45 Ind. Admin. Code 16-3-22

Current through November 6, 2024

Section 45 IAC 16-3-22 - Powers of attorney; forms; authority conferred; revocation

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 22.

POWERS OF ATTORNEY.

(a) Forms of powers of attorney.

(1) The following forms shall be used by a carrier to give authority to an agent to publish and file tariffs and supplements in which such carrier participates. (Existing powers of attorney which are not otherwise objectionable need not be reissued merely to comply with the prescribed form.)

(b) Corporation. This form shall be used to authorize a corporation to act as agent:

POWER OF ATTORNEY

P.S.C.I. M1 No. ________

Cancels P.S.C.I. M1 No. ________

_________________________________

(Name of Carrier)

_________________________________

(Post Office Address)

____________ , 19 _____

Know all men by this instrument:

That, on the _____ day of _____ , 19 _____ , (see Note 1, paragraph (e)) carrier of property by motor vehicle does (do) hereby make and appoint _____ attorney and agent to publish and file for such carrier freight tariffs and supplements thereto, as permitted or required of common carriers of property by motor vehicle under authority of the Motor Carrier Act, and the regulations of the Public Service Commission of Indiana issued pursuant thereto, and does (do) hereby ratify and confirm all that said attorney and agent may lawfully do by virtue of the authority herein granted and does (do) hereby assume full responsibility for the acts and failure to act of said attorney and agent.

___________________________

(Name of Carrier)

By ___________________________

Attest (If a Corporation):

_____________________________________________ , Secretary.

Duplicate mailed to __________________________________________ , Agent.

_______________________________________________

_______________________________________________

(c) Unless specifically authorized by the Commission, an official or an employee of a corporation may not act as agent when such corporation acts as agent.

(d) Corporation, as agent.

(1) A corporation, duly authorized and acting as an attorney and agent, shall issue tariffs in the name of the corporation as agent. At the bottom of the title page of each publication filed by the corporation as agent shall be shown the name and title of the official of the corporation who has been appointed by such corporation to issue tariffs and file them with the Commission.

(2) A corporation acting as a publishing agent under powers of attorney shall forward to the Commission a certified minute of the meeting of the board of directors of such corporation showing the name and title of the official who has been appointed to handle all tariff matters with the Commission.

(e) Individual. This form shall be used to authorize an individual to act as agent:

POWER OF ATTORNEY

P.S.C.I. M2 No. ________

Cancels P.S.C.I. M2 No. ________

________________________________

(Name of Carrier)

________________________________

(Post Office Address)

____________ , 197 _____

Know all men by this instrument:

That, on the _____ day of _____ , 19 _____ ,

(See Note 1) a common carrier of property by motor vehicle does (do) hereby make and appoint

(Name of principal agent) attorney and agent to publish and file for such carrier freight tariffs and supplements thereto, as permitted or required of common carriers of property by motor vehicle under authority of the Motor Carrier Act and the regulations of the Public Service Commission of Indiana issued pursuant thereto, and does (do) hereby ratify and confirm all that said attorney and agent may lawfully do by virtue of the authority herein granted and does (do) hereby assume full responsibility for the acts and failures to act of said attorney and agent. And, further, that does

(See Note 1) (do) hereby make and appoint alternate attorney and agent to do and

(Name of Alternate Agent) perform the same acts and exercise the same authority herein granted to in the

(Name of principal agent) event and only in the event of death or disability of

(Name of principal agent)

________________________

(Name of Carrier)

BY _______________________

Attest (If a Corporation):

___________________________ , Secretary

(Corporate Seal)

Duplicate mailed to , Agent.

_____________________________________________

_____________________________________________

NOTE 1: In the blank space for the name of the carrier, there shall be shown, if the carrier be an individual, the individual name followed by the trade name, if any. If the carrier be a partnership, the correct names of all partners must be given, followed by the trade name, if any. If the carrier be a corporation, the correct corporate name must be used. (See Note 2.)

NOTE 2: The power of attorney shall be signed by the individual carrier, if the carrier be an individual, and shall be signed by all of the partners individually, if a partnership. If the carrier be a corporation, the power of attorney shall be signed by the president or vice president, attested by the secretary of the corporation, and the corporate seal shall be affixed. In all cases, the name of the carrier shall be identical with the name as it appears in the certificate of convenience and necessity issued by the Commission, or, in the event that such certificate shall not have been issued, the name of the carrier shall be identical with the name appearing in the application for such certificate.

(f) Authority conferred.

(1) Powers of attorney authorized by this rule, if executed without modification, confer unlimited authority to publish local rates for the carrier issuing the power of attorney and to publish joint rates for such carrier and such other carriers as shall have issued the necessary authority. If it is desired to limit the authority granted to the agent, the form may be modified by adding at the end of the first paragraph the statement: "This authority is restricted to the filing of the publications or types of publications set forth below," and clearly stating immediately thereafter the extent of the authority granted. The instrument may limit the authority of the agent to publication of rates from points on the carrier's lines only, or to points on its lines only, or may limit the authority granted to publication of either local or joint rates. The authority granted may be restricted, also, to publication of either class or commodity rates, but it may not be limited to publication of rates on a particular commodity or commodities or to publication of specifically named rates.

(2) If it is desired to give to an agent authority for the publication of a classification, a classification exceptions tariff or rules tariff only, the form may be modified by omitting from line six the words "freight tariffs" and substituting therefor the word or words, "classification," "classification exceptions tariffs" or "rules tariffs," or the instrument may be so modified as to authorize the publication of any or all of such tariffs, including rate tariffs. If it is desired to limit the authority granted to publication of a particular tariff or tariffs, this may be done by giving a sufficiently accurate description of the title page of each tariff to identify it and by showing the P.S.C.I. number, if known. If it is intended that the authority granted shall include supplements to or reissues of specifically named tariffs, that fact should be made clear by adding after the designation of the tariff, "supplements thereto and successive issues thereof."

(g) Specifications for powers of attorney. Powers of attorney shall be printed on good paper of durable quality, either 8 x 10 1/2 or 8 1/2 x 11 inches in size, and shall be signed as indicated in Note 2 Paragraph (e) of this rule. Each power of attorney shall be given a form and serial number which shall run consecutively for each form of instrument. The form and serial numbers shall be shown on the upper right-hand corner and immediately thereunder shall be shown the form and number of the power of attorney, if any, which is cancelled thereby. If the instrument to be cancelled contains more authority or is broader in scope than the new instrument, such new instrument must bear an effective date at least 60 days after the date on which it is received by the Commission. When the new instrument is broader in scope than the instrument which is to be cancelled, no notice is required. The term "freight tariff" as used in this rule means not only rate tariffs but all other freight publications which in any way affect the value of the service or the measure of the charge. Each instrument shall show, under the serial number, the post office address of the person or persons issuing it and the date of issue. The instrument shall show, also, in the lower left-hand corner, the name, title and address of the person or corporation to whom the duplicate is sent.

(h) Number of copies. All instruments must be prepared in triplicate. Except when there is specific instruction in individual rules to send originals to an agent, the original of the instrument shall be filed with the Commission, the duplicate sent to the agent to whom such authorization is directed, and the third copy retained by the issuing carrier.

(i) Conflicting authority to be avoided. Powers of attorney may not contain authority to delegate to another the power thereby conferred. In giving authority to an agent to publish and file rates for the carrier by whom such authority is issued, care must be taken to avoid duplicating to two or more agents authority which, if used, would result in conflicting rates or other provisions.

(j) Filing by alternate agent. When a power of attorney is issued to an individual to act as agent, such instrument shall name an alternate agent to act in the event of the death or disability of the principal agent. On or before the date of filing of the first tariff or supplement by the alternate agent under the authority granted in the instrument, such alternate agent shall submit to the Commission a sworn statement setting forth the facts which justify such exercise of authority. The term "disability," as used in the instrument means resignation, permanent transfer to other duties, or other permanent absence of the principal agent, and does not mean temporary absence of the principal caused by vacation, illness, or other similar causes. After an alternate agent has once exercised the authority granted by the instrument, the principal agent may not thereafter act under that instrument.

(k) Transfer of authority from one agent to another agent.

(1) When it is desired to transfer authority from one agent to another agent, superseding the former agent as to all such agent's effective tariffs, the transfer shall be accomplished by filing a new power of attorney naming the agent (and alternate when the new agent is an individual) thereafter to serve, which shall specifically cancel the previous power of attorney. Under all other conditions the power of attorney must be revoked in accordance with paragraph (n) of this rule.

(2) When a power of attorney shall have been issued to an individual and an alternate, and the death or disability of either the principal or alternate agent occurs, new powers of attorney cancelling the previously effective powers of attorney and naming the agent (and alternate when the new agent is an individual) thereafter to serve shall be filed within 180 days. The new powers of attorney shall bear no effective date. The originals thereof shall not be sent direct to the Commission, but shall be forwarded to the new agent, who, after all the necessary instruments shall have been secured, shall file the originals with the Commission all at one time. Such powers of attorney will become effective upon the date they are received by the Commission.

(l) NOT USED.

(m) Substitution of agents.

(1) When a new agent is appointed, or when an alternate agent assumes the duties of the principal agent, the new agent, immediately upon receipt of necessary authority, or the alternate agent, upon death or disability of his principal, shall issue a supplement to each of the effective tariffs issued by the agent superseded, which shall bear on its title page no effective date, but which shall contain a statement reading substantially as follows: "On and after (show here, in the case of a new agent, the date on which authorities are filed with this Commission; or in the case of an alternate agent, the date on which the principal ceased to act) this publication shall be considered as the issue of (show here name of new agent or the alternate acting as such)." In the case of a new agent, such supplement shall also contain a list of participating carriers, giving reference to the new authorities. If tariffs issued by the new agent will be numbered in a different P.S.C.I. series from those of the former agent, supplements filed by the new agent to tariffs issued by the former agent shall show in connection with P.S.C.I. numbers, that they are in the series of the former agent.

(2) When an agent who is superseded by a new agent or alternate participates with other agents in the issuance of a joint agency tariff, a special supplement for the purpose of indicating the change need not be issued unless the agent superseded actually issues the tariff, but the information with respect to the change in agents and the list of carriers showing current powers of attorney shall be included in the next regular supplement issued.

(n) Revocation of power of attorney. A power of attorney may be revoked upon not less than 60 days' notice to the Commission by filing a notice of revocation with the Commission, serving at the same time a copy thereof on the agent in whose favor such power of attorney was executed. Such notice shall not bear a separate serial number, but shall specify the form and number of the power of attorney to be revoked, shall name the agent (and alternate agent when form P.S.C.I. M2 is being revoked) in whose favor the power of attorney was executed, shall specify a date upon which revocation is to become effective, which must not be less than 60 days subsequent to the date of its receipt by the Commission, and shall be executed in the following manner on paper of good quality, size either 8 x 10 1/2 or 8 1/2 x 11 inches:

REVOCATION NOTICE

__________________________

(Name of Carrier)

__________________________

(Post office address)

__________ , 19 _____

Know All Men by This Instrument:

Effective _____ , 19 _____ , power of attorney P.S.C.I. No. _____ , issued by _____ in favor of _____ is hereby cancelled and revoked.

_____________________

(Name of Carrier)

By ____________________

Attest (if a corporation): (Corporate Seal)

_____________________ , Secretary

Duplicate mailed to ______________________________________

(Name of Agent)

________________________

(Address)

________________________

(Date)

45 IAC 16-3-22

Department of State Revenue; No. 33034: Common Carrier Freight Tariffs and Classifications PT A, Rule 20; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 503

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-22) to the Department of State Revenue ( 45 IAC 16-3-22) by P.L. 72-1988, SECTION 12, effective July 1, 1988.