Section 622.250

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 622

Effective - 28 Aug 1996   

  622.250.  Division's authority of general supervision, duty to examine and be informed — authority to inspect property and facilities — authority to examine documents. — 1.  The division shall have the general supervision of all common carriers and shall examine the same and keep informed as to the safety, adequacy, and security afforded by their service, and their compliance with all provisions of law, orders and decisions of the division.

  2.  The division may, through its authorized inspectors or employees, enter in and upon and inspect the property, equipment, tracks and facilities of any common carrier, and may for such inspection purposes ride upon any locomotive or train while in service, and for good cause shown may have upon reasonable notice the use of an inspection locomotive, special locomotive, inspection car or high-rail vehicle for a physical inspection.

  3.  The division and each administrative law judge may examine all books, contracts, records, documents and papers of any person or corporation subject to its supervision, which are pertinent to the exercise of the division's authority pursuant to this chapter or chapters 387, 388, 389, 390 and 391, upon notice given by any administrative law judge or employee of the division, and the person so notified shall allow access to these records by the administrative law judge and any authorized employee of the division.  After the division has given notice, if the person shall fail or refuse to allow access in accordance with this section, the division may by subpoena duces tecum compel production thereof.  In lieu of requiring production of originals by subpoena duces tecum, the division or any administrative law judge may require sworn copies of any such books, records, documents, contracts and papers or parts thereof to be filed with it.

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(L. 1996 S.B. 780)