other. The parties undertake to cooperate in arranging meetings within 30 days of receipt of notice, setting forth generally the subject not specifically covered, selecting representatives for such discussions, furnishing necessary information and otherwise constructively considering and resolving any such matters.

  • Induction Procedures a) The parties to this Agreement acknowledge that it is in the interests of the industry that all new employees and employers on a building project understand their obligations to this Agreement and are introduced to their jobs in a manner which will help them work safely and efficiently.

  • Arbitration Procedures In the event that the employee and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein:

  • Election Procedures Each holder of record of shares of Company Common Stock (“Holder”) shall have the right, subject to the limitations set forth in this Article II, to submit an election in accordance with the following procedures:

  • Mitigation Procedures The MCP agrees to coordinate with ODM to determine specific actions that will be required of the Business Associates for mitigation, to the extent practical, of the breach. These actions will include notification to the appropriate individuals, entities, or other authorities. Notification or communication to any media outlet shall be approved, in writing, by ODM prior to any such communication being released. The MCP shall report all of its mitigation activity to ODM and shall preserve all relevant records and evidence.

  • TERMINATION PROCEDURES The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.

  • Evaluation Procedures 7.2.1 Evaluation procedures designed to fairly and adequately assess performance of full- time faculty employees shall be established and reviewed annually by the Vice President, after consultation with appropriate faculty groups at divisional/departmental meetings for their recommendations.

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