Section 105IAC5-1-7. Duration of suspension period

   The commission shall complete a proceeding commenced under 170 IAC 3-1.1-6 [section 6 of this rule] within five months from the effective date of the proposed rate, classification, rule or practice except that if the commission reports to the interstate commerce commission that it cannot make a final decision within that time and explains the reason for the delay, it may then take an additional three months to complete the proceeding and make a final decision.

  If the commission does not render a final decision within the applicable time period the rate, classification, rule or practice shall become effective immediately or, if already in effect, shall remain in effect.

  However, if a railroad makes a tariff filing to adjust an intrastate rate, rule or practice under 49 U.S.C. Sec. 11501(d) to that of similar traffic moving in interstate commerce, and the commission investigates or suspends such tariff filing, the carrier may apply to the interstate commerce commission to review the matter if the public service commission of Indiana has not acted with finality by the 120th day after the tariff was filed. If the carrier elects not to refer the matter to the interstate commerce commission the public service commission [sic., of] Indiana may decide the issue within five months, as provided for in this subsection. (Indiana Department of Transportation; 105 IAC 5-1-7; filed May 18, 1983, 2:18 p.m.: 6 IR 1203; filed Feb 27, 1985, 9:24 a.m.: 8 IR 769; 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 6-1-7) to Indiana Department of Transportation (105 IAC 5-1-7) by P.L.112-1989, SECTION 5, effective July 1, 1989.