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(1) If requested by the board of county commissioners under 60-2-121 , MCA, the Montana transportation commission shall conduct a public hearing for proposed signalization of any public at-grade railroad crossing.

(2) The Montana transportation commission shall fix a reasonable time for a hearing pursuant to (1) above and give public notice thereof to the county commission, parties requesting notice of the hearing, and the public by publishing notice in a newspaper of general circulation in the community for three consecutive weeks at least 30 and not more than 120 days prior to such hearing.

(3) The hearing may be conducted by a hearings examiner appointed by the Montana transportation commission.

(4) The hearings examiner, if one is appointed, shall make a written recommendation within 30 days to the Montana transportation commission. If no hearings examiner is appointed, the matter shall be heard by the Montana transportation commission. The decision of the Montana transportation commission shall be final.

History: 60-2-121 and 2-3-103, MCA; IMP, 60-2-121 and 60-2-201, MCA; NEW, 1997 MAR p. 642, Eff. 4/8/97.

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