Md. Code Regs. 11.24.02.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 11.24.02.03 - Powers

A. In performing its duties, the SSOA, through is designated employees, may:

(1) Conduct, or cause to be conducted, inspections, investigations, examinations, and testing of the property, equipment, facilities, rolling stock, and operations of the RTA rail systems, including, without limitation, electronic information and databases;

(2) Enter upon the RTA rail systems and, upon reasonable notice and a finding by the SSOA employee(s) that a need exists, upon any lands, waters, and premises adjacent to the RTA rail systems for making inspections, investigations, examinations and testing as the SSOA may deem necessary to carry out the purposes of this regulation, and such entry shall not be deemed a trespass. The SSOA shall make reasonable reimbursement for any actual damage resulting to any such adjacent lands, waters, and premises because of such activities;

(3) Compel compliance by an RTA with any Corrective Action Plan or order of the SSOA by such means as the SSOA deems appropriate, including, but not limited to:

(a) Issuing subpoenas;

(b) Directing the RTA to prioritize spending on safety-critical items to the extent consistent with the law;

(c) Removing a specific vehicle, infrastructure element, or hazard from the RTA rail systems; and

(d) Restricting, suspending or prohibiting rail service, with appropriate notice, on all or part of the RTA rail systems;

(4) Direct an RTA to suspend or disqualify from performing in a safety sensitive position an individual who has violated safety rules, regulations, policies, procedures, or laws in a manner that the SSOA determines make that individual unfit for the performance in such a position; and

(5) Take such other actions as the SSOA may deem appropriate consistent with its purposes and powers.

B. The SSOA shall coordinate its enforcement activities with appropriate federal and State governmental authorities as appropriate.

Md. Code Regs. 11.24.02.03

Regulation .03 adopted effective 45:6 Md. R. 321, eff. 3/26/2018