N.Y. Transportation Law § 99: Changes in fares and charges; notice required; power of suspension by the commissioner

§ 99. Changes in fares and charges; notice required; power of

suspension by the commissioner. 1. Unless the commissioner otherwise

orders, no change shall be made in any rate, fare or charge, or joint

rate, fare or charge, which shall have been filed and published by a

common carrier in compliance with this chapter, except after thirty

days' notice to the commissioner and publication for thirty days as

required by section ninety-eight, which shall plainly state the changes

proposed to be made in the schedule then in force, and the time when the

changed rate, fare or charge will go into effect; and all proposed

changes shall be shown by printing, filing and publishing new schedules

or shall be plainly indicated upon the schedules in force at the time

and kept open to public inspection. The commissioner, for good cause

shown, may allow changes in rates without requiring the thirty days'

notice and publication herein provided for, by duly filing and

publishing in such manner as he may direct an order specifying the

change so made and the time when it shall take effect; all such changes

shall be immediately indicated upon its schedules by the common carrier.

Whenever there shall be filed with the commissioner by any common

carrier any schedule stating a new individual or joint rate, fare or

charge, or any new individual or joint classification or any new

individual or joint regulation or practice affecting any rate, fare or

charge, the commissioner shall have and he is hereby given authority,

either upon complaint or upon his own initiative without complaint, at

once, and if he so orders without answer or other formal pleading by the

interested carrier or carriers, but upon reasonable notice, to enter

upon a hearing concerning the propriety of such rate, charge, fare,

classification, regulation or practice; and pending such hearing and

decision thereon, the commissioner upon filing with such schedule, and

delivering to the carrier or carriers affected thereby, a statement in

writing of his reasons for such suspension, may suspend the operation of

such schedule and defer the use of such rate, fare, charge,

classification, regulation or practice, but not for a longer period than

one hundred and twenty days beyond the time when such rate, fare,

charge, classification, regulation or practice would otherwise go into

effect; and after full hearing whether completed before or after the

rate, fare, charge, classification, regulation or practice goes into

effect, the commissioner may make such order in reference to such rate,

fare, charge, classification, regulation or practice, as would be proper

in a proceeding initiated after the rate, fare, charge, classification,

regulation or practice had become effective. Provided, that if any such

hearing cannot be concluded within the period of suspension, as above

stated, the commissioner may, in his discretion, extend the time of

suspension for a further period not exceeding six months. The

commissioner may as authorized by subdivision one of section one hundred

nineteen establish temporary rates for any period of suspension under

this section. At any hearing involving a rate, the burden of proof to

show that the change in rate if proposed by the common carrier, or that

the existing rate, if on motion of the commissioner or in a complaint

filed with the commissioner it is proposed to reduce the rate, is just

and reasonable shall be upon the common carrier; and the commissioner

may give to the hearing and decision of such questions preference over

all other questions pending before him and decide the same as speedily

as possible.