Subdivision 1. Commissioner's powers generally. Some of the functions of the commissioner of transportation, related to motor carriers and common carriers by rail, are quasi-judicial in nature. The commissioner may make investigations and determinations, hold hearings, prescribe rules, and issue orders with respect to the control and conduct of the carrier businesses coming within the commissioner's jurisdiction as authorized by law.
Subd. 2. Specific functions and powers. (a) To the extent allowed under federal law or regulation, the commissioner shall further hold hearings and issue orders in cases brought on the commissioner's own motion or by a third party in the following areas:
(1) adequacy of services that carriers are providing to the public, including the continuation, termination, or modification of services and facilities;
(2) reasonableness of tariffs of rates, fares, and charges, or a part or classification of a tariff; and
(3) issuing permits.
(b) For purposes of paragraph (a), clause (2), the commissioner may authorize common carriers by rail and motor carriers for hire to file tariffs of rates, fares, and charges individually or by group. Carriers participating in group ratemaking have the free and unrestrained right to take independent action either before or after a determination arrived at through that procedure.
Subd. 3. Subpoena power. The commissioner shall have subpoena power.
Subd. 4. Petition and hearing. (a) With respect to those matters within the commissioner's jurisdiction, the commissioner shall receive, hear, and determine all petitions filed with the commissioner in accordance with the procedures established by law and may hold hearings and make determinations upon the commissioner's own motion to the same extent, and in every instance, in which the commissioner may do so upon petition.
(b) If the commissioner receives a written objection and notice of intent to appear at a hearing to object to the petition from any person within 20 days of the notice having been fully given, the request of the petition must be granted or denied only after a contested case hearing has been conducted on the petition, unless the objection is withdrawn before the hearing. The commissioner may elect to hold a contested case hearing if no objections to the petition are received. If a timely objection is not received, or if received and withdrawn, and the request of the petition is denied without hearing, the petitioner may request within 30 days of receiving the notice of denial, and must be granted, a contested case hearing on the petition.
1980 c 534 s 2; 1983 c 293 s 76; 1986 c 468 s 1; 1999 c 238 art 2 s 32; 2001 c 213 s 16-18,30; 1Sp2003 c 19 art 2 s 46; 2009 c 64 s 19
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Chapter 174 — Department Of Transportation
Section 174.01 — Creation; Policy.
Section 174.02 — Commissioner's Powers And Duties.
Section 174.03 — Duties Of Commissioner.
Section 174.04 — Financial Assistance; Applications; Disbursement.
Section 174.06 — Transfer Of Powers.
Section 174.10 — Proceedings Involving Carriers.
Section 174.11 — Property Acquisitions; Notice To County Auditor.
Section 174.12 — Transportation Economic Development Program.
Section 174.13 — Transportation Programming And Investment Committee.
Section 174.14 — Value Analysis Of Project; Policy.
Section 174.16 — Contract To Include Value Analysis Authorization.
Section 174.17 — Evaluation Of Value Engineering Proposals.
Section 174.18 — Advertisement Of Highway Contract.
Section 174.185 — Pavement Life-cycle Cost Analysis.
Section 174.186 — Disadvantaged Business Enterprise Collaborative.
Section 174.20 — Pavement Selection Guidelines.
Section 174.21 — Public Transit Assistance And Transportation Management; Purpose.
Section 174.23 — General Powers And Duties.
Section 174.24 — Public Transit Participation Program.
Section 174.247 — Annual Transit Report.
Section 174.255 — Paratransit Program; Accessibility; Insurance.
Section 174.256 — Park-and-ride Program.
Section 174.257 — Ride-sharing Program.
Section 174.27 — Public Employer Commuter Van Program.
Section 174.285 — Minnesota Council On Transportation Access.
Section 174.29 — Coordination Of Special Transportation Service.
Section 174.295 — Eligibility Certification; Penalty For Fraud.
Section 174.30 — Operating Standards For Special Transportation Service.
Section 174.315 — Special Transportation; Ambulance Service Prohibited.
Section 174.35 — Light Rail Transit.
Section 174.36 — Notice Of Studies Of High-speed Rail.
Section 174.38 — Active Transportation Program.
Section 174.40 — Safe Routes To School Program.
Section 174.42 — Transportation Alternatives Projects.
Section 174.45 — Public-private Partnerships; Joint Program Office.
Section 174.50 — Minnesota State Transportation Fund.
Section 174.51 — Minnesota State Transportation Bonds.
Section 174.52 — Local Road Improvement Fund.
Section 174.525 — Transportation Loan Pilot Program.
Section 174.53 — Department Of Transportation Efficiencies.
Section 174.57 — Snow And Ice Control; Appropriation.
Section 174.58 — State Road Construction Prior Appropriations.
Section 174.60 — Railroad Passenger Service Provided.
Section 174.62 — Authority To Enter Into Agreement.
Section 174.63 — Public Hearing; Notice.
Section 174.632 — Passenger Rail; Commissioner's Duties.
Section 174.634 — Passenger Rail; Funding.
Section 174.636 — Passenger Rail; Exercise Of Power.
Section 174.64 — Functions And Powers Relating To Carriers.
Section 174.65 — Carrier Hearings And Appeals.
Section 174.66 — Continuation Of Carrier Rules.
Section 174.70 — Public Safety Radio Communications.
Section 174.75 — Complete Streets.
Section 174.82 — Commuter Rail; Commissioner's Duties; Contracts.
Section 174.84 — Commuter Rail System Planning.
Section 174.86 — Commuter Rail Plan; Review.
Section 174.88 — Commuter Rail Funding.