Anyone who objects to a highway-railroad grade crossing closure under RCW 81.53.060
must file an objection in writing within twenty days after publication of notice of the proposed closure. The objection must:
(a) Identify the person or persons who object by full name and mailing address;
(b) Identify the particular crossing that is the subject of the objection;
(c) State the commission docket number, if known; and
(d) Explain the basis for the objection.
If a communication does not meet these requirements, the commission will not treat the communication as an objection when determining whether a hearing is required under RCW 81.53.060
(2) Party status; appearances; service of final order.
Filing an objection does not make a person a party to a proceeding under RCW 81.53.060
. A person who wishes to participate as a party must enter an appearance at the first hearing session, as prescribed by WAC 480-07-340
. A person who fails to establish party status by appearance may file a "late-filed petition to intervene" as provided in WAC 480-07-355
. A person must establish party status to be entitled to service of any initial order or the commission's final order in the matter. Persons who are not parties may receive a courtesy copy of any initial or final order on request.
(3) Other interested persons.
Interested persons who are not parties will be provided an opportunity to be heard and offer evidence, as required by RCW 81.53.060
. Interested persons who are not parties may not call witnesses, cross-examine witnesses, or otherwise participate as a party. Interested persons who are not parties do not have standing to file petitions for administrative review of initial orders or to file petitions for reconsideration of final orders.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-660, filed 11/24/03, effective 1/1/04.]