reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1 - Motor Carrier Department › Section 1-7 - Registration of interstate operations within interstate commerce commission exempt commercial zones; application; acknowledgment

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 7.
REGISTRATION OF INTERSTATE OPERATIONS WITHIN THE INTERSTATE
				  COMMERCE COMMISSION EXEMPT COMMERCIAL ZONES WITH THE COMMISSION.
(a) Filing of Application Prior to Operation.
				Before any motor carrier operating pursuant to Section 203(b)(8) of the
				Interstate Commerce Act within the exempt commercial zones as defined by said
				Interstate Commerce Act or the Regulations of the Interstate Commerce
				Commission promulgated thereunder shall conduct any operations within the
				borders of the State of Indiana, said carrier shall execute the application in
				triplicate and submit the filing fees required of interstate carriers by the
				Motor Carrier Act of 1935, as amended, and by Rule 6 herein, on the form
				prescribed pursuant to said Act. In lieu of filing true copies of the
				interstate authority required by Rule 6, the carrier shall indicate by an
				exhibit attached to each copy of said application the nature of the operations
				which are to be conducted within the borders of the State of Indiana.
(b) Acknowledgement Issued by
				Commission-Limitation. The Commission shall issue to the motor carrier an
				acknowledgement of the filing of the application; no carrier may commence
				operations within any exempt commercial zone until it has received such
				acknowledgement from this Commission. The issuance of such acknowledgement by
				this Commission shall not constitute a grant of authority for the intrastate
				transportation of property or persons for hire between any point of origin and
				point of destination, both of which are within that part of an exempt
				commercial zone within the borders of the State of Indiana.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-1-7 ) to the Department of State Revenue ( 45 IAC 16-1-7 ) by P.L.
					 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1 - Motor Carrier Department › Section 1-9 - Allowed route deviations; application unnecessary

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 9.
ROUTE DEVIATIONS ALLOWED WITHOUT APPLICATION.
(a) On By-Passes Designated by State Highway
				Commission, Local Ordinance. All authorized common and contract carriers of
				property may operate over and upon the highways designated by the State Highway
				Commission of Indiana or by local ordinances as "By-Passes", and said carriers
				may deviate from their authorized route or routes as set forth in their
				certificates or permits in order to by-pass congested traffic and metropolitan
				areas.
(b) On Indiana East-West
				Toll Road for Operating Convenience. All authorized common and contract
				carriers of property who operate pursuant to certificates and/or permits over
				U. S. Highways 6, 20 and 30 or within twenty (20) miles of the Indiana
				East-West Toll Road may use said Toll Road for operating convenience only as an
				alternate or deviation route without obtaining additional operating authority
				from the Commission; provided that said carriers are destined to points on
				their regularly-authorized routes.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-1-9 ) to the Department of State Revenue ( 45 IAC 16-1-9 ) by P.L.
					 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1 - Motor Carrier Department › Section 1-12 - Safety requirements; applicable federal regulations

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 12.
SAFETY REQUIREMENTS. The Motor Carrier Safety Regulations
				  prescribed and adopted by the Federal Highway Administration Bureau of Motor
				  Carrier Safety not in conflict with the laws of the State of Indiana (except
				  Part 394-Recording and Reporting of Accidents), and the laws of the State of
				  Indiana areadopted as the Safety Rules and Regulations of this Commission.
				  Provided, however, that where the laws of the State of Indiana recognize said
				  Motor Carrier Safety Regulations as an alternative, compliance with said
				  Regulations shall be sufficient. (Copies of said Motor Carrier Safety
				  Regulations promulgated by the Federal Highway Administration Bureau of Motor
				  Carrier Safety may be obtained from the Superintendent of Documents, United
				  States Government Printing Office, Washington, D.C. 20402.)
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-1-12 ) to the Department of State Revenue ( 45 IAC 16-1-12 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1 - Motor Carrier Department › Section 1-13 - Lease and interchange of vehicles; applicability of section; definitions; exemptions

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 13.
(a)
				Applicability. This section applies to the augmenting of equipment by common
				and contract carriers of property by motor vehicles in intrastate commerce
				subject to the Act, IC 8-2-7 et seq.
[Repealed by P.L. 72-1988, SECTION
				10, effective March 1, 1990.]
, to the interchange of equipment between
				such common carriers of property by motor vehicle and to lease of equipment by
				common and contract carriers of property by motor vehicle, with or without
				drivers, to private carriers and shippers.
(b) Definitions. The following definitions
				are applicable to this section:
(1)
				Authorized Carrier. An authorized carrier shall mean a person or persons
				authorized to engage in the transportation of property as a common or contract
				carrier under the provisions of the Act, specifically IC 8-2-7-2(g), (h) and
				(i)
[Repealed by P.L. 72-1988, SECTION 10, effective March 1,
				1990.]
.
(2) Equipment.
				Equipment shall mean a motor vehicle, straight truck, tractor, semitrailer,
				full trailer, combination tractor-and-trailer, and or other type of equipment
				used by authorized carriers in the transportation of property for hire.
(3) Interchange of Equipment.
				Interchange of equipment shall mean the physical exchange of equipment between
				motor common carriers or the receipt by one such carrier of equipment from
				another such carrier, in furtherance of a through movement of traffic, at a
				point or points which such carriers are authorized to serve.
(4) Regular Employee. A regular employee
				shall mean a person who is not merely an agent but one who regularly is in
				exclusive full-time employment.
(5) Agent. An agent shall mean a person duly
				authorized to act for and on behalf of an authorized carrier.
(6) Owner. An owner shall mean a person:
(1) to whom title to equipment has been
				issued; or
(2) who as lessee has
				right to exclusive use of equipment for a period longer than 30 days; or
(3) who has lawful possession of
				equipment and has the same registered and licensed in any State or States or
				the District of Columbia in his or its name.
(7) Shipper. A shipper shall mean a person
				who consigns or receives property which is transported in intrastate commerce.
(8) Private Carrier. The term
				"private carrier of property by motor vehicle" shall mean any person not
				included in the terms "common carrier by motor vehicle" or "contract carrier by
				motor vehicle," who or which transports by motor vehicle in intrastate commerce
				property of which such person is the owner, lessee or bailee, when such
				transportation is for the purpose of sale, lease, rent, bailment or in
				furtherance of any commercial enterprise.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1 - Motor Carrier Department › Section 1-14 - Advertising by carriers of household goods

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 14.
ADVERTISING BY MOTOR COMMON CARRIERS OF HOUSEHOLD GOODS.
(a) Contents of Advertisement. Every
				motor common carrier engaged in the transportation of household goods in
				intrastate commerce, including any carrier providing any accessorial service
				incidental to or part of such intrastate transportation, shall include, and
				shall require each of its agents to include, in every advertisement as defined
				in Paragraph (c) of this Rule
[this section]
the name or trade
				name of the motor carrier under whose operating authority the advertised
				service will originate, and the certificate or docket number assigned to such
				operating authority by the Commission.
(b) Form of Certificate or Docket Number.
				Such certificate or docket number shall be in the following form in every
				advertisement: "P.S.C.I. Certificate No. _____ " but shall not include any
				subnumbers which may have been assigned.
(c) Advertisement Defined. The term
				"advertisement" means any communication to the public, in written or printed
				form, in connection with an offer or sale of any intrastate service, but shall
				not be construed to include a simple listing of a carrier's name, address and
				telephone number.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-1-14 ) to the Department of State Revenue ( 45 IAC 16-1-14 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1 - Motor Carrier Department › Section 1-15 - Annual reports; filing requirements

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 15.
FILING OF ANNUAL REPORTS.
(a) General. On or before the 30th day of
				April of each year every motor carrier operating motor vehicles for hire,
				intrastate, over the public highways of the State of Indiana, under a
				certificate of public convenience and necessity or permit issued by the
				Commission, shall file with the Commission an annual report for the preceding
				calendar year. Said reports shall be filed on such forms as from time to time
				may be prescribed and approved by the Commission.
(b) Carriers Engaged in Both Intrastate and
				Interstate Commerce. Motor carriers engaged in both intrastate and interstate
				commerce required to file annual reports with the Interstate Commerce
				Commission may file copies thereof with this Commission, which will be
				considered in full compliance with this rule
[this section]
.
(c) Carriers Engaged Solely in
				Interstate Commerce. Motor carriers engaged solely in interstate commerce shall
				not be required to file annual reports with the Commission.
(d) Carriers Engaged Solely in Urban Mass
				Transportation. Motor carriers of passengers, operating pursuant to the Urban
				Mass Transportation Act of 1965, I.C. 19-5-2
[IC 19-5 was repealed by
				P.L. 77-1982, SECTION 29, effective July 1, 1982.]
, et seq., shall not
				be required to file annual reports with the Commission.
(e) Failure to File Annual Reports. Upon the
				failure or refusal of any motor carrier to file an annual report in accordance
				with Paragraphs (a) and (b) of this Rule
[this section]
, the
				carrier's certificate or permit and all operations thereunder shall be
				suspended for a period of thirty (30) days by order of the Commission. During
				said suspension period the delinquent annual report shall be filed with and be
				subject to the approval of the Commission, which filing and approval by the
				Commission automatically shall act as a termination of the suspension and as a
				reinstatement of the certificate or permit of the carrier. If said filing and
				approval are not made during said thirty (30) day suspension period, then at
				the end of said period the certificate or permit of the carrier shall be
				cancelled and revoked without further order of the Commission. The Commission
				will not approve the sale and transfer of any such certificate or permit unless
				there has been full compliance with Paragraphs (a) and (b) of this Rule
[this section]
.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-1-15 ) to the Department of State Revenue ( 45 IAC 16-1-15 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1 - Motor Carrier Department › Section 1-16 - Separability

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 16.
SEPARABILITY. If any provision of these Rules or the
				  application thereof to any person or circumstances is invalid, such invalidity
				  shall not affect the other provisions or applications of these Rules, which can
				  be given effect without the invalid provision or application, and to this end,
				  the provisions of these Rules are declared to be separable.
Renumbered Rule 16 by 1974 amendment. Renumbered Rule 18 by
					 1978 amendment.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-1-16 ) to the Department of State Revenue ( 45 IAC 16-1-16 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-1 - Application and scope; definitions

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2
Sec. 1.
(a) These
				rules (170 IAC 1.2
[sic., 170 IAC 1-1.2 ]
) shall govern the
				practices and procedure in matters before the public service commission of
				Indiana, arising under Acts of the General Assembly of the state of Indiana
				conferring powers and duties upon said commission, IC 8-2, et. seq. These rules
				shall supersede totally 170 IAC 1-1.
(b)
(1)
				"Commission" means the public service commission of Indiana.
(2) "Applicant" means any person or entity
				filing an application for a certificate or permit with the commission.
(3) "Protestant" means any person
				or entity opposed to the relief sought by any applicant, who has notified the
				commission and the applicant of its intention to appear at least five (5) days
				prior to the date of the hearing.
(4) "Interested party" means any person
				interested in such proceeding who may appear in person or by attorney and offer
				evidence in support of or in opposition to the relief requested. An interested
				party need not be represented by an attorney, and he/she is not entitled to
				cross-examine any witnesses.
(5)
				"Presiding officer" means any member of the commission or administrative law
				judge empowered to conduct proceedings before the commission.
(6) "Complainant" means any person or entity
				who initiates a formal complaint against any carrier pursuant to IC 8-2 et.
				seq.
(7) "Respondent" means any
				person or entity who must respond to any order of the commission, or against
				whom a proceeding or investigation is initiated.
(8) "Pleading" means any application,
				petition, protest, answer, reply, motion or other similar document filed to
				initiate or in the course of any proceeding before the commission.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-2 - Filings with motor carrier division of the commission

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 2.
The filing of any pleading with the motor carrier division of
				  the commission may be made through the United States mail or in person as
				  follows:
(1) Filings made by mail shall
				be deemed to be filed on the date of receipt by the motor carrier division,
				except for exceptions to an order which are deemed to be received the date the
				document is deposited in the United States mail. All such filings shall be
				addressed to: Director of Transportation, Motor Carrier Division, Public
				Service Commission, 309 W. Washington Street, Suite 601, Indianapolis, IN
				46204.
(2)
(A) Filings made in person shall be deemed to
				be filed on the date of receipt by the director of transportation, except that
				no filing shall be accepted outside of the regular business hours of the
				commission, and
(B) the presiding
				officer at any hearing may permit appropriate pleadings to be filed at that
				hearing.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-3 - Appearances and attorneys

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 3.
(a) Any
				person may appear and represent his or her own interest before the commission.
				The interest of another person or entity shall be represented only by an
				attorney authorized to practice before the commission, pursuant to this
				section.
(b)
(1) Any attorney admitted to practice before
				the Supreme Court of the state of Indiana, and in good standing, may practice
				in all proceedings before the commission.
(2) Upon verified written application to the
				commission, an attorney admitted to practice before the Supreme Court of the
				United States, or the highest court of any other state of the United States,
				and in good standing, may be admitted to practice before the commission.
				Pending approval of such application, an attorney may be permitted to appear,
				at the discretion of a presiding officer at any hearing.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-4 - Pleadings; general requirements

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 4.
(a) All
				pleadings filed with the commission shall be signed either by an attorney
				eligible to practice before the commission or by each person joining therein in
				the manner following: by the person, if an individual; by a partner, if a
				partnership; by a corporate officer, if a corporation; if a municipal
				corporation, by an officer duly authorized to sign such pleading; and by a bona
				fide general officer, if an unincorporated association. In the case of a
				corporation having its principal office outside the state of Indiana, pleadings
				may be signed by an employee serving as managing agent of the corporation's
				Indiana operations.
(b) Petitions
				and complaints may be amended or supplemented only upon written or oral motion
				seeking leave of the presiding officer. Leave shall be granted upon a showing
				that little or no prejudice will result to any other party to the proceeding.
				Other pleadings may be amended, or supplemented so as to set forth matters
				occurring since filing upon such terms as the presiding officer deems proper.
(c) Except as required by law or
				otherwise provided herein, pleadings need not be verified. The signature of the
				party, if an individual, or by a duly authorized representative, if the party
				is an entity, or by the attorney for the party shall constitute a certificate
				that he has read the pleading that to the best of his knowledge, information
				and belief, that there is good ground to support it; and that it is not
				interposed solely for delay. Where a pleading, motion, supporting affidavit or
				other document of any kind is required to be verified, or where an oath is
				required to be taken, it shall be sufficient if a representative of the party
				and not the attorney simply affirms the truth of the matter to be verified. The
				party's affirmation shall be in the following language:
"I (we) affirm under penalties for perjury that the foregoing
				  representation(s) is (are) true.
(Signed)___________________________________________________________________________________________"
(d) Any individual who
				knowingly falsified an affirmation or representation of fact shall be subject
				to the same penalties as are prescribed by law for perjury, pursuant to IC
				35-44-2-1
[IC 35-44 was repealed by P.L. 126-2012, SECTION 53, effective
				July 1, 2012.]
.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 1-1.2-4 ) to the Department of State Revenue ( 45 IAC 16-1.5-4 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-5 - Complaints

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 5.
(a) In
				addition to the matters required by 170 IAC 1-1.2-4 complaints shall state the
				name of each respondent and of each other individual or entity, if any, who
				under any applicable statute or rule or form prescribed by the commission, is
				required to be named in the complaint because of his interest or possible
				interest in the subject matter. Such complaint shall state the address of each
				respondent, individual or entity if such address is known (or, if unknown, the
				fact that each of the parties joining in the complaint has been unable to
				ascertain such address upon reasonable inquiry).
(b) The caption of the complaint shall
				describe in general terms all the relief being sought in the petition.
(c) In addition to the matters
				required by 170 IAC 1-1.2-4, complaints shall contain:
(1) a plain and concise statement of the
				facts showing the interest of the complainant or each of the complainants, in
				the matters involved in the proceeding;
(2) a plain and concise statement of the
				facts which is deemed to necessitate or justify relief;
(3) a reference to the statutes by which the
				commission has jurisdiction and sections thereof or rules of the commission
				which are deemed applicable; and
(4) specific prayers for the relief which is
				deemed appropriate.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-6 - Answers

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 6.
(a) In
				addition to all matters required by 170 IAC 1-1.2-4, answers to any complaint
				must conform to the following:
(1) Answers
				shall be filed with the commission within twenty (20) days after the date of
				receipt of service unless a different time is prescribed by law or by the
				commission.
(2) The answer to a
				complaint shall set forth, in paragraphs numbered to correspond with the
				complaint, the facts upon which the respondent relies. All answers shall be in
				writing, and so drawn as fully and completely to advise the parties and the
				commission of the nature of the defense. They shall admit or deny specifically
				and in detail each material allegation of the pleading answer, and state
				clearly and concisely the facts and matters of law relied upon.
(3) Any respondent failing to file an answer
				within the applicable period shall be deemed to be in default, and all relevant
				basic facts stated in such complaint or petition may be deemed admitted.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-7 - Petitions

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 7.
(a) In
				addition to the matters required by 170 IAC 1-1.2-4 petitions shall contain:
(1) a plain and concise statement of the
				facts showing the interest of the petitioner, or each of the petitioners, in
				the matters involved in the proceeding;
(2) a plain and concise statement of the
				facts which are deemed to necessitate or justify relief;
(3) a reference to these statutes by which
				the commission has jurisdiction and sections thereof or rules of the commission
				which are deemed applicable; and
(4) specific prayers for the relief which is
				deemed appropriate.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-8 - Service

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 8.
(a) When
				service is effected by mail, first class mail shall be used.
(b) Orders, notices, and other documents
				originating with the commission, including all forms of commission action and
				similar process, and other documents designated by the commission for this
				purpose, shall be served by the commission by mail, except when service by
				another method shall be specifically required by the commission, by mailing a
				copy thereof to the person to be served, addressed to the person or persons
				designated in the initial pleading, submittal or notice of appearance at his or
				its principal office or place of business. When delivery is not accomplished by
				mail, it may be effected by any one
[sic.]
duly authorized by
				the commission.
(c) All pleadings,
				submittals, briefs, and other documents, filed in proceedings pending before
				the commission, by any party, when filed or delivered to the commission for
				filing, shall be served upon all participants in the proceeding.
(d)
(1) In
				any proceeding where any attorney has filed a pleading or submittal on behalf
				of a client or has entered an appearance pursuant to 170 IAC 1-1.2-2, any
				notice or other written communication required to be served upon or furnished
				to the client shall be served upon or furnished to the attorney in the same
				manner as prescribed for his client.
(2) When any participant has appeared by
				attorney, service upon such attorney shall be deemed service upon the
				participant and separate service on the participant may be omitted.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-9 - Subpoenas

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 9.
(a) Subpoenas
				for the attendance of witnesses and subpoenas duces tecum shall be issued at
				the request of any party. Subpoenas shall be signed by the secretary, or a
				member of the commission, and shall be issued under the seal of the commission.
(b) Parties shall prepare
				subpoenas for issuance and shall be responsible for service, which shall be
				shown by the return of the sheriff or the affidavit of the party or attorney
				serving the same. Such return of affidavit shall be promptly filed with the
				commission.
(c) Upon motion made
				at or before the time specified for compliance in any such subpoena, the
				commission may quash or modify the subpoena if it is unreasonable, untimely, or
				seeks no relevant evidence.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 1-1.2-9 ) to the Department of State Revenue ( 45 IAC 16-1.5-9 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-11 - Motions

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 11.
(a) Motions
				shall set forth the ruling or relief sought, and shall state the grounds
				therefor and the statutory or other authority relief
[sic.]
upon.
(b) Motions may be
				made in writing at any time, and motions made during hearings may be stated
				orally upon the record, or the presiding officer may require that such oral
				motions be reduced to writing and filed separately.
(c) Any party may respond to any motion.
				Responses to motions made during hearings may be stated orally upon the record,
				or the presiding officer may require that such oral responses be reduced to
				writing and filed separately. Responses to written motions shall be filed with
				the commission within ten (10) days after the date of the receipt of service of
				the motion, unless the presiding officer shall prescribe a different time.
(d) The party originally making or
				filing any such motion to which another party responds may reply to such
				response. Replies may be made orally during hearings or if made in writing,
				shall be filed with the commission within seven (7) days after the date of
				receipt of service of that response, unless the presiding officer shall
				prescribe a different time.
(e)
				The presiding officer is authorized to rule and shall rule upon any motion not
				formally acted upon by the commission prior to the commencement of the hearing
				where immediate ruling is essential in order to proceed with the hearing, and
				upon any motion filed or made after the commencement of the hearing and prior
				to the submission of a decision in the proceeding. The presiding officer by
				initial decision may render a final determination with regard to any motion
				prior to the termination of hearing including a question of jurisdiction, the
				establishment of a prima facie case, or standing. Motions made during the
				course of hearing, which if granted would otherwise dispose of a party's
				rights, should be acted upon by the presiding officer prior to taking further
				testimony if, in the opinion of the presiding officer, such action is
				warranted.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 1-1.2-11 ) to the Department of State Revenue ( 45 IAC 16-1.5-11 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-12 - Motor carrier protestants

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 12.
(a) Any
				individual or entity opposed to relief sought in any motor carrier case may
				become a party protestant at the hearing provided he has notified the
				commission and the applicant or applicant's attorney in writing of his
				intention to protest the application, at least five (5) days prior to the date
				of the initial hearing.
(b) A
				party who files timely notice of intention to protest in accordance with the
				provisions of subsection (a) of this section hereof shall be considered a party
				of record and shall be served with all pleadings, notices or orders thereafter
				issued or filed in this cause.
(c)
				When no protests are filed, the initial hearing shall be summary in nature, and
				it shall be sufficient for the applicant to present verified testimony or
				affidavits necessary to meet its burden of proof pursuant to Indiana law.
(d) When protests have been filed
				pursuant to subsection (a) of this section, the initial hearing shall be a
				prehearing conference for the purpose of:
(1)
				the simplification of issues;
(2)
				amending the pleading either for the purpose of clarification, amplification or
				limitation;
(3) making admissions
				of certain averments of facts or stipulations concerning the use by any party
				of matters of public record, to the end of avoiding the unnecessary
				introduction of proof;
(4)
				determining the procedure at the hearing;
(5) limiting the number of witnesses;
(6) determining the propriety of
				prior mutual exchange between or among the parties of prepared testimony and
				exhibits;
(7) discussing such
				other matters as may aid in the simplification of the evidence and disposition
				of the proceeding, including but not limited to, matters regarding discovery.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-14 - Evidence

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 14.
(a) Relevant
				and material evidence is admissible subject to objection on other grounds, but
				there shall be excluded such evidence as is unduly repetitious or cumulative.
(b) Any participant shall move the
				admission of evidence into the record upon presentation of the sponsoring
				witness and authentication.
(c)
				The presiding officer shall have all necessary authority to control the receipt
				and admissibility of evidence, including:
(1)
				ruling on the admissibility of evidence; and
(2) confining the evidence to the issues in
				the proceeding and impose, where appropriate:
(A) limitations on the number of witnesses to
				be heard;
(B) limitations of time
				and scope for direct and cross-examinations;
(C) limitations on the production of further
				evidence; and
(D) any other
				necessary limitations.
The presiding officer shall actively employ these powers to
				  direct and focus the proceedings consistent with due process.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-15 - Post hearing briefs and proposed orders

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 15.
(a) The
				presiding officer may require post hearing briefs or proposed orders, or both,
				to be filed by the parties. Where either or both are ordered to be filed, such
				briefs or proposed orders shall be filed simultaneously by all parties no later
				than fifteen (15) days following the closing of the evidentiary record unless
				otherwise provided by the presiding officer.
(b) Following the filing of all post hearing
				briefs and proposed orders, the presiding officer shall prepare a final order
				for consideration by the commission.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 1-1.2-15 ) to the Department of State Revenue ( 45 IAC 16-1.5-15 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-16 - Post hearing relief

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 16.
(a)
(1) At any time after the record is closed,
				but before a final order is issued, any party to the proceeding may file a
				petition to reopen the proceeding for the purpose of taking additional
				evidence. A petition to reopen shall set forth clearly the facts claimed to
				constitute grounds requiring reopening of the proceeding, including material
				changes of fact or law alleged to have occurred since the conclusion of the
				hearing, shall show that such evidence will not be merely cumulative, and shall
				be verified or supported by affidavit.
(2) Within ten (10) days following the
				service of such petition to reopen upon all parties to the proceeding, any
				other party may file an answer to the petition.
(3) The presiding officer or the commission,
				before issuance of the presiding officer's decision and commission approval,
				and upon notice to the parties, may reopen the proceeding for the receipt of
				further evidence if there is reason to believe that conditions of fact or of
				law have so changed as to require, or that the public interest requires, the
				reopening of the proceeding.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-17 - Dismissal of cases

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 17.
(a) The
				commission may, in its discretion, dismiss any proceeding which has been
				pending upon the commission docket for six (6) months which is not currently
				set for hearing and upon which no action has been taken by any party.
(b) Prior to such dismissal, the
				commission shall notify all parties to the proceeding by certified mail of its
				intention to dismiss. Notice shall be served at least ten (10) days prior to
				the entry of dismissal.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 1-1.2-17 ) to the Department of State Revenue ( 45 IAC 16-1.5-17 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 1.5 - Motor Carrier Practice and Procedure Before the Commission › Section 1.5-18 - Effect of other rules

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 18.
(a) Indiana
				statutes and rules of the Indiana Supreme Court governing civil practice and
				procedure shall apply in all cases not specifically provided for by 170 IAC
				1-1.2.
(b) 170 IAC 1-1.2 shall be
				subject to any special rules, regulations, or orders of the commission in
				effect from time to time, under or pursuant to the provisions of any statute of
				the state of Indiana or the United States of America or of the regulations of
				any agency of the United States government.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 1-1.2-18 ) to the Department of State Revenue ( 45 IAC 16-1.5-18 ) by
					 P.L. 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 2 - Construction and Filing of Passenger Fare Publications and Schedules; Express Tariffs and Time Tables › Section 2-1 - Publications must conform to regulations; definitions

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 1.
All publications filed, on and after January 1, 1946, must
				  conform with these regulations except as otherwise provided herein.
				  Publications filed prior to January 1, 1946, which do not conform to these
				  regulations shall be brought into conformity therewith on or before July 31,
				  1946.
The Commission may reject any publication which does not
				  comply with these regulations. The Commission may, for reasons deemed
				  sufficient, direct the re-issue of any publication, Power of Attorney, or
				  concurrence.
The term "tariff" as used herein means a publication stating
				  the fares and charges of a common carrier, and all rules which it applies in
				  connection therewith.
The term "schedule" as used herein means a publication
				  stating the minimum fares and charges of a contract carrier, and all rules
				  which it applies in connection therewith.
The term "time table" as used herein means a publication
				  stating the time of arrival and departure of buses.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-2-1 ) to the Department of State Revenue ( 45 IAC 16-2-1 ) by P.L.
					 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 2 - Construction and Filing of Passenger Fare Publications and Schedules; Express Tariffs and Time Tables › Section 2-2 - Common carrier tariffs; form; filing

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 2.
Construction and Filing of Tariffs.
(a) All tariffs and supplements thereto must
				be in book, pamphlet, or loose-leaf form of size 8 by 11 inches. They must be
				plainly printed, mimeographed, planographed, stereotyped, or reproduced by
				other similar durable process on paper of good quality.
No alteration in writing or erasure shall be made in any
				  tariff or supplement thereto.
A margin of not less than five-eighths of an inch without any
				  printing thereon must be allowed at the binding edge of each tariff and
				  supplement.
(b) Except as
				provided in rule 4, and unless otherwise authorized by the Commission, all
				tariffs and supplements must be filed and posted at least 10 days prior to the
				effective date thereof.
(c)
				Issuing carriers or their agents shall transmit to the Commission three copies
				of each tariff, supplement, or revised page. All copies shall be included in
				one package accompanied by a letter of transmittal listing all tariffs enclosed
				and addressed to the Public Service Commission of Indiana, 401 State House,
				Indianapolis 4, Indiana. All postage, etc., must be prepaid.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-2-2 ) to the Department of State Revenue ( 45 IAC 16-2-2 ) by P.L.
					 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 2 - Construction and Filing of Passenger Fare Publications and Schedules; Express Tariffs and Time Tables › Section 2-3 - Title page of tariff and supplement

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 3.
Title Page of Every Tariff and Supplement Shall Show in the
				  Order Named.
(a) On upper right-hand
				corner each tariff shall be numbered beginning with No. 1. Such number shall be
				shown as follows:
PSCI No. B- _____
When tariffs are issued cancelling a tariff or tariffs
				  previously filed the PSCI number or numbers of the tariff or tariffs cancelled
				  must be shown in the upper right-hand corner immediately under the PSCI number
				  of the new tariff. Example:
PSCI No. B-2
Cancels PSCI No. B-1
(b) Supplements to a tariff in addition to
				showing the PSCI number of the tariff amended thereby shall be numbered
				beginning with the number 1 and such information shall be shown in the upper
				right-hand corner. Supplements shall also show in the upper right-hand corner
				the number of any previous supplement cancelled thereby and also the numbers of
				the supplements containing all changes from the tariff.
Example:
Supplement No. 3 to
PSCI No. B-1
Cancels Supplement No. 2
Supplements Nos. 1 and 3 contain all changes
(c) Name of carrier or name of
				agent issuing tariff. Whenever two or more carriers join in a through fare or
				charge the names of all such carriers must be shown. The name of a carrier must
				be the same as that appearing in its application for a certificate. In the
				event of a successor its name must be shown as "Successor to _____ " as
				follows:
Example:
John Doe and William Doe
(Successors to A.B.C. Transportation Co.)
If the carrier is not a corporation, and a trade name issued,
				  the name of the individual or partners must precede the trade name.
Example:
John Doe and William Doe doing business as
A.B.C. Transportation Co.
Whenever two or more carriers join in a through fare or
				  charge, authority by means of proper power of attorney or concurrence, as
				  provided in rule 15, must be given the agent or carrier publishing the tariff.
(d) A brief description of
				the territories in which, or points from and to or between which, the tariff
				applies briefly stated.
(e) Date
				of issue and date effective.
(f)
				Name, title and street address of officer or agent by whom tariff is issued.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-2-3 ) to the Department of State Revenue ( 45 IAC 16-2-3 ) by P.L.
					 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 2 - Construction and Filing of Passenger Fare Publications and Schedules; Express Tariffs and Time Tables › Section 2-4 - Contents

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 4.
Tariffs Shall Contain in the Order Named.
(a) Table of contents, arranged in
				alphabetical order showing the number of the page on which each subject may be
				found. If a tariff contains so small a volume of matter that its title page or
				interior arrangement plainly discloses its contents, the table of contents may
				be omitted.
(b) Explanation of all
				abbreviations, symbols, and reference marks used in the tariff.
(c) Table of fares.-An explicit statement of
				the fares in cents or in dollars and cents, together with the names or
				description of the points from and to which they apply.
Tariffs containing tables of fares based on distances from
				  point of origin to destination must show the mileages or indicate a definite
				  method by which such mileages shall be determined.
(d) Carriers or their agents may not publish
				fares or charges which duplicate or conflict with fares or charges published by
				or for account of such carriers.
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-2-4 ) to the Department of State Revenue ( 45 IAC 16-2-4 ) by P.L.
					 72-1988, SECTION 12, effective July 1,
					 1988.
Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 16 - PETROLEUM SEVERANCE TAX › Rule 2 - Construction and Filing of Passenger Fare Publications and Schedules; Express Tariffs and Time Tables › Section 2-5 - Round-trip excursion fares

Current through July 10, 2024
Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 5.
Round-Trip Excursion Fares.
(a) Fares for round-trip excursions may be
				established, without further notice, upon posting tariffs in advance in a
				public and conspicuous place where tickets for such round-trip excursions are
				to be sold, and filing three copies thereof with the Commission, as follows:
For a round-trip excursion limited to a designated period of
				  not more than three days, including the first date any ticket to be sold under
				  the tariff may be used for the going journey and the last date any ticket to be
				  sold under the tariff may be used for the return journey, upon posting notice
				  of one day;
For a round-trip excursion limited to a designated period of
				  more than three days but not more than thirty days, including the first date
				  any ticket to be sold under the tariff may be used for the going journey and
				  the last date any ticket to be sold under the tariff may be used for the return
				  journey, upon posting notice of three days;
For a series of round-trip excursions, such series covering a
				  period not to exceed thirty days, including the first date any ticket to be
				  sold under the tariff may be used for the going journey and the last date any
				  ticket to be sold under the tariff may be used for the return journey, upon
				  posting notice of three days as to the entire series.
(b) The term "round-trip excursion" as used
				in this rule
[this section]
means an excursion between points
				on the regularly operated route or routes of a common carrier, and is not
				intended to embrace so-called special or charter operations.
(c) No supplement may be issued to any tariff
				which is published under this rule
[this section]
except for
				the purpose of cancelling the tariff.
(d) Each tariff issued under this rule
[this section]
must bear on its title page the following
				notations: Issued under the authority of Rule 4, Public Service Commission of
				Indiana, Indiana Order No. _____ .
Transferred from the Indiana Utility Regulatory Commission
					 ( 170 IAC 2-2-5 ) to the Department of State Revenue ( 45 IAC 16-2-5 ) by P.L.
					 72-1988, SECTION 12, effective July 1,
					 1988.