Wisconsin Administrative Code Office of the Commissioner of Railroads

Wisconsin Administrative Code — Office of the Commissioner of Railroads (OCR)

Overview

The Office of the Commissioner of Railroads (OCR) is a specialized state agency in Wisconsin responsible for regulating rail transportation within the state. Its primary mission is to ensure safe, efficient, and economically viable rail services, while balancing the interests of railroads, communities, and other stakeholders.

The OCR’s powers come from state statutes, principally Wis. Stat. ch. 195, and its administrative rules are codified in the Wisconsin Administrative Code.

Core Responsibilities

Railroad Safety and Operation Regulation: The OCR oversees railroad construction, operation, and maintenance, including track conditions, crossings, and signaling.

Railroad Rate and Service Regulation: The agency reviews and regulates rail freight rates and services, particularly to prevent unreasonable discrimination or monopoly practices.

Railroad Line Abandonment and Construction: The OCR reviews proposals for constructing new rail lines, modifying existing lines, or abandoning rail service. It ensures that public interests, including economic and transportation needs, are considered.

Railroad Crossing Safety: The OCR has authority over the installation, improvement, and maintenance of highway-railroad crossings to ensure safety for motorists and pedestrians.

Mediation and Dispute Resolution: The OCR mediates disputes between railroads and shippers, communities, or other stakeholders.

Regulatory Authority under the Wisconsin Administrative Code

The OCR’s rules in the Wisconsin Administrative Code govern the procedures for filing petitions, conducting hearings, and making decisions on various rail-related matters. These rules provide guidance on:

Application Requirements: Information and documentation required for petitions concerning railroad construction, abandonment, or crossing improvements.

Public Notice and Participation: Procedures for notifying affected parties and allowing public input.

Hearings and Appeals: Protocols for conducting formal hearings, including evidentiary standards and appeals processes.

Enforcement: Authority to enforce compliance with orders and impose penalties for violations.

Important Wisconsin Statutes Governing the OCR

Wis. Stat. § 195.02 — Grants the OCR jurisdiction over railroads and authorizes it to regulate construction, operation, and safety.

Wis. Stat. § 195.06 — Details procedures and standards for rail line abandonment.

Wis. Stat. § 195.13 — Provides authority for the OCR to order improvements at railroad crossings.

Relevant Case Law

While there is a limited body of case law directly addressing the OCR, some Wisconsin court decisions highlight the agency’s role and its interaction with railroads and affected parties:

1. Railroad Commission v. Town of Middleton (Hypothetical Example)

In this case, the Wisconsin Court of Appeals upheld the OCR’s decision to approve a rail line abandonment, noting that the OCR properly considered economic impact and public convenience. The court emphasized that the OCR’s expertise in balancing interests of the railroad and the public is entitled to deference unless arbitrary or capricious.

2. Wisconsin Central Ltd. v. OCR (Hypothetical Example)

This case involved a dispute over the OCR’s imposition of safety improvements at a crossing. The railroad challenged the order as excessive and burdensome. The court upheld the OCR’s authority under Wis. Stat. § 195.13, recognizing the agency’s mandate to protect public safety and the reasonableness of the requirements.

3. Shippers Association v. OCR (Hypothetical Example)

The court supported the OCR’s mediation role in a rate dispute between shippers and a railroad. It noted that the OCR’s efforts to facilitate negotiated agreements were consistent with its mission to ensure fair and reasonable rail services.

Summary and Key Takeaways

The Office of the Commissioner of Railroads is Wisconsin’s primary regulator for rail transportation, focusing on safety, service quality, and public interest.

Its authority is derived from Wisconsin statutes and implemented through administrative rules, which outline procedures for rail-related petitions, hearings, and enforcement.

Courts generally defer to the OCR’s specialized expertise in rail matters, affirming its decisions unless clearly unreasonable.

The OCR serves as both a regulatory and mediation body, balancing the interests of railroads, communities, and businesses.

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