[§261E-13]  Tariffs.  (a)  Every Hawaii
air carrier shall file with the air carrier commission, and keep open to public
inspection, tariffs showing all the rates, fares, and charges for
transportation, and all services in connection therewith, of passengers or
property.  The rates, fares, and charges shall be stated in terms of lawful
money of the United States.  The tariffs required by this section shall be
published, filed, and posted in the form and manner and shall contain the
information that the commission shall prescribe by rule.  The commission may
reject any tariff filed with it that is inconsistent with this section.  Any
tariff rejected by the commission shall be void and its use shall be unlawful.



(b)  No change shall be made in any rate, fare,
charge, or classification, or any rule, or practice affecting the rate, fare,
charge, or classification, or the value of the service thereunder, specified in
any effective tariff of a Hawaii air carrier, except after thirty days notice
of the proposed change filed and posted in accordance with subsection (a).  The
commission, in its discretion and for good cause shown, may allow the change
upon notice less than that specified or modify the requirements of this section
with respect to posting and filing of tariffs, either in particular instances
or by general order applicable to special or peculiar circumstances or
conditions.



(c)  No Hawaii air carrier shall engage in the
transportation of persons or property unless the rates, fares, and charges upon
which the same are transported by the carrier have been filed and published in
accordance with this chapter.



(d)  Whenever any schedule is filed with the
commission stating a new rate, fare, or charge for the transportation of
passengers or property by a Hawaii air carrier or any rule or practice
affecting the rate, fare, or charge, or the value of the service thereunder,
the carrier, on its own initiative may, or by order of the commission served
prior to the effective date of the schedule shall, concurrently file an
economic justification that shall be prepared under the same form and in the
same manner as prescribed by the commission unless the changed fare or rate is
within the zone of fare or rate flexibility established pursuant to section
261E-12(g).



Except as provided in section 261E-12(g), the
commission, upon complaint of any interested person or upon its own initiative
at once and, if it so orders, without answer or other formal pleading by the
interested carrier or carriers, but upon reasonable notice, may enter upon a
hearing concerning the lawfulness of the rate, fare, or charge, or the rule or
practice, and pending the hearing and decision the commission, may suspend the
operation of the schedule and defer the use of the rate, fare, or charge, or the
rule or practice, by delivering to the affected carrier or carriers not later
than five days prior to the effective date of the schedule, a statement in
writing of its reasons for the suspension.  The commission shall have up to six
months from the date of ordering a hearing to investigate the lawfulness of the
rate, fare, or charge, to complete its investigation.  If the commission fails
to issue a final order within the six-month period then the changes proposed by
the carrier shall go into effect.  At any hearing involving a change in a rate,
fare, charge, or classification, or in a rule or practice, the burden of proof
shall be upon the carrier to show that the proposed changed rate, fare, charge,
classification, rule, or practice is just and reasonable.  In exercising its
authority under this subsection and subsection (e), the commission shall
consider the factors regarding reasonableness set forth in section 261E-12(e).



(e)  When a fare or rate increase application
is filed, the commission, in its discretion, may authorize temporary increases
in rates, fares, and charges, upon a prima facie showing by a Hawaii air
carrier that such fares, rates, or charges are just and reasonable; provided
that the commission by order shall require the carrier to keep an accurate
account of all amounts received from the increase.  The commission, after
hearing and decision, shall require a carrier to refund the portion of the
increased rates or charges found to be not justified to persons in whose behalf
the amounts were paid. [L Sp 2008, c 1, pt of §2]