Indiana § 8-2.1-22-20 Filing of schedule stating new rate or charge; hearing; burden of proof;
suspension

Indiana Statutes

§ 8-2.1-22-20 — Filing of schedule stating new rate or charge; hearing; burden of proof; suspension

Indiana·Art. 2.1 MOTOR CARRIER REGULATION·Ch. 22 Transportation of Passengers and Household Goods

(a)This section applies whenever there is filed with the department any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers or household goods by a common carrier or carriers by motor vehicle, or by a carrier or carriers in conjunction with a common carrier or carriers by railroad or water in intrastate commerce, or any rule or practice affecting the rate, fare, or charge, or the value of the service.

(b)Upon complaint of any interested party or upon its own initiative at once and if it so orders, without answer or other formal pleading by the interested carrier or carriers but upon reasonable notice, the department may enter upon a hearing concerning the lawfulness of a rate, fare, or charge, or a rule or practice. Pendin

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(a) This section applies whenever there is
filed with the department any schedule stating a new individual or joint
rate, fare, charge, or classification for the transportation of passengers
or household goods by a common carrier or carriers by motor vehicle,
or by a carrier or carriers in conjunction with a common carrier or
carriers by railroad or water in intrastate commerce, or any rule or
practice affecting the rate, fare, or charge, or the value of the service.
(b) Upon complaint of any interested party or upon its own initiative
at once and if it so orders, without answer or other formal pleading by
the interested carrier or carriers but upon reasonable notice, the
department may enter upon a hearing concerning the lawfulness of a
rate, fare, or charge, or a rule or practice. Pending the hearing and the
decision on the hearing, the department, by filing with the schedule and
delivering to the carrier or carriers affected by the hearing a statement
in writing of its reasons for the suspension, may from time to time
suspend the operation of the schedule and defer the use of the rate, fare,
charge, or classification, or the rule, regulation, or practice, but not for
a longer period than one hundred eighty (180) days beyond the time
when it would otherwise go into effect. After hearing, whether
completed before or after the rate, fare, charge, classification, rule or
practice goes into effect, the department may make the order with
reference thereto as would be proper in a proceeding instituted after it
has become effective.
(c) If the proceeding has not been concluded and an order made
within the period of suspension, the proposed change of rate, fare, or
charge, or classification, rule or practice, goes into effect at the end of
the period.
(d) At any hearing involving a change in a rate, fare, charge, or
classification or in a rule or practice, the burden of proof is on the
carrier to show that the proposed rate, fare, charge, classification, rule
or practice is just and reasonable.

Indiana § 8-2.1-22-20 (Filing of schedule stating new rate or charge; hearing; burden of proof; suspension) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.