§271G-23 - Hearings.
§271G-23 Hearings. (a) All hearings,
investigations, and proceedings shall be governed by chapter 91 and by rules of
practice and procedure adopted by the public utilities commission, and in the
conduct thereof, the technical rules of evidence need not be applied; provided
that in all evidentiary hearings conducted pursuant to chapter 91 in which a
carrier has the burden of justifying the reasonableness of its rates, fares,
charges, or classifications, the burden of proof of the carrier in proving the
reasonableness of expenditures, contracts, leases, or other transactions
between the carrier and corporate affiliates of the carrier shall be satisfied
only if the reliable, probative and substantial evidence is clear and
convincing. No informality in any hearing, investigation, or proceeding, or in
the manner of taking testimony shall invalidate any order, decision or rule
made, approved, or confirmed by the commission.
(b) Complaints may be made, in writing, by the
commission on its own motion or by any person or body politic setting forth any
act or thing done, or omitted to be done by any water carrier, including any
rule, regulation, rate, or charge, heretofore established or fixed by or for
any water carrier, in violation or claimed to be in violation, of any law or of
any order or rule of the commission. [L 1974, c 94, pt of §1; am L 1980, c 202,
§4 and c 232, §9]