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)
