Section 105IAC5-1-14. Filing procedures

   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.

(Indiana Department of Transportation; 105 IAC 5-1-14; 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 6-1-14) to Indiana Department of Transportation (105 IAC 5-1-14) by P.L.112-1989, SECTION 5, effective July 1, 1989.