Ga. Comp. R. & Regs. R. 515-16-9-.07 - Procedures for Collective Rate-Making
(1) No person, tariff publishing agent,
bureau or association (hereinafter referred to, collectively, as "tariff
publishing agent") shall engage in collective rate-making activities unless and
until said tariff publishing agent submits in writing to the Commission, for
approval, its procedures for the docketing and handling of proposed prescribed
rates. Such procedures shall, at a minimum, embrace the following essential
elements:
(a) A reasonable and fair method
whereby any interested party may propose a change in the rates or rules in a
tariff published by a tariff publishing agent for consideration and vote by the
participants to said tariff.
(b)
The providing of notice to all participants in and subscribers to a tariff
proposed to be changed regarding the proposal; said notice shall also fix a
date, time and place for public hearing on the proposal whereby any interested
party may appear at such hearing to give evidence or arguments in support of or
in opposition to said proposal.
(c)
A method whereby notice of rate proposals shall be available to anyone desiring
same, including members of the public, upon payment of a reasonable
subscription fee, except that such notice shall be mailed to all participants
to the tariff without charge.
(d)
Carrier participants to a tariff published by a tariff publishing agent may
elect a rate committee for each type of carrier group to review proposed
changes, to recommend as to the disposition of proposals, and to otherwise
direct the affairs of their group, such as for the employment of counsel to
handle petitions for rate changes, and for the direction of their tariff
publishing agents in connection with docketing, tariff publications and other
necessary routine requirements.
(e)
Proposals for changes in tariffs, published by an agent for participating
carriers as authorized by powers of attorney to the agent, shall be submitted
in writing to the agent, or as may otherwise be directed by a governing rate
committee. Meetings at which the public docket is to be considered will be
called upon not less than ten (10) days' notice to the Committee and to the
public.
(f) Each committee member
will have one vote and the majority of the votes cast will govern. Proxy voting
shall not be allowed.
(g) Formal
minutes (not verbatim transcripts) must be kept on all meetings whereat
collective rate-making matters are considered.
(h) A tariff publishing agent shall not, as
such, file a protest with the Commission against any proposed tariff
change.
(2) The
procedures herein authorized may be utilized by motor carriers to develop
combined financial data as to operating expenses, revenues and estimated
projections related thereto, for analysis and for submission to the Commission
as and when required.
(3) Nothing
herein shall be construed to authorize the publication of any rate or tariff
rule that is unlawful or otherwise prohibited by regulation of the Commission.
Except when published to comply with the order of the Commission, all tariffs
and amendments thereto will be subject to complaint by an interested party and
may be suspended or rejected by the Commission.
Notes
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