Section 45IAC16-3-21. Changes in rates; application for special permission

   APPLICATIONS FOR SPECIAL PERMISSION. (a) Rates changed on less than statutory notice. Section 17 of the Motor Carrier Act, as amended, authorizes the Commission in its discretion and for good cause shown to permit changes in rates 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 rates of a competing carrier that has given statutory notice of change in rates will not of itself be regarded as good cause for permitting changes in rates 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) Permission will not issue to modify formal orders. When a formal order of the Commission requires publication on a stated number of days' notice, a request 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 must be by carrier or agent authorized to file tariff. Applications for permission to establish rates, rules, or other provisions on less than statutory notice, or for waiver of provisions of these rules 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) Number of copies. (1) Two copies of applications (including amendments thereto and exhibits made a part thereof) shall be sent to the Public Service Commission of Indiana, Transportation-Tariff Department, 901 State Office Bldg., Indianapolis, Indiana 46204.

  (2) Application shall be made on paper either 8 x 10 1/2 or 8 1/2 x 11 inches, shall be in substantially the form shown herein below, and shall give all the information required by these rules, 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.

___________________________________

(Address)

___________________________________

(Date)

Application No._____

To The Public Service Commission of Indiana Indianapolis, Indiana 46204

___________, by __________________________ for and on behalf (Name of Carrier) (Name of officer, specifying title) of all carriers parties to its Tariff P.S.C.I. No._____, does hereby petition the Public Service Commission that he (it) be permitted, under Section 17 of the Motor Carrier Act, and as amended, to put in force the following tariff provisions to become effective _____ days after the filing thereof with the Public Service Commission:

(Here show matter as directed by paragraph (e)(1) of this rule [this section].)

  Your petitioner further represents that the said: (state whether rates, charges, classification ratings, or other provisions) above mentioned will be published in (here show matter as directed by paragraph (e)(2) of this rule [this section]).

(Here state matter as directed by paragraph (e)(3) of this rule [this section].)

(Here state matter as directed by paragraph (e)(4) of this rule [this section].)

(Here state fully matter as directed by paragraph (e)(5) of this rule [this section].)

(Here show justification as directed by paragraph (e)(6) of this rule [this section].)

_____________________________

(Name of carrier)

By_____________________________

(Name and title)

Verification:*

The above statement was subscribed and sworn to before me this _____ day of _____, 19_____.

____________________________

(Notary Public)

  When the publication is made by an agent, appropriate change should be made in the introductory and closing paragraphs of this form.

  * Only the original need be executed.

  (e) Applications shall show. 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 rates, 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 P.S.C.I. numbers of the publications in which the proposed rates, ratings, rules or other provisions will be published. If publication is to be made in supplements to tariffs already referred to, this fact shall be shown.

(3) The application shall set forth the rates 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 P.S.C.I. number and supplement number to the tariffs or supplements in which rates 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 cancellations will be made must be definitely indicated.

(4) The application shall state the names of carriers known to maintain competitive rates, charges, classification ratings, or rules between the same points or points related thereto, together with the P.S.C.I. No. TR- of the tariffs and supplements thereto containing such provisions.

(5) The application shall state whether such carriers have been advised of the proposed rates, 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 provisions, a brief statement of their views will 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 requested permission is justified. If permission to establish provisions on less than statutory notice is sought, the petitioner shall state why the proposed provisions could not have been established upon 30 days' notice.

  (f) Partial use of permission prohibited. 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. 33034: Common Carrier Freight Tariffs and Classifications PT A, Rule 19; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 501) NOTE: Transferred from the Indiana Utility Regulatory Commission (170 IAC 2-3-21) to the Department of State Revenue (45 IAC 16-3-21) by P.L.72-1988, SECTION 12, effective July 1, 1988.