Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 5 - RAILROADS
Rule 1 - Tariffs and Rates
Section 1-11 - Burden of proof
Universal Citation: 105 IN Admin Code 1-11
Current through March 20, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 11.
(a) General-The burden shall be on the protestant to prove the matters described in 170 IAC 3-1.1-8[section 8 of this rule].
(b) Market Dominance:
(1) Jurisdiction-The respondent railroad
shall bear the burden of showing that the commission lacks jurisdiction to
review the proposed rate because the rate produces a revenue-variable cost
percentage that is less than the percentages found in 49 U.S.C. Sec.
10709(d)(2). The railroad may meet its burden of proof by showing the
revenue-variable cost percentage for that transportation to which the rate
applies is less than the threshold percentage cited in 49 U.S.C. Sec.
10707(d)(2). The protestant may rebut the railroad's evidence with a showing
that the revenue-variable cost percentage is equal to or greater than the
threshold percentage in 49 U.S.C. Sec. 10709(d)(2).
(2) Intramodal and intermodal competition-The
protestant shall bear the burden of demonstrating that there exists no
effective intramodal or intermodal competition for the transportation to which
the rate applied. Respondent railroad may rebut the protestant's showing with
evidence that effective intramodal or intermodal competition exists.
(3) Product and geographic competition-If
intramodal and intermodal competition is shown not to exist, the respondent
railroad shall have the burden of proving that either product or geographic
competition for the involved transportation does exist. The protestant shall
then have the burden of proving that such competition is not
effective.
(c) Reasonableness:
(1) Rate increases:
(A) Protestant's burden of proof-A party
protesting a rate increase shall bear the burden of demonstrating its
unreasonableness if such rate:
(i) is
authorized under 49 U.S.C. Sec. 10707a; and
(ii) results in a revenue-variable cost
percentage for the transportation to which the rate applied that is less than
the lesser of the percentages described in clauses (i) and (ii) of 49 U.S.C.
Sec. 10707a(e)(2)(A).
(B) Respondent's burden of proof-The
respondent railroad shall bear the burden of demonstrating the reasonableness
of a rate increase if such rate:
(i) is
greater than that authorized under 49 U.S.C. Sec. 10707a, or
(ii) results in a revenue-variable cost
percentage for the transportation to which the rate applied that is equal to or
greater than the lesser of the percentage described in clauses (i) and (ii) of
the 49 U.S.C. Sec. 10707a(e)(2)(A); and
(iii) it is subjected to an investigation by
the commission under 49 U.S.C. Sec. 10707.
(2) Rate decreases-A party protesting a rate
decrease shall bear the burden of demonstrating that the rate does not
contribute to the going concern value of the railroad, and is therefore
unreasonably low.
Transferred from Department of Transportation ( 100 IAC 6-1-11 ) to Indiana Department of Transportation ( 105 IAC 5-1-11 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
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