From any action of the sanitation commission in prescribing fees, rents andcharges, or either of them, pursuant to the provisions of this chapter, anappeal may be taken upon the petition of any county or city constituting apart of the district, or upon petition of any 50 persons, resident or doingbusiness in the district, to the State Corporation Commission. At least 60days prior to filing such petition with the State Corporation Commission,such county, city or interested parties shall notify the sanitationcommission of such intended petition and of the fees, rents and chargescomplained of, in order that the sanitation commission may be afforded anopportunity to make such changes in such fees, rents and charges as it shalldeem proper. After such petition shall have been filed with the StateCorporation Commission and after such county or city or other petitionersshall have, if required by the State Corporation Commission, executed andfiled with the State Corporation Commission a bond payable to theCommonwealth and sufficient in amount, but not in excess of $5,000, andsecurity to insure the prompt payment of all costs which may be assessedagainst such county or city or other petitioners, and after such county orcity or other petitioners shall have caused to be published in at least onenewspaper, designated by the commission and of general circulation within thedistrict, such notice of such appeal as shall be prescribed by the StateCorporation Commission, the State Corporation Commission is authorized tomake such examinations and studies, to hold such hearings as may be required,to issue subpoenas requiring the attendance of witnesses and the productionof records, memoranda, papers and other documents before the StateCorporation Commission or any officer or agent thereof, to administer oathsand to take testimony thereunder, and to fix in accordance with theprovisions of this chapter applicable to the sanitation commission, subjectto the right of further appeal by the sanitation commission or the interestedparties to the Supreme Court, such fees, rents and charges. In each suchappeal proceeding the State Corporation Commission shall ascertain the costsincurred by it, including in such costs actual expenses incurred and a fairapportionment of overhead expenses, and shall assess the same against eitherthe petitioner or petitioners, or the sanitation commission, or shallapportion the costs between the petitioner or petitioners and the sanitationcommission, according to principles applicable in courts of equity.
(1940, p. 623; Michie Code 1942, § 1560nn; 2010, c. 343.)
From any action of the sanitation commission in prescribing fees, rents andcharges, or either of them, pursuant to the provisions of this chapter, anappeal may be taken upon the petition of any county or city constituting apart of the district, or upon petition of any 50 persons, resident or doingbusiness in the district, to the State Corporation Commission. At least 60days prior to filing such petition with the State Corporation Commission,such county, city or interested parties shall notify the sanitationcommission of such intended petition and of the fees, rents and chargescomplained of, in order that the sanitation commission may be afforded anopportunity to make such changes in such fees, rents and charges as it shalldeem proper. After such petition shall have been filed with the StateCorporation Commission and after such county or city or other petitionersshall have, if required by the State Corporation Commission, executed andfiled with the State Corporation Commission a bond payable to theCommonwealth and sufficient in amount, but not in excess of $5,000, andsecurity to insure the prompt payment of all costs which may be assessedagainst such county or city or other petitioners, and after such county orcity or other petitioners shall have caused to be published in at least onenewspaper, designated by the commission and of general circulation within thedistrict, such notice of such appeal as shall be prescribed by the StateCorporation Commission, the State Corporation Commission is authorized tomake such examinations and studies, to hold such hearings as may be required,to issue subpoenas requiring the attendance of witnesses and the productionof records, memoranda, papers and other documents before the StateCorporation Commission or any officer or agent thereof, to administer oathsand to take testimony thereunder, and to fix in accordance with theprovisions of this chapter applicable to the sanitation commission, subjectto the right of further appeal by the sanitation commission or the interestedparties to the Supreme Court, such fees, rents and charges. In each suchappeal proceeding the State Corporation Commission shall ascertain the costsincurred by it, including in such costs actual expenses incurred and a fairapportionment of overhead expenses, and shall assess the same against eitherthe petitioner or petitioners, or the sanitation commission, or shallapportion the costs between the petitioner or petitioners and the sanitationcommission, according to principles applicable in courts of equity.
(1940, p. 623; Michie Code 1942, § 1560nn; 2010, c. 343.)
From any action of the sanitation commission in prescribing fees, rents andcharges, or either of them, pursuant to the provisions of this chapter, anappeal may be taken upon the petition of any county or city constituting apart of the district, or upon petition of any 50 persons, resident or doingbusiness in the district, to the State Corporation Commission. At least 60days prior to filing such petition with the State Corporation Commission,such county, city or interested parties shall notify the sanitationcommission of such intended petition and of the fees, rents and chargescomplained of, in order that the sanitation commission may be afforded anopportunity to make such changes in such fees, rents and charges as it shalldeem proper. After such petition shall have been filed with the StateCorporation Commission and after such county or city or other petitionersshall have, if required by the State Corporation Commission, executed andfiled with the State Corporation Commission a bond payable to theCommonwealth and sufficient in amount, but not in excess of $5,000, andsecurity to insure the prompt payment of all costs which may be assessedagainst such county or city or other petitioners, and after such county orcity or other petitioners shall have caused to be published in at least onenewspaper, designated by the commission and of general circulation within thedistrict, such notice of such appeal as shall be prescribed by the StateCorporation Commission, the State Corporation Commission is authorized tomake such examinations and studies, to hold such hearings as may be required,to issue subpoenas requiring the attendance of witnesses and the productionof records, memoranda, papers and other documents before the StateCorporation Commission or any officer or agent thereof, to administer oathsand to take testimony thereunder, and to fix in accordance with theprovisions of this chapter applicable to the sanitation commission, subjectto the right of further appeal by the sanitation commission or the interestedparties to the Supreme Court, such fees, rents and charges. In each suchappeal proceeding the State Corporation Commission shall ascertain the costsincurred by it, including in such costs actual expenses incurred and a fairapportionment of overhead expenses, and shall assess the same against eitherthe petitioner or petitioners, or the sanitation commission, or shallapportion the costs between the petitioner or petitioners and the sanitationcommission, according to principles applicable in courts of equity.
(1940, p. 623; Michie Code 1942, § 1560nn; 2010, c. 343.)
