45 Ind. Admin. Code 16-2-16

Current through January 8, 2025

Section 45 IAC 16-2-16 - Powers of attorney and concurrences; issuance; filing; cancellation

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 16.

Powers of Attorney and Concurrences.

(a) Whenever a carrier desires to give authority to an attorney and agent to issue and file tariffs and supplements thereto in its stead a power of attorney in the following form shall be used. Size 8 by 10 1/2 inches:

PSCI No. B _____

Cancels PSCI No. B _____

(Name of carrier), (Post Office Address),

______________ , 19 _____ .

Know all men by these presents:

That the (name of the carrier) has made, constituted, and appointed, and by these presents does make, constitute, and appoint (name of principal agent appointed) its true and lawful attorney and agent for the said carrier, and in its name, place and stead, (1) for it alone and (2) for it jointly with other carriers, to publish and file tariffs naming (here specify whether fares and charges and/or rules applying from, to, or at points on or via route or routes, or express classifications) as required of common carriers of passengers by the Motor Vehicle Act, 1941, and by regulations established by the Public Service

Commission of Indiana, thereunder. (If the authority granted runs only to a specific tariff, so state and describe such issue as follows):

(Here give exact description of title page of tariff, including PSCI number and the name of series. When date of issue and/or effective date are determined such date or dates must be shown.)

And the said (name of carrier) does hereby give and grant unto its said attorney and agent full power and authority to do and perform all and every act and thing above specified as fully to all intents and purposes, as if the same were done and performed by the said carrier, hereby ratifying and confirming all that its said attorney and agent may lawfully do by virtue hereof, and assuming full responsibility for the acts and neglects of its said attorney and agent hereunder.

And further, that the (name of the carrier) has made, constituted, and appointed, and by these presents does make, constitute, and appoint as alternate (name of alternative agent appointed) its true and lawful attorney and agent, for said carrier and in its name, place, and stead, (1) for it alone and (2) for it jointly with other carriers in case and only in case of the death or disability of the said (here insert name of principal agent) to do and perform the same acts and exercise the same authority as hereinabove granted to (here insert name of agent first hereinabove named).

In witness whereof the said carrier has caused these presents to be signed in its name by its (here give title of person signing)

at (name of city or town) in (name of county) State of (name of State) on this (date) day of (month), 19 _____ .

____________________________________

(Name of carrier in full)

By __________________________________

(Name and title of person signing)

Attested ____________________

(Witness) (Corporate seal if any)

(b) Whenever a carrier desires to concur in tariffs issued and filed by another carrier or its agent a concurrence in the following form shall be issued in favor of such other carrier. Size 8 by 10 1/2 inches.

PSCI No. B _____ .

Cancels PSCI No. B _____ .

(Name of Carrier) (Post Office Address)

____________________ , 19 _____ .

To Public Service Commission of Indiana, Tariff Bureau, 401 State House, Indianapolis 4, Indiana.

This is to certify that the (name of carrier) assents to and concurs in the publication and filing of any tariff or supplement thereto which (name of carrier to whom concurrence is given) or its agent may publish and file and in which this carrier is shown as a participating carrier and hereby makes itself a party thereto and bound thereby, insofar as such tariff or supplement contains (here specify whether fares or charges applying from, to or at points on or via its route or routes or express classifications), until this authority is revoked by formal notice of revocation filed with the Public Service Commission of Indiana and sent to the carrier to which this concurrence is given. (If the authority granted runs only to a specific tariff, so state and describe such issue as follows):

(Here give exact description of title page of tariff, including PSCI No. B _____ and name of series. When date of issue and/or date effective are determined, such date or dates must be shown.)

___________________________________

(Name of carrier in full)

By __________________________________

(Name and title of person signing)

Attested __________________

(Witness)

(Corporate seal if any.)

(c) The original of all powers of attorney and concurrences shall be filed with the Commission and a duplicate of the original sent to the agent or carrier in whose favor such document is issued.

(d) Whenever a carrier desires to cancel the authority granted an agent or another carrier by power of attorney or concurrence, this may be done by a letter addressed to the Commission revoking such authority on 60 days' notice. Copies of such notice must also be mailed to all interested parties.

45 IAC 16-2-16

Department of State Revenue; No. 17686: Construction and Filing of Common Carrier Passenger Fares Sec 4,Rule 15; filed Jan 2, 1946, 10:00 am: Rules and Regs. 1947, p. 1751

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-2-16) to the Department of State Revenue ( 45 IAC 16-2-16) by P.L. 72-1988, SECTION 12, effective July 1, 1988.