Section 105IAC5-1-6. Commencement of proceedings

   When a new individual or joint rate (except general rate increases, inflation-based increases, or fuel adjustment surcharges filed under the provisions of 49 U.S.C. (b)(6) over which the public service commission of Indiana has no jurisdiction) or an individual or joint classification, rule, or practice related to a rate is filed with the public service commission of Indiana by a rail carrier the commission may:

(1) upon its own initiative, commence an investigation proceeding, or

(2) upon protest of an interested party commence an investigation proceeding, or

(3) upon protest of an interested party commence an investigation and suspension proceeding

to determine whether the proposed rate, classification, rule or practice is discriminatory, unreasonable, or in any other way violates applicable law.

  Rates based on limited carrier liability may be published and filed with the commission, without prior approval, pursuant to 49 U.S.C. Sec. 10730. However, such rates will be subject to protest on grounds such as unreasonableness or nonconformance with the tariff publication requirements found in 49 CFR 1300.4(i)(11).

  The commission shall give reasonable notice to interested parties before beginning a proceeding. However, the commission may begin the proceeding without allowing an interested party to file an answer. (Indiana Department of Transportation; 105 IAC 5-1-6; filed May 18, 1983, 2:18 p.m.: 6 IR 1202; 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 6-1-6) to Indiana Department of Transportation (105 IAC 5-1-6) by P.L.112-1989, SECTION 5, effective July 1, 1989.