45 Ind. Admin. Code 16-3-32

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Current through November 6, 2024

Section 45 IAC 16-3-32 - Powers of attorney; forms; revocation

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 32.

POWERS OF ATTORNEY.

(a) Forms.

(1) The forms set forth in this rule shall be used by a contract carrier of property to give authority to an agent to publish distance tariffs and supplements thereto or tariffs and supplements thereto naming the hazardous materials regulations as promulgated by the Department of Transportation to govern the transportation of explosives and other dangerous articles. See Rule 2(b).

(2) Powers of attorney shall be printed or typed on paper of good quality, either 8 x 11 or 8 1/2 x 11 inches in size. Each power of attorney shall be given a serial number which shall run consecutively for each form of instrument.

(b) Individual acting as agent. This form shall be used to authorize an individual to act as agent:

POWER OF ATTORNEY

P.S.C.I. M3 No. _____

Cancels P.S.C.I. M3 No. _____

___________________________

(Name of Carrier)

___________________________

(Post Office Address)

_____ , 19 _____

Know all men by this instrument:

That (Name of granting carrier-see paragraph (d) of Rule 5,) a contract carrier of property by motor vehicle, does (do) hereby make, constitute and appoint (Name of principal agent) attorney and agent to publish and file for such carrier (Here specify affirmatively the precise authority given to the agent; that is, either distance tariffs and supplements thereto or tariffs and supplements thereto naming rules and regulations as promulgated by the Department of Transportation to govern the transportation of hazardous material) as permitted or required of contract carriers by motor vehicle under the authority of Department of Transportation issued pursuant thereto and does (do) hereby ratify and confirm all that said attorney and agent may lawfully do by virtue of the authority herein granted and does (do) hereby assume full responsibility for the acts and failures to act of said attorney and agent.

And, further, that (Name of granting carrier-see paragraph (d) of Rule 5) does (do) hereby make and appoint (Name of alternate agent) alternate attorney and agent to do and perform the same acts and exercise the same authority herein granted to (Name of principal agent) in the event and only in the event of the death or disability of (Name of principal agent).

_____________________

(Name of Carrier)

By _____________________

(See paragraph (e), Rule 5) Attest (If a corporation):

, Secretary. (Corporate Seal) Duplicate mailed to , Agent.

_________________________________________________

(c) Corporation or association acting as agent. This form shall be used to authorize a corporation or association (see paragraph (g) of this rule) to act as agent:

POWER OF ATTORNEY

P.S.C.I. M4 No. _____

Cancels P.S.C.I. M4 No. _____

________________________

(Name of Carrier) ________________________

(Post Office Address)

_____ , 19 _____

Know all men by this instrument:

That (Name of granting carrier-see paragraph (d) of Rule 5), a contract carrier of property by motor vehicle, does (do) hereby make, constitute and appoint (name of agent) attorney and agent to publish and file for such carrier (Here specify affirmatively the precise authority given to the agent; that is, either distance tariffs and supplements thereto or tariffs and supplements thereto naming rules and regulations as promulgated by the Department of Transportation to govern the transportation of hazardous materials) as permitted or required of contract carriers by motor vehicles under the authority of Department of Transportation issued pursuant thereto and does (do) hereby ratify and confirm all that said attorney and agent may lawfully do by virtue of the authority herein granted and does (do) hereby assume full responsibility for the acts and failures to act of said attorney and agent.

____________________

(Name of Carrier)

By ____________________

(See paragraph (e), Rule 5) Attest (If a corporation:

, Secretary. (Corporate Seal) Duplicate mailed to , Agent.

_________________________________________________

(d) Full and correct carrier name to be shown. In the space for the name of the carrier in Power of Attorney Forms, there must be shown, if the carrier is an individual, the individual name followed by the trade name, if any. If the carrier is a partnership, the correct names of all partners must be given, followed by the trade name, if any. If the carrier is a corporation, the correct corporate name must be used. (See paragraph (e) of this rule.) In all cases, the name of the carrier must be identical with the name as it appears in the permit issued by the Commission.

(e) Persons who may sign powers of attorney. If the carrier is an individual, the power of attorney must be signed by the individual. If a partnership, the power of attorney must be signed individually by each partner. If the carrier is a corporation, the power of attorney must be signed by the president or vice-president, attested by the secretary of the corporation, and the corporate seal shall be affixed.

(f) Type of publication to be specified. The power of attorney shall specify whether the agent designated therein shall publish a distance tariff or a tariff of rules and regulations governing the transportation of explosives and other dangerous articles, or both.

(g) Agents, who may be. Agents may be natural persons, corporations, or unincorporated associations whose articles of association (or other form of agreement) have been approved by the Commission. An officer or employee of an incorporated tariff publishing agent may not act as agent in his individual capacity for the publication of tariffs.

(h) Revocation of powers of attorney. A power of attorney may be revoked upon not less than sixty days' notice to the Commission by filing a notice of revocation with the Commission, serving at the same time a copy thereof on the agent in whose favor such power of attorney was executed. Such notice shall not bear a separate serial number, but shall specify the form and number of the power of attorney to be revoked, shall name the agent and alternate agent, if any, in whose favor the power of attorney was executed, shall specify a date upon which revocation is to become effective, which must not be less than sixty days subsequent to the date of its receipt by the Commission and shall be executed in the following manner on paper of good quality, size either 8 x 11 inches or 8 1/2 x 11 inches:

REVOCATION NOTICE

___________________________

(Name of Carrier)

___________________________

(Post Office Address)

_____ , 19 _____

Know all men by this instrument:

Effective _____ , 19 _____ , power of attorney P.S.C.I. M. _____ No. _____ issued by

(Name of Carrier) in favor of

(Name of agent and of alternate, in any)

________________________________

(Name of Carrier)

By _________________________________

(See paragraph (d) and (e) of Rule 5) Attest (If a Corporation):

, Secretary. (Corporate Seal)

Duplicate mailed to , Agent.

(Name of Agent)

________________________________________________

(Address)

________________________________________________

(Date)

45 IAC 16-3-32

Department of State Revenue; No. 33034: Schedules of Rates by Motor Vehicles In Intrastate Commerce PT B,Rule 5; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 524

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-32) to the Department of State Revenue ( 45 IAC 16-3-32) by P.L. 72-1988, SECTION 12, effective July 1, 1988.