Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 5 - RAILROADS
Rule 1 - Tariffs and Rates
Section 1-22 - Formal complaints; damages sought
Current through March 20, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 22.
A formal complaint seeking damages, when permitted under the Act, shall be filed with the commission within the statutory period, and shall contain such data as will serve to identify with reasonable definiteness the shipments or transportation services in respect of which damages are sought. Such complaint shall state:
(1) that complainant makes claim for damages;
(2) the name of each individual seeking damages;
(3) the names of defendants against which claim is made;
(4) the commodities, the rate applied, the date when the charges were paid, by whom paid, and by whom borne;
(5) the period of time within which or the specific dates upon which the shipments were made, and the dates when they were delivered or tendered for delivery;
(6) the points of origin and destination, either specifically or, where they are numerous, by definite indication of a defined territorial or rate group of the points of origin and destination and, if known, the routes of movement; and
(7) the nature and amount of the injury sustained by each claimant.
If a complaint seeking the award of damages contains a claim on any shipment which has been the subject of a previous informal or formal complaint to the commission, reference to such complaint shall be given.
Transferred from Department of Transportation ( 100 IAC 6-1-22 ) to Indiana Department of Transportation ( 105 IAC 5-1-22 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
