Sec. 19. (a) Any person or governmental entity may complain in writing to the department that any rate, fare, charge, tariff, classification, rule or practice in effect, or proposed to be put in effect by any carrier or carriers is, or will be, in violation of this chapter. When such a complaint is made, the department shall, after due notice to the carrier or carriers complained of, hear the complaining parties.
(b) If the department is of the opinion that any individual or joint rate, fare, tariff, charge, or classification being made or demanded by any common carrier or carriers subject to this chapter or by any common carriers operating in conjunction with common carriers by railroads or by water is, or will be, unjust and unlawful and unreasonable or unjustly discriminatory, or unduly preferential or unduly prejudicial, it shall determine and prescribe lawful maximum or minimum, and maximum and minimum rates, fares, charges, tariffs, rules, and classifications thereafter to be observed or thereafter to be made effective. The department may, on its own initiative, without complaint, whenever deemed by the department to be necessary and desirable in the public interest, establish through routes, joint classifications, joint rates, fares, charges, tariffs, regulations, or practices for the transportation of passengers or household goods by common carriers by motor vehicle or the carrier by railroad or by water, and may fix the maximum or minimum or the maximum and minimum rates to be charged and the terms and conditions under which the fares and charges shall be applied and the routes to be operated.
(c) The department may, after hearing or on its own initiative, prescribe what the just, reasonable, and equitable division of rates, fares, and charges are to be received and collected by the several carriers and require adjustment to be made between those carriers in accordance therewith. In those cases the department may require adjustment or division between the carriers from the date of filing the complaint or the entry of the order or any other date subsequent thereto as the department finds is just and reasonable, and in case joint rates are fixed by the department, the order as to those divisions may be made effective as of the date on which the investigation was ordered.
As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.15.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 2.1. Motor Carrier Regulation
Chapter 22. Transportation of Passengers and Household Goods
8-2.1-22-3. Powers and Duties of Department
8-2.1-22-5. Witnesses; Hearings; Orders
8-2.1-22-6. Reconsideration or Rehearing
8-2.1-22-8. Cooperation With Other State Agencies
8-2.1-22-9. Additional Powers of Department; Employment and Compensation of Staff
8-2.1-22-10. Establishment of Competing Transportation System by County, City, or Town
8-2.1-22-11. Certificate Required; Public Hearing
8-2.1-22-12.5. Issuance of Certificate for Transportation of Household Goods for Compensation
8-2.1-22-13. Public Hearing; Time and Place; Notice; Burden of Proof; Considerations
8-2.1-22-15. Ownership of Certificate or Permit; Sale or Transfer
8-2.1-22-16. Contract Carriers; Permit Required
8-2.1-22-17. Contract Carrier Permit; Public Hearing; Considerations; Contents
8-2.1-22-18. Agreements With Other Common Carriers; Routes and Rates; Discrimination
8-2.1-22-19. Complaints; Fixing of Routes or Rates
8-2.1-22-20. Filing of Schedule Stating New Rate or Charge; Hearing; Burden of Proof; Suspension
8-2.1-22-21. Reasonableness of Rates and Charges; Considerations
8-2.1-22-22. Actions for Recovery of Charges or Overcharges; Limitations
8-2.1-22-25. Contract Carriers; New Service or Reduced Charge; Hearing; Suspension
8-2.1-22-27. Brokerage License Requirements
8-2.1-22-28. Certificate Requirement Exemptions
8-2.1-22-29. Operation and Impoundment of Motor Vehicle for Hire; Operating Authority Required
8-2.1-22-30. Amendment, Change, Suspension, or Revocation of Certificate or Permit
8-2.1-22-31. Broker's License; Duration; Fee; Suspension or Revocation
8-2.1-22-32. Application of Chapter
8-2.1-22-33. Registration of Vehicles
8-2.1-22-34. Nonresident Carriers; Service of Process
8-2.1-22-35. Highway Designation to Prevent Congestion; Enforcement and Notice of Orders
8-2.1-22-36. Temporary Authority or Emergency Temporary Authority for One Trip or Occasional Trips
8-2.1-22-37. War or National Emergency; Suspension of Certificate or Permit
8-2.1-22-39. Expiration of Vehicle Registrations
8-2.1-22-42. Intrastate Carriers; Identification to Be Displayed on Each Vehicle
8-2.1-22-44. Deposit of Fees Into Motor Carrier Regulation Fund
8-2.1-22-45. Augmenting, Interchanging, or Leasing Equipment
8-2.1-22-46. Proof of Financial Responsibility; Surety Bond or Insurance; Violations and Penalties