§ 8-1-19-2 — Verified showing; hearing; order for receivership

Indiana § 8-1-19-2

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 19: Telephone Companies─Receivership

Text

If any telephone company shall violate any
provision of law, or any rule or order of the commission or of any other
lawful authority or shall fail to perform any duty imposed upon it by
law or by any such rule or order, then, and in that event, in addition to
all other remedies provided by law, the commission may, in a proper
case, file a verified showing in any circuit court, superior court, or
probate court in this state wherein is located the main or principal
office or place of business of any telephone company, that such
telephone company has failed, neglected, or refused to comply with
such provision of law or with an order or requirement of said
commission or other lawful authority and that the users of the
telephone service furnished by such telephone company, or the public,
will be damaged or injured by the continued noncompliance with such
law, order or requirement, and that it would be to the interest of the
public, that on ten (10) days notice to such telephone company the
court should appoint a receiver to operate said telephone company and
to render such service or to comply with such law, order, or
requirement of the said commission or other lawful authority. Such
court may, upon such showing, appoint a receiver for such purpose who
shall thereupon qualify as other receivers are qualified and shall
thereupon have and exercise the same rights and be subject to the same
duties and obligations as now provided by law for public utilities. Such
receivership shall be continued, until it is found by the court that said
telephone company will, in all reasonable probability, comply in the
future with all rules and orders applicable thereto. Such finding shall
be entered only after hearing upon notice to the commission. In
construing and enforcing the provisions of this section, the act,
omission, or failure of any officer, agent, or other person acting for or
employed by any public utility acting within the scope of the officer's,
agent's, or person's employment shall in every case be deemed to be the
act, omission, or failure of such public utility.
Formerly: Acts 1947, c.270, s.2. As amended by P.L.23-1988,
SEC.57; P.L.84-2016, SEC.34.