Section 105IAC5-1-8. Grounds for suspension

   The commission may not suspend a proposed rate, classification, rule, or practice unless it appears from the specific facts shown by the verified statement of a person that:

(1) it is substantially likely that the protestants will prevail on the merits;

(2) without suspension, the proposed rate change will cause substantial injury to the protestant or the party represented by the protestants; and

(3) because of the peculiar economic circumstances of the protestant, the provisions of 170 IAC 3-1.1-13 [section 13 of this rule] do not protect the protestant.

(Indiana Department of Transportation; 105 IAC 5-1-8; 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 6-1-8) to Indiana Department of Transportation (105 IAC 5-1-8) by P.L.112-1989, SECTION 5, effective July 1, 1989.