Section 105IAC5-1-13. Suspension actions; monetary adjustments

   (a) Rate Increases With No Suspensions─In the event the commission does not suspend but investigates a proposed rate increase under 170 IAC 3-1.1-8 [section 8 of this rule], the commission shall require the rail carrier to account for all amounts received under the increase until the commission completes its proceedings under 170 IAC 3-1.1-7 [section 7 of this rule]. The accounting shall specify by whom and for whom the amounts are paid. When the commission takes final action, it shall require the carrier to refund to the person for whom the amounts were paid that part of the increased rate found to be unreasonable, plus interest at a rate equal to the average yield (on the date that the "Statement of Monetary Adjustment" is filed) of marketable securities of the United States government having a duration of 90 days.

  (b) Rate Increases With Suspension─If a rate is suspended under 170 IAC 3-1.1-8 [section 8 of this rule] and any portion of such rate is later found to be reasonable the carrier shall collect from each person using the transportation to which the rate applies the difference between the original rate and the portion of the suspended rate found to be reasonable for any services performed during the period of suspension, plus interest at a rate equal to the average yield (on the date that the "Statement of Monetary Adjustment" is filed) of marketable securities of the United States government having a duration of 90 days.

  (c) Rate Decreases With Suspension─In the event the commission suspends a proposed rate decrease under 170 IAC 3-1.1-8 [section 8 of this rule] which is later found to be reasonable, the rail carrier must refund any part of the decrease found to be reasonable if the carrier makes the refund available to each shipper who participated in the rate, in accordance with the relative amount of such shipper's traffic transported at such rate. (Indiana Department of Transportation; 105 IAC 5-1-13; filed May 18, 1983, 2:18 p.m.: 6 IR 1205; filed Feb 27, 1985, 9:24 a.m.: 8 IR 771; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 6-1-13) to Indiana Department of Transportation (105 IAC 5-1-13) by P.L.112-1989, SECTION 5, effective July 1, 1989.