SEC. 77-9-387. Complaints of schedules and tariffs; contents; notice; hearing and determination.

The public service commission shall docket, hear, and determine all complaints made of any time schedule, or of the tariff of rates, joint or several, made by any railroad, or fixed or approved by the commission, on the ground that the same, in any respect, is, in the case of time schedule, unnecessarily inconvenient for the public, or, in the case of a tariff of rates, that the charges are for more than just compensation, or that such charges, or any of them, amount to, or operate so as to effect unjust discrimination.

The complaint must be in writing, and must specify the grounds of complaint or the items in the tariff against which complaint is made. If it appear to the commission that the matter ought to be investigated, the commission shall forthwith furnish to the railroad a copy of the complaint, together with notice of the time and place of hearing. At the time and place named, the commission shall hear the parties to the controversy, in person or by counsel, or both, and such evidence as may be offered, oral or in writing, and may examine witnesses on oath, conforming the mode of proceedings, as nearly as may be convenient, to that pursued by arbitrators, giving such time and latitude to each side, and regulating the opening and closing of any argument as the commission may consider best adapted to arrive at the truth. When the hearing is concluded, the commission shall give notice of any change deemed proper by it to be made to the railroad, and require compliance with its order.

SOURCES: Codes, 1892, Sec. 4297; 1906, Sec. 4849; Hemingway's 1917, Sec. 7634; 1930, Sec. 7102; 1942, Sec. 7878.

1997 Amendment:

Repealed.

SOURCE: 1997 Laws, Chapter 460, Sec. 21, SB2997, Effective July 1, 1997.