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 of
transportation a schedule stating a new individual or joint rate or
charge, a new individual or joint classification, or a new individual
or joint regulation or practice affecting a rate or charge, the
department has the authority, either upon complaint or upon its own
initiative without complaint, at once, if it so orders, without answer
or other formal pleadings by the interested carrier or carriers, upon
reasonable notice, to hold a hearing concerning the propriety of the
rate, charge, classification, regulation, or practice.
(b) Pending a hearing and the decision, the Indiana department of
transportation, upon filing with the schedule and delivering to the
carrier or carriers a statement in writing of its reason may suspend
the operation of the schedule and defer the use of the rates, charge,
classification, regulation, or practice, for a period not longer than one
hundred and twenty (120) days beyond the time when the rate,
charge, classification, regulation, or practice would otherwise go into
effect.
(c) After full hearing, whether completed before or after the rate,
charge, classification, regulation, or practice goes into effect, the
Indiana department of transportation may make an order as would be
proper in a proceeding initiated after it had become effective.
(d) If a hearing cannot be concluded within the period of
suspension, the Indiana department of transportation may extend the
time of suspension for a period not exceeding thirty (30) days, and
if the proceeding has not been concluded and an order made at the
expiration of thirty (30) days, the proposed change of rate, charge,
classification, regulation, or practice shall go into effect at the end of
the period.
(e) At a hearing involving a rate sought to be increased, the
burden of proof to show that the increased rate or proposed increased
rate is just and reasonable is upon the common carrier. The Indiana
department of transportation shall give to the hearing and decision of
such questions preference over all other questions pending before it
and decide the same as speedily as possible. (Formerly: Acts 1911, c.186, s.1; Acts 1929, c.143, s.1.) As amended
by P.L.59-1984, SEC.116; P.L.89-1985, SEC.10; P.L.18-1990,
SEC.32.
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 of
transportation a schedule stating a new individual or joint rate or
charge, a new individual or joint classification, or a new individual
or joint regulation or practice affecting a rate or charge, the
department has the authority, either upon complaint or upon its own
initiative without complaint, at once, if it so orders, without answer
or other formal pleadings by the interested carrier or carriers, upon
reasonable notice, to hold a hearing concerning the propriety of the
rate, charge, classification, regulation, or practice.
(b) Pending a hearing and the decision, the Indiana department of
transportation, upon filing with the schedule and delivering to the
carrier or carriers a statement in writing of its reason may suspend
the operation of the schedule and defer the use of the rates, charge,
classification, regulation, or practice, for a period not longer than one
hundred and twenty (120) days beyond the time when the rate,
charge, classification, regulation, or practice would otherwise go into
effect.
(c) After full hearing, whether completed before or after the rate,
charge, classification, regulation, or practice goes into effect, the
Indiana department of transportation may make an order as would be
proper in a proceeding initiated after it had become effective.
(d) If a hearing cannot be concluded within the period of
suspension, the Indiana department of transportation may extend the
time of suspension for a period not exceeding thirty (30) days, and
if the proceeding has not been concluded and an order made at the
expiration of thirty (30) days, the proposed change of rate, charge,
classification, regulation, or practice shall go into effect at the end of
the period.
(e) At a hearing involving a rate sought to be increased, the
burden of proof to show that the increased rate or proposed increased
rate is just and reasonable is upon the common carrier. The Indiana
department of transportation shall give to the hearing and decision of
such questions preference over all other questions pending before it
and decide the same as speedily as possible. (Formerly: Acts 1911, c.186, s.1; Acts 1929, c.143, s.1.) As amended
by P.L.59-1984, SEC.116; P.L.89-1985, SEC.10; P.L.18-1990,
SEC.32.
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 of
transportation a schedule stating a new individual or joint rate or
charge, a new individual or joint classification, or a new individual
or joint regulation or practice affecting a rate or charge, the
department has the authority, either upon complaint or upon its own
initiative without complaint, at once, if it so orders, without answer
or other formal pleadings by the interested carrier or carriers, upon
reasonable notice, to hold a hearing concerning the propriety of the
rate, charge, classification, regulation, or practice.
(b) Pending a hearing and the decision, the Indiana department of
transportation, upon filing with the schedule and delivering to the
carrier or carriers a statement in writing of its reason may suspend
the operation of the schedule and defer the use of the rates, charge,
classification, regulation, or practice, for a period not longer than one
hundred and twenty (120) days beyond the time when the rate,
charge, classification, regulation, or practice would otherwise go into
effect.
(c) After full hearing, whether completed before or after the rate,
charge, classification, regulation, or practice goes into effect, the
Indiana department of transportation may make an order as would be
proper in a proceeding initiated after it had become effective.
(d) If a hearing cannot be concluded within the period of
suspension, the Indiana department of transportation may extend the
time of suspension for a period not exceeding thirty (30) days, and
if the proceeding has not been concluded and an order made at the
expiration of thirty (30) days, the proposed change of rate, charge,
classification, regulation, or practice shall go into effect at the end of
the period.
(e) At a hearing involving a rate sought to be increased, the
burden of proof to show that the increased rate or proposed increased
rate is just and reasonable is upon the common carrier. The Indiana
department of transportation shall give to the hearing and decision of
such questions preference over all other questions pending before it
and decide the same as speedily as possible. (Formerly: Acts 1911, c.186, s.1; Acts 1929, c.143, s.1.) As amended
by P.L.59-1984, SEC.116; P.L.89-1985, SEC.10; P.L.18-1990,
SEC.32.
