Rule 515-16-9-.04 - No Change in Rates, Fares, Charges, or Service(1) No change shall be made by any carrier transporting household goods or passengers (hereinafter referred to as "carrier") subject to the jurisdiction of the Commission in any rate, fare, charge, or service or in any rule or regulation relating thereto, except after proper notice to the Commission and to the public, as prescribed below, unless the Commission otherwise orders, or has previously approved the same. Such notice shall be given by filing with the Commission and keeping open for public inspection new schedules stating plainly the change(s) to be made and the time when they shall take effect.(2) The Commission shall have the authority, either upon written complaint or upon its own initiative without complaint, to conduct a hearing on lawfulness of such rate, fare, charge, or service. Pending such hearing and the decision thereon, the Commission, may suspend the operation of such schedule and defer the use of such rate, fare, charge, or service, by notifying the carrier in writing of the reason for suspension, but not for a longer period than five (5) months from the proposed effective date of the publication. The Commission may make such orders as are proper with references thereto within the authority vested in them. The Commission is empowered to reduce or revoke any such suspension with respect to all or any part of such schedule. If the proceeding has not been concluded and an order made at the expiration of the suspension period, the proposed change of rate, fare, charge, or service shall go into effect at the end of the suspension period.(3) Notwithstanding other provisions of this Rule and Commission Transportation Rule 515-16-9-.05, the Commission, EXCEPT for the transportation of household goods: (a) Shall not suspend or investigate a motor passenger carrier's proposed decrease in a rate, fare or charge on the basis of the level of such rate, fare or charge, unless it appears to the Commission on its own initiative or by a complaint that such decrease will result in unjust discrimination, constitute a predatory competitive practice or impose an unreasonable burden on intrastate commerce. In the case of a complaint, the burden of proof shall be on the complaining party to prove the allegations made;(b) Shall, unless otherwise ordered by the Commission, require 15 days' notice for the filing of decreases and 20 days' notice for the filing of increases in carrier rates, fares or charges;(c) Shall require only one day's notice by motor passenger carriers for reductions published to meet the competition of already published rates, fares or charges of other carriers.(4) Any increase in household goods rates and charges must be filed with the Commission on not less than thirty days' notice. Any reduction in rates and charges which are published to meet competitions existing rates and charges may be filed on less than the thirty days' notice.Ga. Comp. R. & Regs. R. 515-16-9-.04
Authority O.C.G.A. Secs. 46-7-18, 46-7-19.
Original Rule entitled "No Change in Rates, Fares, Charges, or Service" adopted. F. June 10, 2008; eff. June 30, 2008.