§ 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.