Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 5 - RAILROADS
Rule 1 - Tariffs and Rates
Section 1-42 - Contract enforcement

Universal Citation: 105 IN Admin Code 1-42

Current through March 20, 2024

Authority: IC 8-1-1-3

Affected: IC 8-3-1-3; IC 8-3-1-8

Sec. 42.

(a) The exclusive remedy for an alleged breach of a contract approved by the commission shall be an action in an appropriate state court or United States District Court, unless the parties otherwise agree in the contract.

(b) The commission may not require a rail carrier to violate the terms of a contract that has been approved under 170 IAC 3-1.1-40.1(f)[section 40(f) of this rule], except to the extent necessary to comply with 49 U.S.C. Sec. 11128.

Transferred from Department of Transportation ( 100 IAC 6-1-42 ) to Indiana Department of Transportation ( 105 IAC 5-1-42 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.

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