Section 45IAC16-2-15. Changes in fares and charges; application for special permission

   Application for Special Permission. (a) The Motor Vehicle Act, 1941, authorizes the Commission in its discretion and for good cause shown to permit changes in fares and charges on less than statutory notice, and also to permit departure from the Commission's regulations. The Commission will exercise this authority only in cases where actual emergency and real merit are shown. Desire to meet the fares and charges of a competing carrier that has given statutory notice of change in fares and charges will not of itself be regarded as good cause for permitting changes in fares and charges or other provisions on less than statutory notice. Clerical or typographical errors in tariffs constitute good cause for the exercise of this authority, but every application based thereon must plainly specify the error, together with a full statement of the attending circumstances and must be presented with reasonable promptness after issuance of the defective tariff, supplement or revised page.

  (b) When a formal order of the Commission requires publication on a stated number of days' notice, a request addressed to the Tariff Bureau for authority to file on less notice will not be granted. In any such instance a petition for modification of the order should be filed on the formal docket.

  (c) Applications for permission to establish fares, charges, rules, or other provision on less than statutory notice, or for waiver of the provisions of this tariff circular must be made by the carrier or agent that holds authority to file the proposed publication. If the application requests permission to make changes in joint tariffs, it must state that it is filed for and on behalf of all carriers parties to the proposed change.

  (d) Two copies of applications (including amendments thereto and exhibits made a part thereof) shall be addressed to the Public Service Commission of Indiana, Room 401, State House, Indianapolis 4, Indiana.

  Applications shall be made on paper 8 by 10 1/2 inches, and shall give all the information required by this rule together with any other pertinent facts. They shall be numbered consecutively and must bear the signature of the carrier or its agent or officer, specifying title.

  (e) Applications shall show the following information:

(1) The proposed tariff provisions shall be set forth clearly and completely. An accompanying exhibit may be used if identified by letter, such as Exhibit A, and so referred to in the application. If the proposed provisions consist of fares or charges, all points of origin and destination must be shown or definitely indicated; if permission is sought to establish a rule, the exact wording of the proposed rule must be given.

(2) The application shall show the tariffs and PSCI No. B_____ numbers of the publications in which the proposed fares, charges, ratings, rules or other provisions will be published. If the publication is to be made in supplements to tariffs already referred to, this fact shall be shown.

(3) The application shall set forth the fares, charges, or tariff provisions which it is desired to change. Where the matter to be shown is voluminous or for other reasons difficult of presentation, it may be included in an accompanying exhibit, properly identified and referred to in the application. Reference shall be made by PSCI No. B_____ and supplement number to the tariffs or supplements in which fares, charges, or provisions to be superseded are published. If such provisions are published in numbered items or other units, reference shall be made thereto by number, or, if not so published, the pages of the publication on which the provisions appear shall be shown. The extent to which cancellation will be made must be definitely indicated.

(4) The application shall state the names of carriers known to maintain competitive fares, charges, classification ratings, or rules between the same points or points related thereto, together with the PSCI No. B_____ numbers of the tariffs and supplements thereto containing such provisions.

(5) The application shall state whether such carriers have been advised of the proposed fares, charges, classification ratings, or rules and whether they have been advised that it is proposed to establish such provisions on less than statutory notice. If competitive carriers have expressed their views in regard to the proposed provision, a brief statement of their views shall be given.

(6) The application shall state the special circumstances or unusual conditions which are relied upon as justifying the requested permission together with any related facts or circumstances which may aid the Commission in determining whether the statutory notice is sought, the petitioner shall state why the proposed provisions could not have been established upon 10 days' notice.

  (f) If the authority granted by special permission is used, it must be used in its entirety and in the manner set forth in the order of special permission. If it is not desired to use all of the authority granted and less or more extensive or different authority is desired, a new application complying with the provisions of this rule in all respects and referring to the previous permission must be filed. (Department of State Revenue; No. 17686: Construction and Filing of Common Carrier Passenger Fares Sec 4,Rule 14; filed Jan 2, 1946, 10:00 am: Rules and Regs. 1947, p. 1749) NOTE: Transferred from the Indiana Utility Regulatory Commission (170 IAC 2-2-15) to the Department of State Revenue (45 IAC 16-2-15) by P.L.72-1988, SECTION 12, effective July 1, 1988.