Section 99. Changes in fares and charges; notice required; power of suspension by the commissioner  


Latest version.
  • 1.  Unless  the  commissioner  otherwise
      orders,  no  change  shall be made in any rate, fare or charge, or joint
      rate, fare or charge, which shall have been filed  and  published  by  a
      common  carrier  in  compliance  with  this chapter, except after thirty
      days' notice to the commissioner and  publication  for  thirty  days  as
      required  by section ninety-eight, which shall plainly state the changes
      proposed to be made in the schedule then in force, and the time when the
      changed rate, fare or charge will  go  into  effect;  and  all  proposed
      changes  shall be shown by printing, filing and publishing new schedules
      or shall be plainly indicated upon the schedules in force  at  the  time
      and  kept  open  to  public inspection. The commissioner, for good cause
      shown, may allow changes in rates without  requiring  the  thirty  days'
      notice   and  publication  herein  provided  for,  by  duly  filing  and
      publishing in such manner as he  may  direct  an  order  specifying  the
      change  so made and the time when it shall take effect; all such changes
      shall be immediately indicated upon its schedules by the common carrier.
      Whenever there shall be  filed  with  the  commissioner  by  any  common
      carrier  any  schedule  stating  a new individual or joint rate, fare or
      charge, or any  new  individual  or  joint  classification  or  any  new
      individual  or  joint regulation or practice affecting any rate, fare or
      charge, the commissioner shall have and he is  hereby  given  authority,
      either  upon  complaint or upon his own initiative without complaint, at
      once, and if he so orders without answer or other formal pleading by the
      interested carrier or carriers, but upon  reasonable  notice,  to  enter
      upon  a  hearing  concerning  the  propriety of such rate, charge, fare,
      classification, regulation or practice; and  pending  such  hearing  and
      decision  thereon,  the commissioner upon filing with such schedule, and
      delivering to the carrier or carriers affected thereby, a  statement  in
      writing of his reasons for such suspension, may suspend the operation of
      such   schedule   and   defer  the  use  of  such  rate,  fare,  charge,
      classification, regulation or practice, but not for a longer period than
      one hundred and twenty days  beyond  the  time  when  such  rate,  fare,
      charge,  classification,  regulation or practice would otherwise go into
      effect; and after full hearing whether completed  before  or  after  the
      rate,  fare,  charge,  classification,  regulation or practice goes into
      effect, the commissioner may make such order in reference to such  rate,
      fare, charge, classification, regulation or practice, as would be proper
      in  a proceeding initiated after the rate, fare, charge, classification,
      regulation or practice had become effective. Provided, that if any  such
      hearing  cannot  be  concluded within the period of suspension, as above
      stated, the commissioner may, in his  discretion,  extend  the  time  of
      suspension   for   a  further  period  not  exceeding  six  months.  The
      commissioner may as authorized by subdivision one of section one hundred
      nineteen establish temporary rates for any period  of  suspension  under
      this  section.  At  any hearing involving a rate, the burden of proof to
      show that the change in rate if proposed by the common carrier, or  that
      the  existing  rate,  if on motion of the commissioner or in a complaint
      filed with the commissioner it is proposed to reduce the rate,  is  just
      and  reasonable  shall  be upon the common carrier; and the commissioner
      may give to the hearing and decision of such questions  preference  over
      all  other  questions pending before him and decide the same as speedily
      as possible.