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Ch. 13
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442
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LAWS OF MARYLAND
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(II) CHANGE THE CROSSING PROTECTION EQUIPMENT
AT SUCH A CROSSING.
(B) AUTHORITY OF SECRETARY EXCLUSIVE.
(1) THE SECRETARY HAS EXCLUSIVE AUTHORITY TO
APPROVE THE CONSTRUCTION OR MODIFICATION OF A RAILROAD
GRADE CROSSING OR A CHANGE OF CROSSING PROTECTION
EQUIPMENT AND TO IMPOSE CONDITIONS NECESSARY TO INSURE
PUBLIC SAFETY AT THE CROSSING.
(2) NO OTHER APPROVAL, SAFETY CONDITION, OR
PROTECTIVE MEASURE MAY BE REQUIRED BY ANY PUBLIC
AUTHORITY.
(C) HEARING ON APPLICATION.
WHEN AN APPLICATION IS MADE TO THE SECRETARY FOR
APPROVAL OF THE CONSTRUCTION OR MODIFICATION OF A
RAILROAD GRADE CROSSING OR A CHANGE OF CROSSING
PROTECTION EQUIPMENT, THE SECRETARY, AFTER NOTICE TO ALL
PARTIES IN INTEREST, INCLUDING ADJACENT PROPERTY OWNERS,
SHALL HOLD A HEARING ON THE MATTER IF:
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(1) THE SECRETARY CONSIDERS A HEARING TO BE
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NECESSARY;
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(2) A HEARING IS REQUESTED BY ANY PARTY IN
INTEREST; OR
(3) THE PROPOSED CHANGE WOULD DIMINISH OR
DISCONTINUE ANY CROSSING PROTECTION.
(C) DECISION BY SECRETARY.
WITH ANY TECHNICAL ADVICE FROM THE ADMINISTRATION
THAT THE SECRETARY CONSIDERS NECESSARY, THE SECRETARY
MAY:
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(1) APPROVE OR DISAPPROVE THE APPLICATION;
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AND
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(2) IMPOSE ON THE PERSON INITIATING THE
CROSSING PROJECT, UNDER UNIFORM STANDARDS AND
REGULATIONS, ANY CONDITION NECESSARY TO INSURE PUBLIC
SAFETY AT THE CROSSING, INCLUDING A REQUIREMENT FOR THE
INSTALLATION OF, PAYMENT FOR, AND MAINTENANCE Of CROSSING
PROTECTION EQUIPMENT.
(E) CONVERSION OF PRIVATE CROSSING TO PUBLIC
CROSSING.
FOR PURPOSES OF THIS SECTION, THE CONVERSION OF A
PRIVATE ROAD GRADE CROSSING INTO A PUBLIC HIGHWAY GRADE
CROSSING IS A PROJECTION OF A PUBLIC HIGHWAY OVER THE
RAILROAD BY THE PUBLIC AUTHORITY TAKING JURISDICTION OF
THE PRIVATE ROAD.
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