Section 45 IAC 16-3-39 - Suspension supplements and postponement notices; formsAuthority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 39.
SUSPENSION SUPPLEMENTS AND POSTPONEMENT NOTICES.
(a) All carriers subject to the schedule publishing rules in this Part (PART B) and their duly appointed agents are hereby authorized to: (1) Publish the following provisions in the supplements (other than consolidated suspension supplements) to their respective schedules, announcing suspension of rates, fares or other provisions of said schedules: POSTPONEMENT NOTICE If this supplement is not cancelled on or before (here insert date to which suspended), the effective date of the above-described suspended publication or publications remaining under suspension until that date is hereby postponed to the date upon which this supplement is cancelled. The rates, charges, classifications, rules, regulations, practices, and other provisions continued in force by the above-mentioned order of suspension will apply during the period of suspension and postponement unless and until lawfully changed.
(2) Publish in bound tariffs or supplements thereto, or in loose-leaf tariffs or pages thereto, immediately following the first sentence the "Notice of Suspension" a postponement notice reading substantially as follows: The effective date of such suspended provisions is hereby postponed to and including _____ .
The effective date of such suspended provisions which was postponed to and including _____ is hereby further postponed to and including _____ .
All such provisions to be made effective not later than the date to which suspended or postponed and upon as much notice as possible, but in no event less than 1 day's notice.
(b) Where the supplement announcing suspension does not contain postponement notice authorized in Paragraph (a) (1) of this rule and some or all of the matter remains under suspension until the end of the suspension period, carriers and their agents are hereby authorized to issue a postponement notice in a regular supplement or a postponement supplement to their schedule affected, such postponement notice or postponement supplement to provide that the effective date of such matter remaining under suspension is postponed to a specific date or to the date upon which the postponement notice or postponement supplement is cancelled. The supplement containing such postponement notice to provide for the cancellation of the suspension supplement, shall bear an effective date which will be the same date as that named in the suspension order and to be made effective upon as much notice as possible, but in no case less than 1 day's notice. (c) Where the suspended matter is under postponement to a specific date under authority of Paragraph (b) of this rule and it is desired to further postpone the effective date, carriers or agents may issue a supplement to their tariff or schedule affected, such supplement to cancel the postponement supplement (if it contains only the notice of postponement) or the postponement notice (if in a supplement containing other matter) and to provide that the effective date of the matter remaining under postponement to the end of the postponement period, is further postponed to a specific date or to the date upon which the postponement supplement or postponement notice is cancelled. The postponement notice or supplement issued hereunder to be made effective not later than the date shown in the previous postponement notice and upon as much notice as possible but in no case less than 1 day's notice. (d) When the Commission has found the suspended matter justified and the effective date of such matter is under postponement or further postponement, the publishing carrier or agent may within the period of postponement publish and file a supplement (when to a bound schedule) or revised page (when to a loose-leaf schedule) to their schedule affected, such supplement or page to cancel the postponement notice or postponement supplement (in the case of a loose-leaf schedule the postponement supplement may be cancelled by a revised check sheet), cancel the matter continued in effect during the period of postponement and make the postponed matter effective, the supplements or pages issued under this paragraph to bear an effective date which will be earlier than the date to which postponed and be made effective upon not less than 1 day's notice. (e) Supplements issued to bound schedules under authority of Paragraphs (b), (c), and (d) of this rule [this section] which contain no other matter, may be issued without regard to the terms of Rule 3(u) of these regulations, but thereafter such supplements will be counted against the number of supplements and volume of supplemental matter until they are cancelled. (f) Publications issued hereunder to make specific reference hereto as authority for short notice filing or for tariff circular departure by using the following notation wholly or in part: Issued on (show number of days) notice; Tariff Circular departure authorized. This authority does not, except as expressly indicated, waive or modify any outstanding formal order of the Commission, any of the requirements of its published rules relative to the construction and filing of the schedules, nor any of the provisions of the Motor Carrier Act.
Department of State Revenue; No. 33034: Schedules of Rates by Motor Vehicles In Intrastate Commerce PT B,Rule 12; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 530Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-39) to the Department of State Revenue ( 45 IAC 16-3-39) by P.L. 72-1988, SECTION 12, effective July 1, 1988.