reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-11 - Burden of proof

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 11.
(a)
				General-The burden shall be on the protestant to prove the matters described in
				170 IAC 3-1.1-8
[section 8 of this rule]
.
(b) Market Dominance:
(1) Jurisdiction-The respondent railroad
				shall bear the burden of showing that the commission lacks jurisdiction to
				review the proposed rate because the rate produces a revenue-variable cost
				percentage that is less than the percentages found in 49 U.S.C. Sec.
				10709(d)(2). The railroad may meet its burden of proof by showing the
				revenue-variable cost percentage for that transportation to which the rate
				applies is less than the threshold percentage cited in 49 U.S.C. Sec.
				10707(d)(2). The protestant may rebut the railroad's evidence with a showing
				that the revenue-variable cost percentage is equal to or greater than the
				threshold percentage in 49 U.S.C. Sec. 10709(d)(2).
(2) Intramodal and intermodal competition-The
				protestant shall bear the burden of demonstrating that there exists no
				effective intramodal or intermodal competition for the transportation to which
				the rate applied. Respondent railroad may rebut the protestant's showing with
				evidence that effective intramodal or intermodal competition exists.
(3) Product and geographic competition-If
				intramodal and intermodal competition is shown not to exist, the respondent
				railroad shall have the burden of proving that either product or geographic
				competition for the involved transportation does exist. The protestant shall
				then have the burden of proving that such competition is not
				effective.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-12 - Rate flexibility

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 12.
(a) A rail
				carrier may raise any rate pursuant to the limitations described in 49 U.S.C.
				Sec. 10707a. Base rates increased by the quarterly rail cost adjustment factor
				will not be investigated or suspended. In addition, a railroad may increase any
				rate by 6% per annum (to a maximum of 18%) over the four year period following
				enactment of the Staggers Act. Thereafter, railroads not earning adequate
				revenues, as defined by the interstate commerce commission, may raise rates 4%
				per year. Neither the 6% or 4% increase shall be suspended. If the increase
				results in a revenue to variable cost ratio that equals or exceeds 190%, the
				commission may investigate the rate either on its own motion or on complaint of
				an interested party.
(b) In
				determining whether or not to investigate the rate this commission shall
				consider:
(1) the amount of traffic which the
				railroad transports at revenues which do not contribute to going concern value
				and efforts made to minimize such traffic;
(2) the amount of traffic which contributes
				only marginally to fixed costs and the extent to which rates on such traffic
				can be changed to maximize the revenues from such traffic;
(3) the impact of the challenged rate on
				national energy goals;
(4) state
				and national transportation policy; and
(5) the revenue adequacy goals incorporated
				in the interstate commerce act.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-13 - Suspension actions; monetary adjustments

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 13.
(a) Rate
				Increases With No Suspensions-In the event the commission does not suspend but
				investigates a proposed rate increase under 170 IAC 3-1.1-8
[section 8
				of this rule]
, the commission shall require the rail carrier to
				account for all amounts received under the increase until the commission
				completes its proceedings under 170 IAC 3-1.1-7
[section 7 of this
				rule]
. The accounting shall specify by whom and for whom the amounts
				are paid. When the commission takes final action, it shall require the carrier
				to refund to the person for whom the amounts were paid that part of the
				increased rate found to be unreasonable, plus interest at a rate equal to the
				average yield (on the date that the "Statement of Monetary Adjustment" is
				filed) of marketable securities of the United States government having a
				duration of 90 days.
(b) Rate
				Increases With Suspension-If a rate is suspended under 170 IAC
				3-1.1-8
[section 8 of this rule]
and any portion of such rate
				is later found to be reasonable the carrier shall collect from each person
				using the transportation to which the rate applies the difference between the
				original rate and the portion of the suspended rate found to be reasonable for
				any services performed during the period of suspension, plus interest at a rate
				equal to the average yield (on the date that the "Statement of Monetary
				Adjustment" is filed) of marketable securities of the United States government
				having a duration of 90 days.
(c)
				Rate Decreases With Suspension-In the event the commission suspends a proposed
				rate decrease under 170 IAC 3-1.1-8
[section 8 of this rule]
which is later found to be reasonable, the rail carrier must refund
				any part of the decrease found to be reasonable if the carrier makes the refund
				available to each shipper who participated in the rate, in accordance with the
				relative amount of such shipper's traffic transported at such rate.
Transferred from Department of Transportation ( 100 IAC
					 6-1-13 ) to Indiana Department of Transportation ( 105 IAC 5-1-13 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-14 - Filing procedures

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 14.
This section shall apply in connection with the filing of a
				  protest against a proposed rail rate, classification, rule or practice and the
				  reply thereto:
(1) Liberal
				construction. This section shall be liberally construed to secure just, speedy
				and inexpensive determination of the issues presented.
(2) Definitions.
(A) "Proceeding"-An investigation by the
				commission into the propriety of a proposed rail rate.
(B) "Protestant"-A person opposed to any
				tariff or schedule becoming effective.
(C) "Respondent"-The railroad and/or their
				agent against whom the protest is filed or any other person designated by the
				commission to participate in the proceeding.
(D) "Party"-Shall include the "protestant"
				and "respondent" or others permitted or directed by the commission to
				participate in the proceeding.
(E)
				"Pleading"-A protest, reply to protest, a motion or any other written comment
				relating to the proceeding.
(F)
				"Person"-Shall include individuals as well as corporations, companies,
				associations, firms, partnerships, co-partnerships, societies, joint stock
				companies, or a trustee, receiver, assignee, or personal representative of
				another individual.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-16 - Monetary adjustments

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 16.
The claim for seeking monetary adjustments shall be
				  substantially in the following form:
Claim of __________ under decision of the public service
				  commission of Indiana in Docket No. _________ .
Date of shipment
Date of delivery or tender of delivery
Date charges were paid
Car initials
Car number
Origin
Destination
Route
Commodity
Weight
Rate
Amount
Rate
Amount
Refund (or monies due) on basis of commission's
				  decision
Charges paid by (1)
Claimant hereby certifies that this statement includes
				  claims only on shipments covered by the findings in the docket above described
				  and contains no claim for refund (or monies due) previously filed with the
				  commission by or on behalf of claimant or, so far as claimant knows, by or on
				  behalf of any person, in any other proceedings, except as follows: (here
				  indicate any exceptions, and explanations thereof).
___________________________
(Claimant)
By: ________________________
___________________________
(Address)
___________________________
(Date)
Total amount of refund (or monies due) $ _____ . The
				  undersigned hereby certifies that this statement has been checked against the
				  records of this company and found correct.
Date _____ concurred (2) in: _____ Company _____ Company.
				  Defendant Collecting Carrier, Defendant (3) _____ .
By _____ , Auditor. By _____ Auditor.
(1) Here insert name of person paying charges
				in the first instance, and state whether as consignor, consignee, or in other
				capacity.
(2) For concurring
				certificate in case the collection carrier is not a defendant.
(3) If not a defendant, strike out the word
				"defendant".
Transferred from Department of Transportation ( 100 IAC
					 6-1-16 ) to Indiana Department of Transportation ( 105 IAC 5-1-16 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-17 - Intramodal competition

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 17.
Intramodal competition refers to competition between two or
				  more railroads transporting the same commodity between the same origin and
				  destination. A shipper has rail alternatives when, for a given purpose, he can
				  be served by more than one railroad or combination of different railroads. The
				  degree to which these alternatives compete with one another depends on such
				  factors as:
(1) the number of rail
				alternatives;
(2) the feasibility
				of each alternative as evidenced by:
(A)
				physical characteristics of the route associated with each alternative that are
				indicative of the feasibility of using that alternative for the traffic in
				question (e.g., circuity, track conditions, etc.); and
(B) the direct access of both the shipper and
				the receiver to each of the rail alternatives as evidenced by individual rail
				sidings, neutral terminal companies or reciprocal switching; or if direct
				access is not available, then the feasibility of using local trucking to
				transport the commodity to or from terminals;
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-18 - Intermodal competition

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 18.
Intermodal competition refers to competition between rail
				  carriers and other modes for the transportation of a particular product between
				  the same origin and destination. Motor and water carriage are the main sources
				  of intermodal competition for railroads.
(a) Water carriage-Water carriage is
				restricted to certain geographic areas and is generally used for commodities
				moving in bulk. The evidence required to demonstrate effective competition
				between rail and water alternatives is in many respects similar to that
				required for intramodal competition among rail carriers. Parties in a rate case
				should provide evidence along the following lines:
(1) the number of alternatives involving
				different carriers;
(2) the
				feasibility of each alternative as evidenced by:
(A) pertinent physical characteristics, for
				the product in question, of the transportation or routing associated with each
				alternative;
(B) the access of both
				the shipper and receiver to each alternative; and
(3) the transportation costs of each
				alternative.
Again, these factors are not exhaustive.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-19 - Geographic competition

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 19.
Geographic competition may be described as a restraint on
				  rail pricing stemming from a shipper's or receiver's ability to get the product
				  to which the rate applies from another source, or ship it to another
				  destination. If shippers and receivers can do this, the railroad must compete
				  with the railroad serving the alternate source or destination. Geographic
				  competition among rail carriers is nontrivial for commodities in which
				  transportation costs account for a substantial portion of the delivered price.
				  To establish the potential for geographic competition, evidence should be
				  submitted concerning the following:
(1) the number of alternative geographical
				sources of supply or alternative destinations available to the shipper or
				receiver for the product in question;
(2) the number of these alternative sources
				or destinations served by different carriers; and
(3) that the product available from each
				source or required by each destination is the same.
Such evidence is sufficient only to indicate whether
				  effective geographic competition is possible. To determine whether effective
				  geographic competition actually exists, evidence showing the feasibility of
				  each source or destination and the likelihood of competition should be
				  presented. This evidence may be as follows:
(1) the distance associated with each
				alternative source or destination;
(2) relevant physical characteristics of the
				route associated with each alternative;
(3) the access of the shipper or receiver to
				each transportation alternative;
(4) the capacity of each source to supply the
				product in question or the capacity of each destination to absorb the product
				in question;
(5) the transportation
				costs associated with each alternative;
(6) collective ratemaking among the railroads
				in question as evidenced by rate bureaus; and
(7) evidence of substantial rail-related
				investment or long-term supply contracts (more weight will be given these
				contracts if made prior to October 1, 1980).
It is to be emphasized that these guidelines are not intended
				  to encompass all pertinent evidence.
Transferred from Department of Transportation ( 100 IAC
					 6-1-19 ) to Indiana Department of Transportation ( 105 IAC 5-1-19 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-20 - Product competition

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 20.
Product competition occurs when a receiver or shipper can
				  use a substitute(s) for the product covered by the rail rate. In that case, the
				  railroad must compete with the railroad or other mode which carries that other
				  product, and again, must keep its rate competitive if it wants the traffic.
				  Evidence as to the existence of product competition should reflect the
				  availability to the shipper or receiver of feasible substitutes and show that
				  these substitutes can be obtained through the use of other carriers or modes
				  without substantially greater cost, transportation or otherwise. To demonstrate
				  whether a feasible substitute exists, the following types of evidence, among
				  others, may be submitted:
(1) use of a
				substitute product(s) by the receiver or shipper in question or by others with
				similar needs and under similar conditions;
(2) the prices of the substitute product(s)
				relative to the product in question;
(3) the efficiency of the substitute
				product(s) relative to the product in question; and
(4) the explicit and implicit transportation
				costs of the substitute product(s) and the product in question.
The above factors are not intended to be
				  exhaustive.
Transferred from Department of Transportation ( 100 IAC
					 6-1-20 ) to Indiana Department of Transportation ( 105 IAC 5-1-20 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-21 - Formal complaints; general allegations

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 21.
A formal complaint shall be so drawn as to fully and
				  completely advise the parties defendant and the commission in what respects the
				  provisions of the Act have been or are being violated or will be violated, and
				  shall set forth briefly and in plain language the facts claimed to constitute
				  such violations. If two or more sections or subsections of the Act or
				  requirements established pursuant thereto are alleged to be violated, the facts
				  claimed to constitute violation of one section, subsection, or requirement
				  shall be stated separately from those claimed to constitute a violation of
				  another section, subsection, or requirement whenever that can be done by
				  reference or otherwise without undue repetition.
Transferred from Department of Transportation ( 100 IAC
					 6-1-21 ) to Indiana Department of Transportation ( 105 IAC 5-1-21 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-22 - Formal complaints; damages sought

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 22.
A formal complaint seeking damages, when permitted under the
				  Act, shall be filed with the commission within the statutory period, and shall
				  contain such data as will serve to identify with reasonable definiteness the
				  shipments or transportation services in respect of which damages are sought.
				  Such complaint shall state:
(1) that
				complainant makes claim for damages;
(2) the name of each individual seeking
				damages;
(3) the names of
				defendants against which claim is made;
(4) the commodities, the rate applied, the
				date when the charges were paid, by whom paid, and by whom borne;
(5) the period of time within which or the
				specific dates upon which the shipments were made, and the dates when they were
				delivered or tendered for delivery;
(6) the points of origin and destination,
				either specifically or, where they are numerous, by definite indication of a
				defined territorial or rate group of the points of origin and destination and,
				if known, the routes of movement; and
(7) the nature and amount of the injury
				sustained by each claimant.
If a complaint seeking the award of damages contains a claim
				  on any shipment which has been the subject of a previous informal or formal
				  complaint to the commission, reference to such complaint shall be
				  given.
Transferred from Department of Transportation ( 100 IAC
					 6-1-22 ) to Indiana Department of Transportation ( 105 IAC 5-1-22 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-23 - Formal complaints; general

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 23.
The original of each formal complaint, amended or
				  supplemental formal complaint, or cross-complaint, shall be accompanied by
				  copies in sufficient number to enable the commission to serve one upon each
				  defendant, including each receiver or trustee, and retain two copies in
				  addition to the original.
Transferred from Department of Transportation ( 100 IAC
					 6-1-23 ) to Indiana Department of Transportation ( 105 IAC 5-1-23 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-24 - Formal complaints; tariff or schedule references

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 24.
The several rates, charges, schedules, classifications,
				  regulations, or practices on which complaint is made shall be set out by
				  specific reference to the tariffs or schedules in which they appear, whenever
				  that is feasible.
Transferred from Department of Transportation ( 100 IAC
					 6-1-24 ) to Indiana Department of Transportation ( 105 IAC 5-1-24 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-25 - Formal complaints; prayers for relief

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 25.
(a)
				Generally-A formal complaint in which relief for the future is sought should
				contain a detailed statement of the relief desired. Relief in the alternative
				or of several different types may be demanded, but the issues raised in the
				formal complaint should not be broader than those to which complainant's
				evidence is to be directed at the hearing.
(b) Specific prayer for damages-Except under
				unusual circumstances, and for good cause shown, damages will not be awarded
				upon a complaint unless specifically prayed for.
Transferred from Department of Transportation ( 100 IAC
					 6-1-25 ) to Indiana Department of Transportation ( 105 IAC 5-1-25 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-26 - Formal complaints; amended and supplemental

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 26.
An amended or supplemental complaint may be tendered for
				  filing by a complainant against a defendant or defendants named in the original
				  complaint, stating a cause of action alleged to have occurred within the
				  statutory period immediately preceding the date of such tender, in favor of
				  complainant and against the defendant or defendants.
Transferred from Department of Transportation ( 100 IAC
					 6-1-26 ) to Indiana Department of Transportation ( 105 IAC 5-1-26 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-27 - Formal complaints; answers and cross complaints

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 27.
(a)
				Generally-An answer may simultaneously be responsive to a formal complaint and
				to any amendment or supplement thereof. It shall be drawn so as to fully and
				completely advise the parties and the commission of the nature of the defense
				and shall admit or deny specifically and in detail each material allegation of
				the pleading answered. An answer may include a detailed statement of any
				counterproposal which a defendant may desire to submit. Unless the issue is
				such that separate answers are required, answer for all defendants may be filed
				on their behalf by one defendant in one document, in which event the answer
				must show clearly the names of all defendants joining therein, and their
				concurrence.
(b) Cross complaints-A
				cross complaint may be filed against other parties to the proceeding alleged to
				have violated the Staggers Act. Such cross-complaint must be filed by a
				defendant with its answer.
(c) Time
				for filing copies-Unless otherwise directed by the commission, an answer to a
				complaint shall be filed within 20 days after the day on which the complaint
				was served. The original and two copies of an answer shall be filed with the
				commission.
(d) When issue
				joined-If any defendant answers or fails to file and serve an answer within the
				period specified in paragraph (c)
[subsection (c)]
, issue
				thereby is joined as to such defendant.
Transferred from Department of Transportation ( 100 IAC
					 6-1-27 ) to Indiana Department of Transportation ( 105 IAC 5-1-27 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-28 - Formal complaints; satisfaction

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 28.
If a defendant satisfies a formal complaint, either before
				  or after answering, a statement to that effect signed by the opposing parties
				  shall be filed (original only need be filed), setting forth when and how the
				  complaint has been satisfied. This action should be taken as expeditiously as
				  possible.
Transferred from Department of Transportation ( 100 IAC
					 6-1-28 ) to Indiana Department of Transportation ( 105 IAC 5-1-28 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-29 - Formal complaints; signature and verification

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 29.
The complaint, answer and other pleadings relating to a
				  complaint proceeding shall be signed in ink and the signer's address shall be
				  stated.
The facts alleged in a complaint, answer or other pleadings
				  shall be verified by the person on whose behalf it is filed. If a complaint,
				  answer or other pleading is filed on behalf of a corporation or other
				  organization, it shall be verified by an officer of such corporation or
				  organization.
Transferred from Department of Transportation ( 100 IAC
					 6-1-29 ) to Indiana Department of Transportation ( 105 IAC 5-1-29 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-30 - Formal complaints; certificate of service

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 30.
Proof of service of any paper shall be by certificate of
				  attorney, affidavit or acknowledgement. A certificate of service shall be in
				  the following form:
I certify that I have this day served the foregoing document
				  upon the following parties of record in this proceeding (here list the names
				  and addresses of those served) by (here state the precise manner of making
				  service).
Dated at _____ ,this _____ day of _____ , 19 _____ .
_________________________________
(Signature)
Transferred from Department of Transportation ( 100 IAC
					 6-1-30 ) to Indiana Department of Transportation ( 105 IAC 5-1-30 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-31 - Statements of claimed damages; commission findings

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 31.
When the commission finds that damages are due, but that the
				  amount cannot be ascertained upon the record before it, the complainant shall
				  immediately prepare a statement showing details of the shipments on which
				  damages are claimed, in accordance with 170 IAC 3-1.1-37
[section 37 of
				  this rule]
.
The statement shall not include any shipment not covered by
				  the commission's findings, or any shipment on which complaint was not filed
				  with the commission within the statutory period.
The filing of a statement will not stop the running of the
				  statute of limitations as to shipments not covered by complaint or supplemental
				  complaint.
If the shipments moved over more than one route, a separate
				  statement shall be prepared for each route, and separately numbered, except
				  that shipments, as to which the collecting carrier is in each instance the
				  same, may be listed in a single statement if grouped according to
				  routes.
The statement, together with the paid freight bills on the
				  shipments, or true copies thereof, shall then be forwarded to the carrier which
				  collected the charges, for verification and certification as to its accuracy.
				  All discrepancies, duplications, or other errors in the statements shall be
				  adjusted by the parties and corrected agreed statements submitted to the
				  commission.
The certificate shall be signed in ink by a general
				  accounting officer of the carrier and shall cover all of the information shown
				  in the statement. If the carrier which collected the charges is not a defendant
				  in the case, its certificate shall be concurred in by like signature on behalf
				  of a carrier defendant.
Statements so prepared and certified shall be filed with the
				  commission whereupon it will consider entry of an order awarding
				  damages.
Transferred from Department of Transportation ( 100 IAC
					 6-1-31 ) to Indiana Department of Transportation ( 105 IAC 5-1-31 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-32 - Zone of rate flexibility

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 32.
Base rates increased by the quarterly rail cost adjustment
				  factor may not be found to exceed a reasonable maximum for the transportation
				  involved. Complaints against rate increases effected under subsections (c) and
				  (d) of 49 U.S.C. Sec. 10707(a) shall be considered pursuant to provisions of
				  subsection (e) of said section.
Transferred from Department of Transportation ( 100 IAC
					 6-1-32 ) to Indiana Department of Transportation ( 105 IAC 5-1-32 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-33 - Market dominance; rates established

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 33.
The commission shall determine within 90 days of the start
				  of a complaint proceeding whether the carrier has market dominance over the
				  transportation to which the rate applies. If the commission finds that the
				  carrier has market dominance, it may then determine that rate to be
				  unreasonable if it exceeds a reasonable maximum for that transportation. In
				  making a determination of market dominance, the commission shall find that the
				  rail carrier establishing the challenged rate does not have market dominance
				  over the transportation to which the rate applied if the rail carrier proves
				  that the rate charged results in a revenue-variable cost percentage which is
				  less than that stated in 49 U.S.C. Sec. 10709(d)(2).
Evidentiary guidelines for the determination of whether or
				  not the railroad shall market dominance over the transportation to which the
				  rate applies shall be found in 170 IAC 3-1.1-17 through
				  3-1.1-20
[sections 17 through 20 of this rule]
.
If the commission determines that a rail carrier does not
				  have market dominance over the transportation to which a particular rate
				  applies, the rate established by such carrier for such transportion shall be
				  reasonable.
Transferred from Department of Transportation ( 100 IAC
					 6-1-33 ) to Indiana Department of Transportation ( 105 IAC 5-1-33 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-34 - Rail rates; reasonable minimum

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 34.
Rail rates shall not be established below a reasonable
				  minimum. Any rate for transportation by a rail carrier that does not contribute
				  to the going concern value for such carrier is presumed to be not
				  reasonable.
Rail rates which equal or exceed the variable cost of
				  providing the transportation are conclusively presumed to contribute to the
				  going concern value of that rail carrier, and are therefore presumed to to
[sic.]
be above a reasonable minimum.
In determining whether a rate is reasonable, the commission
				  shall consider the policy that railroads earn adequate revenues as well as
				  evidence of the following:
(1) the
				amount of traffic which is transported at revenues which do not contribute to
				going concern value and efforts made to minimuze
[sic.]
such
				traffic;
(2) the amount of traffic
				which contributes only marginally to fixed costs and the extent to which, if
				any, rates on such traffic can be changed to maximize the revenues from such
				traffic; and
(3) the carrier's mix
				of rail traffic to determine whether one commodity is paying an unreasonable
				share of the carrier's overall revenues.
Transferred from Department of Transportation ( 100 IAC
					 6-1-34 ) to Indiana Department of Transportation ( 105 IAC 5-1-34 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-35 - Reasonableness of existing rates; burden of proof

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 35.
(a)
				Jurisdiction-The defendant railroad shall bear the burden of showing that the
				commission lacks jurisdiction to review a rate because the rate produces a
				revenue-variable cost percentage that is less than the percentages found in 49
				U.S.C. Sec. 10709(d)(2). The railroad shall meet its burden of proof by showing
				the revenue-variable cost percentage for the transportation to which the rate
				applies is less than the threshold percentage cited in 49 U.S.C. Sec.
				10709(d)(2). A complainant may rebut the railroad's evidence with a showing
				that the revenue-variable cost percentage is equal to or greater than the
				threshold percentage cited in 49 U.S.C. Sec. 10709(d)(2).
(b) Reasonableness of existing rates:
(1) A party complaining that an existing rate
				is unreasonably high shall bear the burden of proving that such rate is not
				reasonable.
(2) A party complaining
				that an existing rate is unreasonably low shall bear the burden of
				demonstrating that the rate does not contribute to the going concern value of
				the carrier, and is therefore unreasonably low.
(3) Savings provisions-Any interested party
				may file a complaint alleging that an intrastate railraod
[sic.]
rate which was in effect on the effective date of the Staggers Act
				(October 1, 1980) is subject to market dominance under the provisions of 49
				U.S.C. Sec. 10709 and is not reasonable under the provisions of 49 U.S.C. Sec.
				10701(a). Such complaint must have been filed with the public service
				commission of Indiana within 180 days of the effective date of the Staggers
				Act, i.e., by March 30, 1981.
Any rate which is not challenged in a complaint filed by
				  March 30, 1981, or which is challenged in such a complaint but (A) the rail
				  carrier is found not to have market dominance over the transportation to which
				  the rate applies, or (B) the rate is found to be reasonable, shall be deemed to
				  be lawful and may not thereafter be challenged in the commission or in any
				  court (excluding appeals from a decision of the commission).
These provisions shall not apply to any rate under which the
				  volume of traffic transported during the twelve month period immediately
				  preceding the effective date of the Staggers Act did not exceed 500 net tons
				  and has increased tenfold within the three year period immediately preceding
				  the bringing of a challenge to the reasonableness of such rate.
The complainant shall bear the burden of proving that a rate
				  in effect on October 1, 1980, as described in this section, is
				  unreasonable.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-36 - Rate adjustments; non-applicability

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 36.
Complaints shall not be entertained by the commission to the
				  extent that they challenge the reasonableness of the following rate
				  adjustments:
(1) general rate
				increases;
(2) inflation-based rate
				increases; or
(3) fuel adjustment
				surcharges.
Transferred from Department of Transportation ( 100 IAC
					 6-1-36 ) to Indiana Department of Transportation ( 105 IAC 5-1-36 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-37 - Reparation statement

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 37.
Claims for reparations shall be substantially in the
				  following form:
Claims of __________ under decision of the public service
				  commission of Indiana in Docket No. _____ .
_____ Date of shipment
_____ Date of delivery or tender of delivery
_____ Date charges were paid
_____ Car initials
_____ Car number
_____ Origin
_____ Destination
_____ Route
_____ Commodity
_____ Weight
_____ Rate
_____ Amount
_____ Rate
_____ Amount
_____ Reparation on basis of commission's decision
_____ Charges paid by (1)
Claimant hereby certifies that this statement includes claims
				  only on shipments covered by the findings in the docket above described and
				  contains no claim for reparation previously filed with the commission by or on
				  behalf of claimant or, so far as claimant knows, by or on behalf of any person,
				  in any other proceedings, except as follows: (here indicate any exceptions, and
				  explanations thereof).
______________________________
(Claimant)
By: ___________________________
______________________________
(Address)
_____________________________
(Date)
Total amount of reparation $ _____ . The undersigned hereby
				  certifies that this statement has been checked against the records of this
				  company and found correct.
Date _____ concurred (2) in: _____ Company _____ Company.
				  Defendant Collecting Carrier, Defendant (3) _____ .
By _____ , Auditor. By _____ Auditor.
(1) Here insert name of person paying charges
				in the first instance, and state whether as consignor, consignee, or in other
				capacity.
(2) For concurring
				certificate in case the collection carrier is not a defendant.
(3) If not a defendant, strike out the word
				"defendant".
Transferred from Department of Transportation ( 100 IAC
					 6-1-37 ) to Indiana Department of Transportation ( 105 IAC 5-1-37 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-38 - Rail carrier contracts

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 38.
(a) A
				contract submect
[sic.]
to this section is a written
				agreement, including any amendment, entered into by one or more rail carriers
				with one or more purchasers of rail serivces, to provide specified services
				under specified rates and conditions.
(b) A contract filed under this section
				shall:
(1) specify that the contract is made
				pursuant to 49 U.S.C. Sec. 10713. and;
(2) be signed by duly authorized
				parties.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-39 - Contract implementation date

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 39.
Transportation or service performed under a contract or
				  amendment may begin, without specific commission authorization on or after the
				  date the contract and contract summary or contract amendment and supplement are
				  filed and before commission aproval
[sic.]
as defined at 170
				  IAC 3-1.1-40.1(F)
[section 40(f) of this rule]
, subject to the
				  following conditions:
(a) The contract
				or contract amendment shall specifically state that the transportation or
				service may begin on the date of filing and that performance is subject to the
				conditions of this section. The contract summary or supplement shall separately
				reflect the date of commencement of service under this provision under 170 IAC
				3-1.1-47.1(a)(4)
[section 48(a)(4) of this rule]
, "duration of
				the contract".
(b) If the rail
				equipment standards of 49 U.S.C. Sec. 10713(k) are exceeded, prior relief shall
				be obtained from the commission and shall be specifically identified in the
				contract summary.
(c) If the
				commission disapproves or rejects the contract or amendment, the appropriate
				noncontract tariffs or the contract provisions otherwise in effect under
				previously approved contracts and amendments will be applicable.
(d) Before commission approval, the contract
				or amendment and transportation are subject to commission jurisdiction, 49
				U.S.C. Sec. 10713, and applicable regulations.
(e) Transportation or service may not begin
				under a contract or an amendment to a contract before the filing date of either
				the contract or the amendment, respectively.
Transferred from Department of Transportation ( 100 IAC
					 6-1-39 ) to Indiana Department of Transportation ( 105 IAC 5-1-39 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-40 - Contracts; filing; complaints; review

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-1
Sec. 40.
(a) Rail
				carriers providing transportation subject to the jurisdiction of the public
				service commission of Indiana shall file with the commission an original and
				one copy of the contract entered into with one or more purchasers of rail
				service. The contract shall be accompanied by three copies of a summary of the
				nonconfidential elements of the contract in the format specified in 170 IAC
				3-1.1-44.1 through 170 IAC 3-1.1-49.1
[sections 44 through 49 of this
				rule]
. A contract and contract summary (and amendments and
				supplements) may be rejected for noncompliance with applicable statutes and
				regulations.
(b) Grounds for review
				of contract. Within 30 days of the filing date of a contract, the commission
				may, on its own motion or on complaint, begin a proceeding to review it. Review
				can be based only on allegation of violations as described in (c) below
[subsection (c)]
.
(c) Grounds for complaints. A contract may be
				reviewed by the commission on its own motion, or upon complaint, only on the
				following grounds:
(1) In the case of a
				contract other than a contract for the transportation of agricultural
				commodities (including forest products and paper), a complaint may be filed:
(A) by a shipper only on the grounds that the
				shipper individually will be harmed because the proposed contract unduly
				impairs the ability of the contracting carrier or carriers to meet common
				carrier obligations under IC 8-3-1-1, or
(B) by a port only on the grounds that the
				port individually will be harmed because the proposed contract will result in
				unreasonable discrimination against that port.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-41 - Common carrier responsibilities

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 41.
(a) The
				terms of a contract approved by the commission determine completely the duties
				and service obligations of the parties to the contract with respect of the
				services provided under the contract. The contract does not effect the parties'
				responsibilities for any services which are not included in the
				contract.
(b) Service under a
				contract approved by the commission is deemed a separate and distinct class of
				service and the equipment used to fulfill the contract shall not be subject to
				car service decisions under 49 U.S.C. Sec. 11123.
Transferred from Department of Transportation ( 100 IAC
					 6-1-41 ) to Indiana Department of Transportation ( 105 IAC 5-1-41 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-42 - Contract enforcement

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 42.
(a) The
				exclusive remedy for an alleged breach of a contract approved by the commission
				shall be an action in an appropriate state court or United States District
				Court, unless the parties otherwise agree in the contract.
(b) The commission may not require a rail
				carrier to violate the terms of a contract that has been approved under 170 IAC
				3-1.1-40.1(f)
[section 40(f) of this rule]
, except to the
				extent necessary to comply with 49 U.S.C. Sec. 11128.
Transferred from Department of Transportation ( 100 IAC
					 6-1-42 ) to Indiana Department of Transportation ( 105 IAC 5-1-42 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-43 - Agricultural commodities contracts

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 43.
(a) A rail
				carrier may enter into contracts for the transportation of agricultural
				commodities (including forest products but not including woodpulp, woodchips,
				pulpwood or paper) that involve the use of carrier owned or leased equipment
				not in excess of 40 percent of the total number of the carrier's owned or
				leased equipment, by major car type, except as provided in (b)
[subsection (b)]
.
(b) In the case of a proposed contract
				between a Class I carrier and a shipper originating an average of 1,000 cars or
				more per year during the prior three year period by major car type on a
				particular carrier, not more than 40 percent of carrier owned or leased
				equipment used on the average during the prior three year period may be used
				for the contract without prior authorization by the commission.
(c) The commission may grant relief from the
				limitations of (a) and (b)
[subsections (a) through (b)]
if:
(1) a rail carrier or other party requests
				such relief; or the commission on its own initiative considers granting such
				relief; and
(2) the commission
				determines that making additional equipment available does not impair the rail
				carrier's ability to meet its common carrier obligations under 49 U.S.C. Sec.
				11101.