2006 New York Code - Changes In Fares And Charges; Notice Required; Power Of Suspension By The Commissioner.

 
    § 99.  Changes  in  fares  and  charges;  notice  required;  power  of
  suspension by the commissioner. 1.  Unless  the  commissioner  otherwise
  orders,  no  change  shall be made in any rate, fare or charge, or joint
  rate, fare or charge, which shall have been filed  and  published  by  a
  common  carrier  in  compliance  with  this chapter, except after thirty
  days' notice to the commissioner and  publication  for  thirty  days  as
  required  by section ninety-eight, which shall plainly state the changes
  proposed to be made in the schedule then in force, and the time when the
  changed rate, fare or charge will  go  into  effect;  and  all  proposed
  changes  shall be shown by printing, filing and publishing new schedules
  or shall be plainly indicated upon the schedules in force  at  the  time
  and  kept  open  to  public inspection. The commissioner, for good cause
  shown, may allow changes in rates without  requiring  the  thirty  days'
  notice   and  publication  herein  provided  for,  by  duly  filing  and
  publishing in such manner as he  may  direct  an  order  specifying  the
  change  so made and the time when it shall take effect; all such changes
  shall be immediately indicated upon its schedules by the common carrier.
  Whenever there shall be  filed  with  the  commissioner  by  any  common
  carrier  any  schedule  stating  a new individual or joint rate, fare or
  charge, or any  new  individual  or  joint  classification  or  any  new
  individual  or  joint regulation or practice affecting any rate, fare or
  charge, the commissioner shall have and he is  hereby  given  authority,
  either  upon  complaint or upon his own initiative without complaint, at
  once, and if he so orders without answer or other formal pleading by the
  interested carrier or carriers, but upon  reasonable  notice,  to  enter
  upon  a  hearing  concerning  the  propriety of such rate, charge, fare,
  classification, regulation or practice; and  pending  such  hearing  and
  decision  thereon,  the commissioner upon filing with such schedule, and
  delivering to the carrier or carriers affected thereby, a  statement  in
  writing of his reasons for such suspension, may suspend the operation of
  such   schedule   and   defer  the  use  of  such  rate,  fare,  charge,
  classification, regulation or practice, but not for a longer period than
  one hundred and twenty days  beyond  the  time  when  such  rate,  fare,
  charge,  classification,  regulation or practice would otherwise go into
  effect; and after full hearing whether completed  before  or  after  the
  rate,  fare,  charge,  classification,  regulation or practice goes into
  effect, the commissioner may make such order in reference to such  rate,
  fare, charge, classification, regulation or practice, as would be proper
  in  a proceeding initiated after the rate, fare, charge, classification,
  regulation or practice had become effective. Provided, that if any  such
  hearing  cannot  be  concluded within the period of suspension, as above
  stated, the commissioner may, in his  discretion,  extend  the  time  of
  suspension   for   a  further  period  not  exceeding  six  months.  The
  commissioner may as authorized by subdivision one of section one hundred
  nineteen establish temporary rates for any period  of  suspension  under
  this  section.  At  any hearing involving a rate, the burden of proof to
  show that the change in rate if proposed by the common carrier, or  that
  the  existing  rate,  if on motion of the commissioner or in a complaint
  filed with the commissioner it is proposed to reduce the rate,  is  just
  and  reasonable  shall  be upon the common carrier; and the commissioner
  may give to the hearing and decision of such questions  preference  over
  all  other  questions pending before him and decide the same as speedily
  as possible.