§ 8-2.1-22-19 — Complaints; fixing of routes or rates

Indiana § 8-2.1-22-19

• Jurisdiction: Indiana
• Art. 2.1: MOTOR CARRIER REGULATION
• Ch. 22: Transportation of Passengers and Household Goods

Text

(a) Any person or governmental entity may
complain in writing to the department that any rate, fare, charge, tariff,
classification, rule or practice in effect, or proposed to be put in effect
by any carrier or carriers is, or will be, in violation of this chapter.
When such a complaint is made, the department shall, after due notice
to the carrier or carriers complained of, hear the complaining parties.
(b) If the department is of the opinion that any individual or joint
rate, fare, tariff, charge, or classification being made or demanded by
any common carrier or carriers subject to this chapter or by any
common carriers operating in conjunction with common carriers by
railroads or by water is, or will be, unjust and unlawful and
unreasonable or unjustly discriminatory, or unduly preferential or
unduly prejudicial, it shall determine and prescribe lawful maximum
or minimum, and maximum and minimum rates, fares, charges, tariffs,
rules, and classifications thereafter to be observed or thereafter to be
made effective. The department may, on its own initiative, without
complaint, whenever deemed by the department to be necessary and
desirable in the public interest, establish through routes, joint
classifications, joint rates, fares, charges, tariffs, regulations, or
practices for the transportation of passengers or household goods by
common carriers by motor vehicle or the carrier by railroad or by
water, and may fix the maximum or minimum or the maximum and
minimum rates to be charged and the terms and conditions under which
the fares and charges shall be applied and the routes to be operated.
(c) The department may, after hearing or on its own initiative,
prescribe what the just, reasonable, and equitable division of rates,
fares, and charges are to be received and collected by the several
carriers and require adjustment to be made between those carriers in
accordance therewith. In those cases the department may require
adjustment or division between the carriers from the date of filing the
complaint or the entry of the order or any other date subsequent thereto
as the department finds is just and reasonable, and in case joint rates
are fixed by the department, the order as to those divisions may be
made effective as of the date on which the investigation was ordered.

Legislative History

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.15.