§ 39-12-13 Alteration of common carrierrates by the administrator. – (a) The administrator, upon complaint of any common carrier by motor vehicle orof any person, or upon his or her own motion, after a hearing, may allow ordisallow any filed or existing rates and may alter or prescribe the rates ofcommon carriers in connection with the transportation of any or all classes ofproperty to any or between any and all points within the state and any serviceconnected therewith in accordance with the legal standards provided in thischapter. Whenever, upon complaint or in any investigation on his or her owninitiative, the administrator, after a hearing, shall be of the opinion thatany rate or charge collected, charged, or demanded by any common carrier bymotor vehicle, or any classification, rule, regulation, or practice whatsoeverof the carrier affecting the rate, charge, or the value of the servicethereunder, is or will be unjust or unreasonable, or unjustly discriminatory,or unduly preferential, or unduly prejudicial, he or she shall determine andprescribe the lawful rate or charge, or the maximum and/or minimum rate orcharge thereafter to be observed or the lawful classification, rule,regulation, or practice thereafter to be effective.
(b) The administrator shall implement a gasoline priceemergency surcharge program whereby a person licensed under this chapter toperform "drive away-tow away operations" shall be permitted to impose andcollect a surcharge, during such times and under such conditions wherein theadministrator determines that the average price of gasoline in this stateexceeds one dollar and fifty cents ($1.50) per gallon. Provided, that theadministrator shall have discretion as to when to permit such surcharge to beimposed, except that the administrator shall not impose the surcharge at anytime when the average price of gasoline, as determined by the administrator,does not exceed the price of one dollar and fifty cents ($1.50) per gallon.
(c) On or before September 1, 2001, the administrator shallimplement a diesel price emergency surcharge program whereby a person licensedunder §§ 39-3-3, 39-3-3.1, or 39-3-4 to perform as a "common carrierof persons and/or property upon water between termini within the state" shallbe permitted to impose and collect a surcharge, not to exceed three dollars($3.00) for each passenger and vehicle carried, during periods when it isdetermined that the average retail price of diesel fuel in this state exceedsone dollar and twenty cents ($1.20) per gallon.
§ 39-12-13 Alteration of common carrierrates by the administrator. – (a) The administrator, upon complaint of any common carrier by motor vehicle orof any person, or upon his or her own motion, after a hearing, may allow ordisallow any filed or existing rates and may alter or prescribe the rates ofcommon carriers in connection with the transportation of any or all classes ofproperty to any or between any and all points within the state and any serviceconnected therewith in accordance with the legal standards provided in thischapter. Whenever, upon complaint or in any investigation on his or her owninitiative, the administrator, after a hearing, shall be of the opinion thatany rate or charge collected, charged, or demanded by any common carrier bymotor vehicle, or any classification, rule, regulation, or practice whatsoeverof the carrier affecting the rate, charge, or the value of the servicethereunder, is or will be unjust or unreasonable, or unjustly discriminatory,or unduly preferential, or unduly prejudicial, he or she shall determine andprescribe the lawful rate or charge, or the maximum and/or minimum rate orcharge thereafter to be observed or the lawful classification, rule,regulation, or practice thereafter to be effective.
(b) The administrator shall implement a gasoline priceemergency surcharge program whereby a person licensed under this chapter toperform "drive away-tow away operations" shall be permitted to impose andcollect a surcharge, during such times and under such conditions wherein theadministrator determines that the average price of gasoline in this stateexceeds one dollar and fifty cents ($1.50) per gallon. Provided, that theadministrator shall have discretion as to when to permit such surcharge to beimposed, except that the administrator shall not impose the surcharge at anytime when the average price of gasoline, as determined by the administrator,does not exceed the price of one dollar and fifty cents ($1.50) per gallon.
(c) On or before September 1, 2001, the administrator shallimplement a diesel price emergency surcharge program whereby a person licensedunder §§ 39-3-3, 39-3-3.1, or 39-3-4 to perform as a "common carrierof persons and/or property upon water between termini within the state" shallbe permitted to impose and collect a surcharge, not to exceed three dollars($3.00) for each passenger and vehicle carried, during periods when it isdetermined that the average retail price of diesel fuel in this state exceedsone dollar and twenty cents ($1.20) per gallon.
§ 39-12-13 Alteration of common carrierrates by the administrator. – (a) The administrator, upon complaint of any common carrier by motor vehicle orof any person, or upon his or her own motion, after a hearing, may allow ordisallow any filed or existing rates and may alter or prescribe the rates ofcommon carriers in connection with the transportation of any or all classes ofproperty to any or between any and all points within the state and any serviceconnected therewith in accordance with the legal standards provided in thischapter. Whenever, upon complaint or in any investigation on his or her owninitiative, the administrator, after a hearing, shall be of the opinion thatany rate or charge collected, charged, or demanded by any common carrier bymotor vehicle, or any classification, rule, regulation, or practice whatsoeverof the carrier affecting the rate, charge, or the value of the servicethereunder, is or will be unjust or unreasonable, or unjustly discriminatory,or unduly preferential, or unduly prejudicial, he or she shall determine andprescribe the lawful rate or charge, or the maximum and/or minimum rate orcharge thereafter to be observed or the lawful classification, rule,regulation, or practice thereafter to be effective.
(b) The administrator shall implement a gasoline priceemergency surcharge program whereby a person licensed under this chapter toperform "drive away-tow away operations" shall be permitted to impose andcollect a surcharge, during such times and under such conditions wherein theadministrator determines that the average price of gasoline in this stateexceeds one dollar and fifty cents ($1.50) per gallon. Provided, that theadministrator shall have discretion as to when to permit such surcharge to beimposed, except that the administrator shall not impose the surcharge at anytime when the average price of gasoline, as determined by the administrator,does not exceed the price of one dollar and fifty cents ($1.50) per gallon.
(c) On or before September 1, 2001, the administrator shallimplement a diesel price emergency surcharge program whereby a person licensedunder §§ 39-3-3, 39-3-3.1, or 39-3-4 to perform as a "common carrierof persons and/or property upon water between termini within the state" shallbe permitted to impose and collect a surcharge, not to exceed three dollars($3.00) for each passenger and vehicle carried, during periods when it isdetermined that the average retail price of diesel fuel in this state exceedsone dollar and twenty cents ($1.20) per gallon.
