[§261E-13]  Tariffs.  (a)  Every Hawaiiair carrier shall file with the air carrier commission, and keep open to publicinspection, tariffs showing all the rates, fares, and charges fortransportation, and all services in connection therewith, of passengers orproperty.  The rates, fares, and charges shall be stated in terms of lawfulmoney of the United States.  The tariffs required by this section shall bepublished, filed, and posted in the form and manner and shall contain theinformation that the commission shall prescribe by rule.  The commission mayreject any tariff filed with it that is inconsistent with this section.  Anytariff 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 inany effective tariff of a Hawaii air carrier, except after thirty days noticeof the proposed change filed and posted in accordance with subsection (a).  Thecommission, in its discretion and for good cause shown, may allow the changeupon notice less than that specified or modify the requirements of this sectionwith respect to posting and filing of tariffs, either in particular instancesor by general order applicable to special or peculiar circumstances orconditions.

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

(d)  Whenever any schedule is filed with thecommission stating a new rate, fare, or charge for the transportation ofpassengers or property by a Hawaii air carrier or any rule or practiceaffecting 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 servedprior to the effective date of the schedule shall, concurrently file aneconomic justification that shall be prepared under the same form and in thesame manner as prescribed by the commission unless the changed fare or rate iswithin the zone of fare or rate flexibility established pursuant to section261E-12(g).

Except as provided in section 261E-12(g), thecommission, upon complaint of any interested person or upon its own initiativeat once and, if it so orders, without answer or other formal pleading by theinterested carrier or carriers, but upon reasonable notice, may enter upon ahearing concerning the lawfulness of the rate, fare, or charge, or the rule orpractice, and pending the hearing and decision the commission, may suspend theoperation of the schedule and defer the use of the rate, fare, or charge, or therule or practice, by delivering to the affected carrier or carriers not laterthan five days prior to the effective date of the schedule, a statement inwriting of its reasons for the suspension.  The commission shall have up to sixmonths from the date of ordering a hearing to investigate the lawfulness of therate, fare, or charge, to complete its investigation.  If the commission failsto issue a final order within the six-month period then the changes proposed bythe 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 proofshall be upon the carrier to show that the proposed changed rate, fare, charge,classification, rule, or practice is just and reasonable.  In exercising itsauthority under this subsection and subsection (e), the commission shallconsider the factors regarding reasonableness set forth in section 261E-12(e).

(e)  When a fare or rate increase applicationis filed, the commission, in its discretion, may authorize temporary increasesin rates, fares, and charges, upon a prima facie showing by a Hawaii aircarrier that such fares, rates, or charges are just and reasonable; providedthat the commission by order shall require the carrier to keep an accurateaccount of all amounts received from the increase.  The commission, afterhearing and decision, shall require a carrier to refund the portion of theincreased rates or charges found to be not justified to persons in whose behalfthe amounts were paid. [L Sp 2008, c 1, pt of §2]