§ 8-1-3-7 — Determination of appeal; remand of proceedings for rehearing; injunctions

Indiana § 8-1-3-7

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 3: Judicial Review of Utility Regulatory Commission

Text

(a) Upon determination of the appeal, the court
shall have jurisdiction to affirm or set aside such decision, ruling, or
order of the commission, in whole or in part, or remand the proceeding
to the commission with instructions. No evidence beyond that
contained in the record of the proceedings before the commission shall
be considered or received by the court, except that in cases where
issues of confiscation or of constitutional right are involved, the court,
on its own motion or verified petition of a party, may order such
additional evidence as it deems necessary for the determination of such
issues to be taken before the commission and to be received at the
hearing before the commission in such manner and upon such terms
and conditions as the court shall order.
(b) If a new hearing is ordered under subsection (a), the commission
is not required to receive any evidence as to facts which were in
existence at the time of the prior commission hearing or hearings,
except upon a showing, either to the court in the first instance, or the
commission, upon the hearing, that:
(1) the evidence was not available for presentation to the
commission prior to the entry of its final decision, ruling, or order,
or prior to the determination of the commission upon the petition
for rehearing, if a petition for rehearing was filed; and
(2) due diligence was exercised by the party offering the evidence
to procure and present the evidence to the commission prior to the
entry of its final decision, ruling, or order, or its determination
upon the petition for rehearing, if any was filed.
(c) Whenever the court shall order additional evidence to be taken
the commission shall promptly hear and report the evidence to the
court so that the proof may be brought as nearly as reasonably possible
down to the date of its report to the court. The commission may, after
hearing such evidence, modify its findings as to facts and its original
decision, ruling, or order, and it shall file with the court the amended
decision or orders and any modified or new findings.
(d) If the commission modifies or amends its original decision or
orders, the appealing party or any other party aggrieved by the modified
or amended decision or order may file with the court, within the time
allowed by the court, a specification of any errors of law claimed to
have been made by the commission in the modified decision or orders.
A specification of errors shall be considered by the court in addition to
the errors of law asserted in the assignment or assignments of error.
(e) The supreme court and the court of appeals, as the case may be,
have jurisdiction, upon application of the commission or any party, to
order or enjoin temporarily or permanently the enforcement of any
determination, ruling, or order of the commission made in the cause.
(f) The supreme court and the court of appeals, as the case may be,
also have jurisdiction upon application of a public utility to issue
temporary injunctions protecting the utility in the collection of rates
determined by the court to be nonconfiscatory during the pendency of
the proceeding and until nonconfiscatory rates are fixed by the
commission if existing rates are finally determined to be confiscatory,
with appropriate provisions as to bonds and refunds.
Formerly: Acts 1957, c.189, s.7. As amended by P.L.3-1989,
SEC.54.