IC 8-2-19
    Chapter 19. Suspension of Certain Railroad Freight Rates

IC 8-2-19-1
Suspension pending transportation department determination
    Sec. 1. (a) Whenever there is filed with the Indiana department oftransportation a schedule stating a new individual or joint rate orcharge, a new individual or joint classification, or a new individualor joint regulation or practice affecting a rate or charge, thedepartment has the authority, either upon complaint or upon its owninitiative without complaint, at once, if it so orders, without answeror other formal pleadings by the interested carrier or carriers, uponreasonable notice, to hold a hearing concerning the propriety of therate, charge, classification, regulation, or practice.
    (b) Pending a hearing and the decision, the Indiana department oftransportation, upon filing with the schedule and delivering to thecarrier or carriers a statement in writing of its reason may suspendthe operation of the schedule and defer the use of the rates, charge,classification, regulation, or practice, for a period not longer than onehundred and twenty (120) days beyond the time when the rate,charge, classification, regulation, or practice would otherwise go intoeffect.
    (c) After full hearing, whether completed before or after the rate,charge, classification, regulation, or practice goes into effect, theIndiana department of transportation may make an order as would beproper in a proceeding initiated after it had become effective.
    (d) If a hearing cannot be concluded within the period ofsuspension, the Indiana department of transportation may extend thetime of suspension for a period not exceeding thirty (30) days, andif the proceeding has not been concluded and an order made at theexpiration of thirty (30) days, the proposed change of rate, charge,classification, regulation, or practice shall go into effect at the end ofthe period.
    (e) At a hearing involving a rate sought to be increased, theburden of proof to show that the increased rate or proposed increasedrate is just and reasonable is upon the common carrier. The Indianadepartment of transportation shall give to the hearing and decision ofsuch questions preference over all other questions pending before itand decide the same as speedily as possible.
(Formerly: Acts 1911, c.186, s.1; Acts 1929, c.143, s.1.) As amendedby P.L.59-1984, SEC.116; P.L.89-1985, SEC.10; P.L.18-1990,SEC.32.