Montana Code Annotated 1995

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     69-14-311. Procedure to alter classifications, rates, and rules of service. (1) The commission shall have the power from time to time to change, alter, amend, or abolish any classification or rate established by it when deemed necessary, as hereinafter provided.
     (2) No change or revision of any rate, charge, classification, or rule of service contained in any tariff, classification, or rule of a railroad shall be made by any railroad without first obtaining approval therefor from the commission. Such changes or revisions shall be made by either of the methods hereinafter set forth:
     (a) The railroad shall file an application with the commission describing the nature and extent of the change, alteration, or cancellation of the rate, classification, or rule sought, and the commission shall thereafter give not less than 10 days' notice, in the manner determined by the commission as most likely to give notice to the persons to be affected, of the time and place of public hearing to be held on the application by the commission, at which time and place the public generally or any person, firm, or corporation shall have an opportunity to present such facts, information, or statistics as shall be pertinent to the hearing then being held.
     (b) The railroad shall file with the commission the tariff sheet or sheets containing such changes or revisions, plainly stating the changes or revisions to be made. Whenever increased rates or charges will result, the proposed tariff sheets shall be accompanied at the time of filing by supporting testimony and exhibits prepared by the railroad. Additional testimony and exhibits may be submitted before or during the hearing provided for in 69-14-312 and may be submitted after the hearing with the approval of the commission. The public shall be provided with such notice of the proposed changes or revisions as the commission shall, by rule, require. The tariff sheet or sheets containing such changes or revisions shall be filed with the commission 45 days before the proposed effective date. The changes or revisions are effective on the stated effective date unless disallowed or suspended by the commission before that date. The commission may, for good cause, allow any change or revision to become effective in less than 45 days after the filing thereof.

     History: En. Sec. 15, Ch. 37, L. 1907; Sec. 4377, Rev. C. 1907; amd. Sec. 1, Ch. 176, L. 1921; re-en. Sec. 3796, R.C.M. 1921; re-en. Sec. 3796, R.C.M. 1935; amd. Sec. 1, Ch. 227, L. 1971; amd. Sec. 1, Ch. 429, L. 1973; R.C.M. 1947, 72-118(part); amd. Sec. 1, Ch. 430, L. 1979.

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