Ga. Comp. R. & Regs. 515-16-2-.03

Current through Rules and Regulations filed through October 17, 2024
Rule 515-16-2-.03 - Complaints

All complaints made to the Georgia Public Service Commission involving motor carriers must plainly and distinctly state the grounds thereof, all being set forth in writing. In like manner, all defenses must be made in writing and must plainly and distinctly state the grounds thereof. The complaint must be accompanied by supporting documentation such as invoice, bill of lading and/or claim forms. Other than matters pertaining to a statute rule violation where a customer refund is expressly authorized and the recovery of carrier overcharge above maximum tariff rates and except for disallowed towing rates and storage fees under O.C.G.A. § 44-1-13, the Commission is not empowered to adjudicate disputed freight loss, freight damage or other monetary claims between carriers and customers in transportation matters. Notwithstanding the previous sentence, nothing shall prevent the Commission staff from mediating a pre-litigation settlement of such monetary claims between a carrier and a customer and accepting carrier refund or payment for loss or damage to a customer in lieu of recommending assessment by the Commission of all or a portion of civil penalties authorized by statute or these Transportation Rules. If the involved parties reach an impasse, the parties would have to be referred to the appropriate court of competent jurisdiction for further resolution.

Ga. Comp. R. & Regs. R. 515-16-2-.03

Authority O.C.G.A. Secs. 46-2-20, 46-7-19, 46-7-20, 46-7-22, 46-7-23, 46-7-27, 46-7-38.

Original Rule entitled "Complaints" adopted. F. June 10, 2008; eff. June 30, 2008.