2006 New York Code - Rates And Charges; Contract Carriers.

 
    § 180. Rates and charges; contract carriers. 1. No contract carrier of
  property  by  motor vehicle shall engage in such transportation unless a
  copy of the contract and copies of any amendments to that  contract  are
  filed with the commissioner in accordance with any rules and regulations
  that the commissioner may prescribe.
    2.  No  contract  carrier  of  property by motor vehicle shall charge,
  demand, collect or receive a different compensation  for  transportation
  or  for  any  service in connection therewith than the rates and charges
  specified in the contract in effect and on file with the commissioner at
  the time of shipment and no such carrier shall refund or  remit  in  any
  manner or by any device, directly or indirectly, or through any agent or
  broker  or  otherwise, any portion of the rates or charges so specified,
  nor extend to any person any privilege for transportation except  as  is
  specified in its contract.
    3. Initial, first time, contracts shall be published and filed with at
  least  one  day's  notice  to the commissioner and must be in accordance
  with  the  rules  and  regulations  that  may  be  prescribed   by   the
  commissioner.
    4.  No reduction shall be made in any rate, charge, or classification,
  or the value of the service thereunder in any contract except  after  at
  least  thirty  days'  notice  of the proposed change filed and posted in
  accordance with the rules and regulations that may be prescribed by  the
  commissioner.  The  commissioner may for good cause shown, allow changes
  on less than thirty days notice  or  modify  the  requirements  of  this
  section either in particular instances or by general order applicable to
  special or particular circumstances or conditions.
    5.  Whenever, after a hearing, upon complaint or on the commissioner's
  own initiative, the commissioner finds that any charge of  any  contract
  carrier or contract carriers is unreasonably low or any rule, regulation
  or  practice  of  any such carrier or carriers affecting such charge, or
  the value of the service  thereunder  results  in  an  unreasonably  low
  charge,  the  commissioner  may  prescribe  such  charge  or  such rule,
  regulation or practice as the commissioner determines may  be  necessary
  or  desirable  in  the  public interest. All complaints filed under this
  subdivision shall state fully the facts complained of and the reason for
  such complaint and shall be made under oath.
    6. Whenever there shall be filed with the  commissioner  by  any  such
  contract  carrier  any  contract  or  amendment  to a contract stating a
  reduced charge, or which has the effect of reducing a charge by means of
  any rule, regulation or practice, the commissioner may,  upon  complaint
  or   on  the  commissioner's  own  initiative,  suspend  and  defer  the
  implementation in part or in whole of  any  such  contract  or  contract
  amendment  for  a period of six months. After investigation and hearing,
  the commissioner may allow the suspended matter as proposed or issue  an
  order directing the carrier to cancel or modify the proposed contract or
  contract  amendment.    Provided,  however,  that  if  a decision is not
  rendered within the six month suspension period the proposed contract or
  amendment shall go into effect at the end of such suspension period.  In
  any  hearing to determine the reasonableness or lawfulness of a proposed
  reduction the burden of proof  shall  be  on  the  carrier  or  carriers
  proposing the reduction.