justicedao/ipfs_state_laws huggingface dataset:
740-050-0010 Regulation of Oregon Intrastate Motor Carrier Rates and Routes, Classifications and Mileage Guides (1) “Participating carriers” means a carrier for whom an agent files a tariff, or any part thereof, with the Department for review and approval. (2) To provide antitrust immunity to persons who collaborate for the purpose of determining all rates for the transportation of household goods for the transportation of other property, classifications, mileage guides and other publications relating to the transportation of property, the Department will accept for review and approval tariffs and other relevant submissions presented by carriers or their agents. The following apply to mileage guides: (a) Mileage guides, electronic or otherwise, or any amendments thereto, shall be submitted to the Department for approval; and (b) The Department shall, within 60 days, determine the accuracy of the mileage guide, or amendments thereto, and shall either accept or reject the submission. In determining accuracy, the Department shall, to the extent possible, rely on the Official Highway Map of Oregon. (4) The rules of the Department in division 50 shall apply: (a) To the transportation of household goods; and (b) To tariff provisions relating to classifications and mileage guides which have been submitted to the Department for review and approval. (5) Tariffs which are subject to the jurisdiction of the Department and are filed by a carrier for review and approval may be filed by an authorized agent of the carrier if the carrier has provided the agent with a written power of attorney authorizing the agent to act on its behalf. A tariff published and filed by an agent on behalf of a carrier shall identify clearly the carrier for whom the tariff is being published. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100, 825.200, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 6-1996, f. & cert. ef. 12-19-96 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0000 PUC 2-1995, f. & cert. ef. 3-13-95, Order No. 95-266 PUC 17-1994(Temp), f. 12-28-94, cert. ef. 1-1-95, Order No. 94-1954
740-050-0020 Tariffs and Time Schedules Must Conform to Rules Prescribed Herein and Must Be Filed All tariffs related to the intrastate for-hire transportation of household goods must be filed and compiled in compliance with and conform to these rules. The Department may direct the reissuance of any such tariff or time schedule at any time. Statutory/Other Authority: ORS 823.011, 825.200, 825.202 & 825.224 Statutes/Other Implemented: ORS 825.200, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0005 PUC 156-1973, f. 8-6-73, cert. ef. 8-15-73, Order No. 73-507, Renumbered from 860-037-0005 PUC 148, f. 7-29-68, cert. ef. 9-1-68, Order No. 4478 PUC 135, f. 5-9-66, cert. ef. 5-15-66, Order No. 42332 PUC 120, f. 10-26-62, cert. ef. 11-15-62, Order No. 38811 PUC 69, f. 9-10-59, cert. ef. 7-1-33, Order No. 2115
740-050-0050 Size and Form of Tariffs and Time Schedules (1) Tariffs and time schedules must be in book, loose-leaf, sheet or pamphlet form. Individual pages to loose leaf tariffs shall be designated so that changes can be made by reissuing individual pages or pages published as a unit. (2) Tariffs and time schedules or supplements thereto containing five or more pages must be printed on regular letter size paper of good quality, 8 or 8-1/2 x 11 inches, from type of size not less than 6 point, full face. Tariffs and time schedules containing four pages or less may be typewritten, provided all copies are clear and legible. Alterations in writing or erasures must not be made. Reproduction may be by any process, providing all copies are clear and permanently legible. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.200, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 6-1996, f. & cert. ef. 12-19-96 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0020 PUC 156-1973, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-037-0020 PUC 148-1968, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135-1966, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 69, f. 9-10-58, cert. ef. 9-10-59, (Order No. 2115)
740-050-0060 Form of Appointment of Agent The following form will be used in giving a power of attorney to an agent: POWER OF ATTORNEY To be filed with the Oregon Department of Transportation __________(Name of Carrier in full)________ ___________(Place)__________(Date)_______ Form A.F. 1 No.__________ To the OREGON DEPARTMENT OF TRANSPORTATION Salem, Oregon This is to certify that (name of carrier) has made, constituted and appointed and by these presents does make, constitute and appoint (name of person appointed) the true and lawful attorney and agent for the said carrier and in its name, place and stead: (1) for it alone, and (2) for it jointly with other carriers, to file tariffs, classifications, and exception sheets and supplements thereto, as required of transportation companies under the laws of Oregon and rules and regulations established by the Oregon Department of Transportation, thereunder for the period of time, the traffic and territory herein named: _______________________________________ _______________________________________ And the said (name of carrier) does hereby give and grant unto said attorney and agent full power and authority to do and perform all and every act and thing above specified, as fully to all intents and purposes as if the same were done and performed by the said carrier, hereby ratifying and confirming all that said attorney and agent may lawfully do by virtue hereof, and assuming full responsibility for the acts and neglects of said attorney and agent hereunder. IN WITNESS WHEREOF, the said carrier has caused these presents to be signed (in its name by its legal executive officer) at __________ in the State of Oregon, on this_____ day of __________, 19__. __________(Name of Carrier)__________ By: __________(Name of Officer)__________ __________(Title of Officer)__________ Attest: (Corporate Seal) Carrier issuing this form will file the original with the Department and will furnish duplicate to the agent to whom power of attorney is given. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-067-0025 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-037-0025 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 69, f. 9-10-58, cert. ef. 9-10-59, (Order No. 2115)
740-050-0100 Adoption of Tariffs — Time Schedules (1) In case a for-hire household goods carrier tariff, is transferred from the operating control of one company to that of another, or when its name is changed, the new carrier, if it intends to use tariffs issued by the old carrier powers of attorney granted by the old carrier, shall issue and file supplements to such tariffs and/or time schedules containing an adoption notice reading substantially as follows: “The ____(Name of Carrier)____ hereby adopts, ratifies, and makes its own in every respect as if the same had been originally issued and filed by it, all tariffs, rules, notices, traffic agreements, divisions, authorities, powers of attorney, or other instruments whatsoever, filed with the Public Utility Commission of Oregon or the Oregon Department of Transportation by the ___(Name of Old Carrier)___ prior to (date) the beginning of its possession. By this notice it also adopts and ratifies all supplements or amendments to any of the above tariffs, which have heretofore been filed with said Commission or the Department.” (2) Powers of attorney so adopted must be replaced and superseded by new powers of attorney issued by and in the name of the new carrier, and in each instance cancelling the powers of attorney superseded. (3) In case a household goods carrier secures permission from the Department to temporarily discontinue operation of all or a part of its service, it shall issue and file supplements to its tariffs containing notice of such temporary discontinuance, and upon resumption of the discontinued service file further supplements containing notice of such resumption. (4) Adoption, discontinuance and resumption supplements shall be assigned the next consecutive supplement number. Adoption notices may be filed and made effective immediately. Discontinuance and resumption supplements will be made effective in accordance with the Department’s permission in each case. Such supplements will not be counted against the number of supplements permitted to such tariffs. (5) Subsequent amendments to adopted tariffs must be filed in consecutively numbered supplements until the tariffs are reissued. The reissued tariffs and/or time schedules shall be numbered in the ODOT Oregon series of the new carrier. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.200, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0045 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-037-0045 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 69, f. 9-10-58, cert. ef. 9-10-59, (Order No. 2115)
740-050-0110 Suspension of Tariff and Schedule Publications (1) When the Department suspends the operation and defers the use of a tariff the following course shall be pursued by carriers. (2) Upon receipt of the order of suspension the carrier or agent shall immediately issue and file with the Department a supplement stating that the tariff is under suspension and shall not be used until further and proper notice. (3) When the Department vacates an order of suspension, the carrier or agent who published and filed such suspended tariff or supplement thereto shall immediately issue and file with the Department a supplement stating the date upon which the tariff or supplement becomes effective. (4) Every suspension or vacation supplement issued under authority of this rule must bear on title page the following notation: “Issued under authority of OAR 740-050-0110 and in compliance with Order No.______ of the Oregon Department of Transportation of (date) __________, 20 __.” (5) Suspension and/or vacation supplements will be assigned the next consecutive supplement number and will not be counted against the number of supplements permitted to such tariffs. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-067-0050 PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-037-0050 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507) PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 69, f. 9-10-58, cert. ef. 9-10-59, (Order No. 2115)
740-050-0120 Rejected Tariffs When a tariff is rejected by the Department, it must not thereafter be referred to, nor the ODOT Oregon number or carrier’s serial number assigned thereto again used, except to note on a new publication that it is issued in lieu of such rejected tariff, i.e.: “In lieu of _____________, rejected by the Department.” Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.100, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-067-0055 PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-037-0055 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507) PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 69, f. 9-10-58, cert. ef. 9-10-59, (Order No. 2115)
740-050-0140 Posting of Tariffs (1) The provisions of this rule shall apply to for-hire carriers transporting household goods. (2) A copy of the tariffs of carriers showing all rates, classifications, charges, or rules and regulations affecting rates, classifications or charges shall be kept by every carrier readily accessible for inspection by the public at all reasonable times in every station or office of such carrier where property is received for transportation, when such station or office is in charge of an agent. (3) Agents shall be provided with facilities for tariffs in readily accessible form and shall be instructed and required to give information contained in such tariffs to lend assistance to seekers for information therefrom and to accord inquirers opportunity to examine any of said tariffs without requiring the inquirer to assign any reason for such desire. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.200, 825.202, 825.224 & 825.234 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0075 PUC 181, f. 12-30-77, cert. ef. 1-15-78, (Order No. 77-896), Renumbered from 860-037-0075 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507) PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 69, f. 9-10-58, cert. ef. 9-10-59, (Order No. 2115)
740-050-0220 Title Page of Every Tariff Title page of every tariff shall show: (1) Oregon DOT number of tariff at the top of the page, and immediately thereunder the Oregon DOT number or numbers, if any, cancelled thereby. Oregon DOT serial number will be assigned to each tariff and run consecutively. Tariff serial number of carrier may also be entered on title page, run consecutively and show cancellations. Separate serial Oregon DOT numbers will be used for tariffs related to household goods. (2) Name of issuing carrier or agent. (3) Whether tariff is local, and whether it is a class, commodity, mileage, or combination of same, or a tariff of rules and regulations. (4) The territory or points from, to or between which the tariff applies, briefly stated. Where detailed information is required, the title page may give reference to the items where the application of the tariff and the governing publications may be found. (5) Date of issue on the lower left and date effective on the lower right hand of the page. (6) Name, title and address of officer by whom tariff is issued on the lower part of the page. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.200, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0140 PUC 8-1988, f. & cert. ef. 4-6-88, (Order No. 88-334) PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-037-0140 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 69, f. 9-10-58, cert. ef. 9-10-59, (Order No. 2115)
740-050-0240 Amendments and Supplements (1) A change in or addition to a tariff shall be known as an amendment, and, excepting amendments to tariffs issued in loose-leaf form, shall be printed in a supplement to the tariff and shall refer to the page, item or index of the tariff, or of previous supplement, which it amends. (2) When the rates or rules in a tariff or a supplement are cancelled or changed, it must be under the same item or index number; for example, Item 10-A cancels Item 10. If a cancelled item, or any part thereof, is taken up and thereafter carried in another item of different number, the cancellation must be carried under the original item number and must show in what item or items the effective rates are to be found, and the cancellation of the item in the original tariff or supplement must be brought forward in successive supplements as a reissued item. (3) An amended index or item must always be printed in a supplement in its entirety as amended, and the contents in each supplement shall be arranged in the same general order as the tariff which it amends. (4) Supplements to a tariff shall be numbered consecutively as supplements to that tariff and must not be given separate or new Oregon DOT numbers. Each supplement shall specify the supplement or supplements which it cancels, and shall also show on its title page what supplements contain all changes from the original tariff. For example: “Supplement No(s).___ to Oregon DOT No.__ Cancels Supplement No(s).__ and __, Supplement(s) No.__ and __ contain all changes from the original tariff.” (5) A supplement which contains reissued items brought forward without change must show the following: “Reissue: Effective (date upon which item became effective) in Supplement No.___.” (6) All changes and additions to tariffs issued in loose-leaf form must be made by reprinting the entire page upon which the change is made. Except where a specific cancellation is shown on a new revised page, a revised page cancels any and all uncanceled or original pages, or uncanceled portions thereof, which bear the same page designation. Such pages must not be given supplement numbers, but must be designated “First Revised Page No.___,” “Second Revised Page No.___,” etc.; and must show the Oregon DOT and carrier’s serial number of the tariff, the issued and effective date, and the name, title and address of officer by whom issued, conforming to original pages. Statutory/Other Authority: ORS 823.011, 825.200, 825.202 & 825.224 Statutes/Other Implemented: ORS 823.200, 825.202 & 825.224 History: MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0150 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-037-0150 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 69, f. 9-10-58, cert. ef. 9-10-59, (Order No. 2115)
740-050-0500 Filing Requirements for Tariffs (1) Applicants for authority to transport household goods must: (a) File two copies of a proposed tariff of rates, charges, classifications, practices, privileges and rules, compiled in conformity with Division 50 rules and secure tariff approval; or (b) Designate a tariff publishing agent and file: (A) Written power of attorney appointing such agent; or (B) Confirming letter from such agent indicating that a tariff filing will be made in behalf of applicant if and when the requested authority is granted; (2) Applicants designating tariff publishing agents will not be issued a certificate until such agent has established in its tariff the rates and charges applicable to the proposed operation. (3) All supplements or amendments to original tariffs and reissues thereof must also be filed. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.202, 825.224 & 825.234 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-14-96, Renumbered from 860-067-0265 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507), Renumbered from 860-037-0265 PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 18, f. 9-1-54, cert. ef. 1-21-55, (Order No. 33203)
740-050-0600 New Rates Effective on Granting of Authority The initial rates of a household goods carrier shall be effective with the granting of authority to operate as a motor carrier. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.110, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0295 PUC 2-1980, f. & cert. ef. 3-27-80, (Order No. 80-179), Renumbered from 860-037-0295 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507) PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 19, f. 1-1-50, cert. ef. 7-3-58, (Order No. 24027)
740-050-0620 Tariff Docket Procedures (1) A petition to change a tariff shall be made only upon forms furnished by the Department. (2) A petition shall be assigned a docket number when received by the Department and shall be listed for hearing upon the next appropriate notice of tariff docket hearing. One copy of the application shall be returned to the petitioner with the docket number which it has been assigned. (3) Docket items shall be assigned circle 1 (hearing and order required before publication) or circle 2 (authorized for publication prior to hearing pursuant to ORS 825.220). (4) A notice of hearing for petitions on proposed changes in tariffs shall be accompanied by a list of docket items to be considered. Each docket item shall specify in detail the nature of the proposed change. Notices of docket hearing will be mailed to all affected carriers, tariff bureaus and interested parties not less than 10 days prior to the date assigned for hearing. Statutory/Other Authority: ORS 823.011, 825.202, 825.222 & 825.224 Statutes/Other Implemented: ORS 825.224 History: MCTB 7-2000, f. 12-15-00 cert. ef. 1-1-01 MCT 3-1996, f. & cert. ef. 3-14-96, Renumbered from 860-067-0310 PUC 2-1980, f. & cert. ef. 3-27-80, (Order No. 80-179), Renumbered from 860-037-0310 PUC 156, f. 8-6-73, cert. ef. 8-15-73, (Order No. 73-507) PUC 148, f. 7-29-68, cert. ef. 9-1-68, (Order No. 44783) PUC 135, f. 5-9-66, cert. ef. 5-15-66, (Order No. 42332) PUC 120, f. 10-26-62, cert. ef. 11-15-62, (Order No. 38811) PUC 19, f. 1-1-50, cert. ef. 7-3-58, (Order No. 24027)
740-050-0630 Rates Orders Unless otherwise provided by rule or specific order of the Department, rate orders related the transportation of household goods shall be mandatory upon all carriers enjoying operating authority to transport the affected commodities. Statutory/Other Authority: ORS 184.619, 184.619, 823.011 & 825.232 Statutes/Other Implemented: ORS 825.200, 825.202 & 825.224 History: MCTD 3-2016, f. & cert. ef. 9-26-16 MCT 3-1996, f. & cert. ef. 3-14-96 MCT 2-1996, f. & cert. ef. 2-16-96, Renumbered from 860-067-0315 PUC 14-1984, f. & cert. ef. 7-27-84, (Order No. 84-578) PUC 3-1984(Temp), f. & cert. ef. 2-15-84, (Order No. 84-113) PUC 1-1983, f. & cert. ef. 1-17-83, (Order No. 83-024) PUC 2-1980, f. & cert. ef. 3-27-80, (Order No. 80-179), Renumbered from 860-037-0315