Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 5 - RAILROADS › Rule 1 - Tariffs and Rates › Section 1-15 - Refund or collection; determination of commission

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-3-1-3; IC 8-3-1-8
Sec. 15.
(a) Refund
				or collection. Except as otherwise provided in paragraph (b), when the
				commission finds, pursuant to 170 IAC 3-1.1-13
[section 13 of this
				rule]
, that a railroad shall make refunds on freight charges collected
				or that the railroad is entitled to collect additional freight charges, but the
				amount cannot be ascertained upon the record before it, the party entitled to
				the refund or the railroad entitled to collect additional monies, as the case
				may be, shall immediately prepare a statement showing details of the shipments
				involved in the proceedings, in accordance with the Statement of Monetary
				Adjustment. The statement shall not include any shipment not covered by the
				commission's findings.
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 party entitled to the refund shall submit its statement,
				  together with the paid freight bills on the shipments, or true copies thereof,
				  to the carrier which collected the charges, for verification and certification
				  as to its accuracy.
If the railroads are entitled to additional monies, the
				  carrier collecting the initial freight charges shall prepare the statement for
				  and on behalf of the involved carriers.
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
				  respondent to the proceedings, its certificate shall be concurred in by like
				  signature on behalf of a carrier named as a respondent in the
				  proceeding.
Statements so prepared and certified shall be filed with the
				  commission whereupon it shall consider entry of an order awarding refunds or
				  collection of additional freight charges as the case may be.
(b) Petitions based on damages. Where 170 IAC
				3-1.1
[this rule]
provides for an award of damages for
				violations which involve tariff errors, tariff misconstruction, or the
				erroneous application of demurrage charges, and a carrier is willing to pay, or
				to waive collection of undercharges, petitions for appropriate authority should
				be filed by the carrier by submitting either a letter of intent to pay
				reparations, a letter of intent to pay reparation and waive undercharges, or a
				letter of intent to waive undercharges. Such petitions must be filed within the
				statutory period and will be deemed the equivalent of an informal complaint and
				an answer admitting the matters stated in the petition. These petitions shall
				contain, as a minimum, the following information:
(1) The name and addresses of the
				complainants seeking damages.
(2)
				The names of the defendants against which the claim is filed.
(3) The amount of the claim.
(4) The tariff authority for both the
				assailed and the sought rate.
(5)
				The dates on which, or within which, the shipments moved and when necessary to
				show compliance with the statute or
[sic.]
limitations, the
				dates when the shipments were delivered or tendered for delivery.
(6) The points of origin and destination of
				the shipments and the routes of movements.
(7) The commodity.
(8) An admission by the carrier that the
				assailed rate was unreasonable, and a showing, where appropriate, that it has
				been removed from the tariff.
(9) A
				statement certifying that all defendants against which the claim is lodged
				concur in the intent to pay reparations or waive undercharges.
(10) Evidence to show compliance with the
				statute of limitations.
(11) A
				brief explanation of the circumstances causing the claim for damages and the
				precedent relied upon by the carrier in aggreeing to honor it.
If a carrier is unable to file such petition within the
				  statutory period and the claim is not already protected from the operation of
				  the statute by informal complaint, a letter of registration setting forth the
				  facts may be submitted by the carrier within the statutory period. This letter
				  will also be deemed the equivalent of an informal complaint filed on behalf of
				  the shipper or consignee and sufficient to stay the operation of the statute.
				  However, an appropriate letter of intent must be filed within one year
				  following receipt by the commission of the letter of registration.