§ 8-1-1-8 — Hearings; publication of notice

Indiana § 8-1-1-8

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 1: Utility Regulatory Commission

Text

(a) Notwithstanding any other statute relative to
the publication of notice of hearings to be held by the utility regulatory
commission, publication of notice of hearings to be held by the
commission shall be made only in accordance with this chapter.
(b) Whenever the utility regulatory commission orders a hearing in
any proceeding instituted by or against any public utility, notice of the
hearing shall be given by one (1) publication appearing not less than
ten (10) days prior to the date fixed for the hearing in two (2)
newspapers of general circulation published in one (1) county wherein
reside patrons or customers of the public utility who might be affected
by an order made by the commission pursuant to the hearing. If two (2)
newspapers of general circulation are not published in the county, then
one (1) publication appearing not less than ten (10) days prior to the
date fixed for the hearing in one (1) newspaper of general circulation
published in the county shall be sufficient. If no newspaper of general
circulation is published in the county, then the commission shall cause
notice of the hearing to be given by one (1) publication appearing not
less than ten (10) days prior to the date fixed for the hearing in two (2)
newspapers of general circulation published in a county adjoining the
county wherein reside patrons or customers of the public utility who
might be affected by the order. If any newspaper of general circulation
in which the commission publishes a notice as prescribed by this
subsection does not publish a print edition at least three (3) times a
week, the commission may cause the notice to be published in either:
(1) the print edition; or
(2) an electronic edition (as defined in IC 5-3-1-0.1);
of the newspaper or a locality newspaper (as defined in IC 5-3-1-0.2)
that circulates within the county.
(c) Whenever the department of state revenue orders a hearing in
any proceeding instituted by or against a motor vehicle carrier, notice
of such hearing shall be given by one (1) publication appearing not less
than ten (10) days prior to the date fixed for such hearing in two (2)
newspapers of general circulation published in the county where such
motor vehicle carrier has its principal office or place of business. If two
(2) newspapers of general circulation are not published in such county,
then one (1) publication appearing not less than ten (10) days prior to
the date fixed for such hearing in one (1) newspaper of general
circulation published in such county shall be sufficient. If no
newspaper of general circulation is published in the county, the
department of state revenue shall cause notice of such hearing to be
given by one (1) publication appearing not less than ten (10) days prior
to the date fixed for such hearing in two (2) newspapers of general
circulation published in a county adjoining the county where such
motor vehicle carrier has its principal office or place of business. If the
motor vehicle carrier has no office or place of business in Indiana, then
such notice shall be given by one (1) publication appearing not less
than ten (10) days prior to the date fixed for the hearing in two (2)
newspapers of general circulation published in Marion County.
(d) In addition to the published notice, the commission shall mail
notice of the hearing and notice of the filing of applications or
proceedings to persons, firms, limited liability companies, or
corporations having competitive interests involved and to the
representatives of any city or town affected by the hearing, application,
or proceeding. Failure to mail the notices shall not be deemed to be
jurisdictional, but may be ground for rehearing.
Formerly: Acts 1941, c.101, s.8; Acts 1943, c.244, s.1. As
amended by P.L.59-1984, SEC.3; P.L.384-1987(ss), SEC.1;
P.L.99-1989, SEC.2; P.L.8-1993, SEC.104; P.L.9-2025,
SEC.3.