Iowa Code § 327C.1
Definition
As used in this chapter, unless the context otherwise requires, “department” means the department of transportation.
Iowa Code Chapter 327C — Supervision of Carriers
Iowa · statute · Iowa Code ch. 327C · 37 active provisions
Provisions
Iowa Code § 327C.2
General jurisdiction of department
The department has general supervision of all railroads in the state, express companies, car companies, freight and freight-line companies, motor carriers, and any common carrier engaged in the transportation of passengers or freight. However, the provisions of this chapter regarding the supervision of carriers do not…
Iowa Code § 327C.3
Removal of interfering lights
The department is hereby vested with authority to order the removal or alteration of any lights erected for illuminating purposes, whether on public or private property, when such lights interfere with the easy observation of railroad signals by those engaged in the operation of railroad trains or equipment.
Iowa Code § 327C.4
Inspection — notice to repair
The department shall inspect the condition of each railroad’s rail track, and may inspect the condition of each railroad’s rail facilities, equipment, rolling stock, operations and pertinent records at reasonable times and in a reasonable manner to insure proper operations. Employees of the department shall have proper…
Iowa Code § 327C.5
Schedule violations — penalties
Violations of the provisions of this chapter and chapters 327D through 327G shall be punished as a schedule “one” penalty unless otherwise indicated. Violations of a continuing nature shall constitute a separate offense for each violation unless otherwise provided. The schedule of violations shall be: 1. “Schedule one”…
Iowa Code § 327C.6
Changes in operation and improvements
When, in the judgment of the department, any railroad corporation fails in any respect to comply with the laws of the state; or if any railroad corporation fails to operate its railroad and business in a reasonable and expedient manner which is safe and convenient to the public, the department may order such changes as…
Iowa Code § 327C.7
Withdrawal of service
It shall be unlawful for any railroad corporation owning or operating any railroad in this state, to withdraw agency service, unless it shall first have filed notice of its intention with the department and otherwise complied with the provisions of this section and sections 327C.8 and 327C.9. Upon the receipt of such n…
Iowa Code § 327C.8
Objections hearing
A person directly affected by the proposed discontinuance of an agency may file written objections with the department stating the grounds for the objections, within fifteen days from the time of the publication of the notice as provided in section 327C.7. Upon the filing of objections the department shall request the…
Iowa Code § 327C.9
Order of department
Upon said hearing the department may prohibit the discontinuance of such agency or may make such other order as is warranted by the evidence produced at such hearing. But if no objections are filed the department may make an order permitting the railroad corporation to proceed with such discontinuance.
Iowa Code § 327C.10
Investigation and inquiry
The department may investigate and inquire into the management of all common carriers subject to its jurisdiction. The department may obtain from the carriers full and complete information necessary to enable the department to perform its duties including the administration of railroad assistance agreements. The depart…
Iowa Code § 327C.12
Aid from courts
The department or the department of inspections, appeals, and licensing may invoke the aid of any court of record in the state in requiring the attendance and testimony of witnesses and the production of books, papers, tariff schedules, agreements, and other documents. If a person refuses to obey a subpoena or other pr…
Iowa Code § 327C.13
Hindering or obstructing department
Any person who shall willfully obstruct the department in the performance of their duties, or who shall refuse to give any information within that person’s possession that may be required by the department within the line of their duty, shall, upon conviction, be subject to a schedule “two” penalty.
Iowa Code § 327C.14
Cumulative remedies
Nothing in this chapter or chapter 327D shall be construed to estop or hinder any persons from bringing action against any railway corporation for any violation of the laws of the state.
Iowa Code § 327C.16
Mandatory injunction — contempt
It shall be the duty of the court in which any such cause shall be pending to require the issue to be made up within twenty days after commencement of the action and to give the same precedence over other civil business. If the court shall find that such rule, regulation, or order is reasonable and just, and that in re…
Iowa Code § 327C.17
Penalty
If a railroad fails or refuses to comply with a rule or order made by the state department of transportation or the department of inspections, appeals, and licensing within the time specified, the railroad is, for each day of such failure, subject to a schedule “two” penalty.
Iowa Code § 327C.18
Time may be extended to test legality
The time for the taking effect of any rule, order, or regulation affecting public rights, made by the department, may, in its discretion, be extended; and said extension of time may be granted for the purpose of testing the legality thereof, upon application by any such aggrieved railroad, showing reasonable grounds th…
Iowa Code § 327C.19
Review
1. A decision of the department of inspections, appeals, and licensing is subject to review by the state department of transportation. 2. Judicial review of the actions of the state department of transportation may be sought in accordance with chapter 17A.
Iowa Code § 327C.20
Remitting penalty
If a common carrier fails in a judicial review proceeding to secure a vacation of the order objected to, it may apply to the court in which the review proceeding is finally adjudicated for an order remitting the penalty which has accrued during the review proceeding. Upon a satisfactory showing that the petition for ju…
Iowa Code § 327C.21
Costs attorney fees
When a decree is entered against a railroad corporation or person under sections 327C.16 through 327C.20, the court shall render judgment for costs, and attorney fees for counsel representing the state.
Iowa Code § 327C.22
Interstate freight rates
The department shall exercise constant diligence to ascertain the rates, charges, rules, and practices of common carriers operating in this state, in relation to the transportation of freight in interstate business. When it shall ascertain from any source or have reasonable grounds to believe that the rates charged on…
Iowa Code § 327C.23
Application to surface transportation board
When any common carrier has put in force any rates, rules, or practices in relation to interstate freight business, in violation of the laws of the United States regulating commerce, or of the orders, rules, or regulations of the surface transportation board, or shall unjustly discriminate against any of the citizens,…
Iowa Code § 327C.24
Choice of remedies
Any person claiming damages from a common carrier on account of any violation of the provisions of chapter 327D may either make complaint to the department, or may bring action on the person’s behalf for the recovery of such damages; but the person shall not have the right to pursue both of said remedies at the same ti…
Iowa Code § 327C.25
Complaints
A person may file with the department a petition setting forth any particular in which a common carrier has violated the law to which it is subject and the amount of damages sustained by reason of the violation. The department shall furnish a copy of the complaint to the carrier against which a complaint is filed. The…
Iowa Code § 327C.26
Reports
When a hearing has been held before the department of inspections, appeals, and licensing after notice, it shall make a report in writing setting forth the findings of fact and its conclusions together with its recommendations as to what reparation, if any, the offending carrier shall make to a party who has suffered d…
Iowa Code § 327C.27
Orders — compliance
When the department finds as the result of any investigation or hearing that a common carrier has violated or is violating any of the provisions of law to which it is subject, or that any complainant or other person has sustained damages by reason of such violation, the department shall order such carrier to cease such…
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