Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 3 - Motor Carrier Freight Tariffs and Classifications › Section 3-21 - Changes in rates; application for special permission

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 21.
APPLICATIONS FOR SPECIAL PERMISSION.
(a) Rates changed on less than statutory
				notice. Section 17 of the Motor Carrier Act, as amended, authorizes the
				Commission in its discretion and for good cause shown to permit changes in
				rates on less than statutory notice, and also to permit departure from the
				Commission's regulations. The Commission will exercise this authority only in
				cases where actual emergency and real merit are shown. Desire to meet the rates
				of a competing carrier that has given statutory notice of change in rates will
				not of itself be regarded as good cause for permitting changes in rates or
				other provisions on less than statutory notice. Clerical or typographical
				errors in tariffs constitute good cause for the exercise of this authority, but
				every application based thereon must plainly specify the error together with a
				full statement of the attending circumstances and must be presented with
				reasonable promptness after issuance of the defective tariff, supplement or
				revised page.
(b) Permission will
				not issue to modify formal orders. When a formal order of the Commission
				requires publication on a stated number of days' notice, a request for
				authority to file on less notice will not be granted. In any such instance a
				petition for modification of the order should be filed on the formal docket.
(c) Applications must be by
				carrier or agent authorized to file tariff. Applications for permission to
				establish rates, rules, or other provisions on less than statutory notice, or
				for waiver of provisions of these rules must be made by the carrier or agent
				that holds authority to file the proposed publication. If the application
				requests permission to make changes in joint tariffs, it must state that it is
				filed for and on behalf of all carriers parties to the proposed change.
(d) Number of copies.
(1) Two copies of applications (including
				amendments thereto and exhibits made a part thereof) shall be sent to the
				Public Service Commission of Indiana, Transportation-Tariff Department, 901
				State Office Bldg., Indianapolis, Indiana 46204.
(2) Application shall be made on paper either
				8 x 10 1/2 or 8 1/2 x 11 inches, shall be in substantially the form shown
				herein below, and shall give all the information required by these rules,
				together with any other pertinent facts. They shall be numbered consecutively
				and must bear the signature of the carrier or its agent or officer, specifying
				title.
___________________________________
(Address)
___________________________________
(Date)
Application No. _____
To The Public Service Commission of Indiana Indianapolis,
				  Indiana 46204
___________ , by __________________________ for and on behalf
				  (Name of Carrier) (Name of officer, specifying title)
of all carriers parties to its Tariff P.S.C.I. No. _____ ,
				  does hereby petition the Public Service Commission that he (it) be permitted,
				  under Section 17 of the Motor Carrier Act, and as amended, to put in force the
				  following tariff provisions to become effective _____ days after the filing
				  thereof with the Public Service Commission:
(Here show matter as directed by paragraph (e)(1) of this
				  rule
[this section]
.)
Your petitioner further represents that the said: (state
				  whether rates, charges, classification ratings, or other provisions) above
				  mentioned will be published in (here show matter as directed by paragraph
				  (e)(2) of this rule
[this section]
). (Here state matter as
				  directed by paragraph (e)(3) of this rule
[this section]
.)
				  (Here state matter as directed by paragraph (e)(4) of this rule
[this
				  section]
.) (Here state fully matter as directed by paragraph (e)(5) of
				  this rule
[this section]
.) (Here show justification as
				  directed by paragraph (e)(6) of this rule
[this section]
.)
_____________________________
(Name of carrier)
By _____________________________
(Name and title) Verification:*
The above statement was subscribed and sworn to before me
				  this _____ day of _____ , 19 _____ .
____________________________
(Notary Public) When the publication is made by an agent,
				  appropriate change should be made in the introductory and closing paragraphs of
				  this form.
* Only the original need be executed.