Section 115. General powers and duties of commissioner in respect to common carriers  


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  • 1.  The  commissioner  shall  have  power  and  authority  to
      administer  oaths,  in  all parts of the state, to witnesses summoned to
      testify in any inquiry, investigation, hearing or proceedings; and  also
      to  administer  oaths in all parts of the state whenever the exercise of
      such  power  is  incidentally  necessary  or  proper   to   enable   the
      commissioner  to  perform  a  duty or to exercise a power. An officer or
      employee  of  the  department  specially  authorized   to   conduct   an
      investigation  or  hearing  shall  have  power  to  administer  oaths to
      witnesses subpoenaed to testify before him.
        2. (a) The commissioner shall have  the  general  supervision  of  all
      common carriers subject to his jurisdiction as hereinbefore defined, and
      shall  have  power to and shall examine the same and keep informed as to
      their general condition, their capitalization, their franchises and  the
      manner  in  which their lines and property, owned, leased, controlled or
      operated, are managed, conducted and operated, not only with respect  to
      the  adequacy, security and accommodation afforded by their service, but
      also with respect to their compliance with all provisions of law, orders
      of the commissioner  and  charter  requirements.  The  commissioner,  or
      responsible  engineers  or inspectors duly authorized by him, shall have
      power to enter in or  upon  and  to  inspect  the  property,  equipment,
      buildings,  plants,  factories,  power-houses and offices of any of such
      companies or persons, including the right for such inspection purpose to
      ride upon any freight locomotive or train or any passenger locomotive or
      train while in service; and to have upon reasonable notice the use of an
      inspection locomotive or special locomotive and  inspection  car  for  a
      physical  inspection once annually of all the lines and stations of each
      common carrier under his  supervision;  and  to  the  extent  that  such
      facilities  for  inspection  involve transportation the commissioner and
      each such employee shall pay the published one-way fare  established  by
      the  common  carrier  for  the  transportation  of  persons  by  regular
      passenger trains over the distance covered by such inspection.  The cost
      of such transportation, if the commissioner so elects, may be paid  upon
      bill  rendered  to  the  commissioner  after the transportation has been
      furnished and the amount thereof  ascertained.  The  commissioner  shall
      also  have  general  powers  and authority with respect to the abatement
      except by change of motive power of all nuisances  arising  outside  the
      corporate  limits  of  a  city  from  the  generation of smoke, soot, or
      cinders, incident to the  operation  of  such  railroads,  and  railroad
      companies.
        (b)  The  commissioner shall promulgate rules and regulations relating
      to railroad electric power substations  which  shall  provide  for  safe
      ingress to and egress from such substations with relation to surrounding
      areas. Such rules and regulations shall also establish safety guidelines
      which  when  implemented  will  assure  that  such  substations  will be
      maintained under conditions of reasonable security  and  optimum  safety
      not only for persons authorized for ingress to such substations but also
      for persons unauthorized for such ingress.
        3.  The  commissioner  or  officer or employee specially authorized to
      conduct an investigation or hearing shall  have  power  to  examine  all
      books,  contracts,  records,  documents  and  papers  of  any  person or
      corporation subject to his supervision, and by subpoena duces  tecum  to
      compel  production thereof. In lieu of requiring production of originals
      by subpoena duces tecum, the commissioner may require  sworn  copies  of
      any  such  books,  records,  contracts,  documents  and  papers or parts
      thereof to be filed with him.