NY Transp L § 99 (2021)
2021 New York Laws TRA - Transportation Article 4 - Provisions Relating to Common Carriers 99 - Changes in Fares and Charges; Notice Required; Power of Suspension by the Commissioner.

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