§ 8-2-19-1 — Suspension pending transportation department determination

Indiana § 8-2-19-1

• Jurisdiction: Indiana
• Art. 2: REGULATION OF CARRIERS GENERALLY
• Ch. 19: Suspension of Certain Railroad Freight Rates

Text

(a) Whenever there is filed with the Indiana
department of transportation a schedule stating a new individual or
joint rate or charge, a new individual or joint classification, or a new
individual or joint regulation or practice affecting a rate or charge, the
department has the authority, either upon complaint or upon its own
initiative without complaint, at once, if it so orders, without answer or
other formal pleadings by the interested carrier or carriers, upon
reasonable notice, to hold a hearing concerning the propriety of the
rate, charge, classification, regulation, or practice.
(b) Pending a hearing and the decision, the Indiana department of
transportation, upon filing with the schedule and delivering to the
carrier or carriers a statement in writing of its reason may suspend the
operation of the schedule and defer the use of the rates, charge,
classification, regulation, or practice, for a period not longer than one
hundred and twenty (120) days beyond the time when the rate, charge,
classification, regulation, or practice would otherwise go into effect.
(c) After full hearing, whether completed before or after the rate,
charge, classification, regulation, or practice goes into effect, the
Indiana department of transportation may make an order as would be
proper in a proceeding initiated after it had become effective.
(d) If a hearing cannot be concluded within the period of
suspension, the Indiana department of transportation may extend the
time of suspension for a period not exceeding thirty (30) days, and if
the proceeding has not been concluded and an order made at the
expiration of thirty (30) days, the proposed change of rate, charge,
classification, regulation, or practice shall go into effect at the end of
the period.
(e) At a hearing involving a rate sought to be increased, the burden
of proof to show that the increased rate or proposed increased rate is
just and reasonable is upon the common carrier. The Indiana
department of transportation shall give to the hearing and decision of
such questions preference over all other questions pending before it
and decide the same as speedily as possible.
Formerly: Acts 1911, c.186, s.1; Acts 1929, c.143, s.1. As
amended by P.L.59-1984, SEC.116; P.L.89-1985, SEC.10;
P.L.18-1990, SEC.32.