Current through March 20, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 14.
This section shall apply in connection with the filing of a
protest against a proposed rail rate, classification, rule or practice and the
reply thereto:
(1) Liberal
construction. This section shall be liberally construed to secure just, speedy
and inexpensive determination of the issues presented.
(2) Definitions.
(A) "Proceeding"-An investigation by the
commission into the propriety of a proposed rail rate.
(B) "Protestant"-A person opposed to any
tariff or schedule becoming effective.
(C) "Respondent"-The railroad and/or their
agent against whom the protest is filed or any other person designated by the
commission to participate in the proceeding.
(D) "Party"-Shall include the "protestant"
and "respondent" or others permitted or directed by the commission to
participate in the proceeding.
(E)
"Pleading"-A protest, reply to protest, a motion or any other written comment
relating to the proceeding.
(F)
"Person"-Shall include individuals as well as corporations, companies,
associations, firms, partnerships, co-partnerships, societies, joint stock
companies, or a trustee, receiver, assignee, or personal representative of
another individual.
(3)
Communications.
(A) The protest, reply and
any other pleadings relating to the proceeding will not be considered unless
made in writing and filed with the commission.
(B) The protest, reply, "Statement of
Monetary Adjustment" and other pleadings shall be addressed to:
Public Service Commission of Indiana
Transportation Department
901 State Office Building
Indianapolis, Indiana 46204
(C) The protest, reply or other pleadings
relating to the proceeding must be received for filing at the commission's
office within the time limits, if any, for such filing. The date of receipt at
the commission and not the date of deposit in the mail is
determinative.
(D) If, after
examination, the commission finds that the protest, reply, "Statement of
Monetary Adjustment" or other pleadings relative to the proceeding are not in
substantial compliance with the provisions of this section:
(i) the commission may decline to accept the
documents and may return them unfiled, or
(ii) the commission may accept the documents
for filing and advise the party tendering it of the deficiencies and require
that they be corrected.
(4) Signature and verification.
(A) The protest, reply or other pleadings
relating to the proceeding shall be signed in ink and the signer's address
shall be stated.
(B) The facts
alleged in a protest, reply or other pleadings shall be verified by the person
on whose behalf it is filed. If a protest, reply or other pleading is filed on
behalf of a corporation or other organization, it shall be verified by an
officer of such corporation or organization.
(5) Copies and service of documents.
(A) Copies:
(i) Protest-The original and two copies shall
be filed with the commission and one copy shall be simultaneously served upon
the publishing railroad or its publishing agent and upon other parties known by
the protestant to be interested in the proceeding.
(ii) Reply to protest-The original and two
copies shall be filed with the commission and one copy shall be simultaneously
served upon the protestant and upon the other parties named in the
protest.
(iii) Pleadings-The
original and two copies shall be filed with the commission and one copy shall
be simultaneously served upon all parties to the proceeding.
(B) Certificate of service-When a
protest, reply or pleading is filed with the commission it shall include a
certificate showing simultaneous service upon all parties to the proceeding.
Such service shall be made by delivery in person, or by
first-class mail, certified mail, registered mail, or by express or equivalent
parcel delivery service, properly addressed with charges prepaid, one copy to
each party. Service upon the parties shall be by the same means of
communication and class of service employed in making delivery to the
commission. Provided, however, that when delivery is made to the commission in
person, and it is not feasible to serve the other parties in person, service
shall be made by first-class or express mail.
A certificate of service shall be in the following
form:
I certify that I have this day served the foregoing document
upon the following parties of record in this proceeding (here list the names
and addresses of parties served) by (here state the precise manner of making
service).
Dated at _____________ , this _____ day of _____ , 19 _____
.
__________________________________________
(Signature)
(6) Content and timing.
(A) Protest:
(i) Content:
(AA) Identification-The protested tariff
should be identified by making reference to the name of the railroad or its
publishing agent, to the public service commission of Indiana docket number, to
the specific items or particular provisions protested and to the effective date
of the protested publication. Reference should also be made to the tariff and
specific provisions thereof that are proposed to be superseded.
(BB) Grounds for suspension-The protest shall
incorporate sufficient facts to:
(aa) meet the
criteria for suspension as set forth in 170 IAC 3-1.1-8[section 8 of
this rule]; and
(bb) to
sustain the applicable burdens of proof as set forth in 170 IAC
3-1.1-11[section 11 of this rule]. Further, the protest should
include any additional information that would support suspension of the
proposed rate.
(ii) Timing: A protest against and a request
for suspension of a tariff filed by a railroad or its publishing agent shall be
received by the commission at least:
(AA) ten
days prior to the effective date, when the proposed change is to become
effective upon not less than 20 days notice;
(BB) five days prior to the effective date,
when the proposed change is to become effective upon not less than 10 days
notice.
(B)
Reply to protest:
(i) Content-The reply shall
adequately identify the protested tariff. Further, it shall contain sufficient
facts to rebut the allegations made in the protest and to sustain the
applicable burdens of proof as set forth in 170 IAC 3-1.1-11[section 11
of this rule] .
(ii)
Timing-A reply to a protest must be received by the commission not later than:
(AA) the fourth working day prior to the
effective date when the proposed change is to become effective upon not less
than 20 days notice;
(BB) the
second working day prior to the effective date when the proposed change is to
become effective upon not less than 10 days notice.
(C) Emergency protests and replies:
In emergencies, telegraphic protests and replies are acceptable provided that
the provisions of subsection (3) and (5)(A)-only the telegram and the original
signed verified copy need be filed with the commission-(6)(A) and (6)(B) are
complied with. The telegrams shall include statements to the effect that they
are copies of original protests or replies which have been signed, verified,
and mailed to the commission. The telegrams shall also indicate the method of
verification (e.g., by statements sworn to before a notary public). The
telegrams shall also include a certification that copies either have been, or
will be immediately, telegraphed to the proponent carriers or their publishing
agents in the case of protests, or to the protestants in case of
replies.
(D) Nonsuspension of
investigation: Should a protestant desire to proceed further against a tariff
which is not suspended or investigated or which has been suspended and the
suspension vacated and the investigation discontinued, a separate later
complaint should be filed.
Transferred from Department of Transportation ( 100 IAC
6-1-14 ) to Indiana Department of Transportation ( 105 IAC 5-1-14 ) by P.L.
112-1989, SECTION 5, effective July 1, 1989.