KRS 177.150: Final hearing -- Notice -- Final order -- Waiver of proceedings -- Appeal.

(1) After receipt of the plans, specifications, and estimates of cost from the railroad

company, the department shall give at least ten (10) days' notice by certified mail,

return receipt requested, to the railroad company of a time and place for a

conference with respect to the grade separation or change. If the department elects

to prepare plans, specifications, and estimates of cost, it shall furnish copies thereof

to the railroad company prior to or at the time it gives notice of the conference. At

the conference, the department shall approve or modify the plans and specifications

and shall consider and determine the method of doing the work, whether by the

railroad company or by the department, or partly by one and partly by the other, and

whether by contract or by the employees of the department or the railroad company,

or both, or by any combination of these methods, and if by contract, the method and

manner of advertising for bids, the time and place of opening the bids, the time

when work shall be be gun and completed, and all similar matters of an

administrative nature. The department shall embody its conclusions in an order, a

copy of which shall be sent by certified mail, return receipt requested, to the railroad

company.

(2) The department and any railroad company may agree by contract as to the method

of eliminating any grade crossing or changing any existing overhead or underpass

structure. In event of an agreement, all notices, hearings, and proceedings shall be

deemed to have been waived, and th e work of eliminating the grade crossing or

making the change shall be performed in accordance with the terms of the contract,

with the same effect as though the work was being performed pursuant to a final

order of the department.

(3) Any person aggrieved by an order issued pursuant to subsection (1) of this section

may appeal to the department, and upon appeal an administrative hearing shall be

conducted in accordance with KRS Chapter 13B.