75-119. Rate, rule, or regulation; petition to prescribe or fix; procedure.
214 words·~1 min read·
/ne/chapter-75/75-119A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When any common carrier or other interested person petitions the commission alleging that a rate, rule, or regulation should be prescribed when none exists or alleging that an existing rule, regulation, or rate is unreasonably high or low, unjust, or discriminatory, notice shall be given to the common carriers affected in accordance with the commission's rules for notice and hearing. The minimum notice to be given under this section shall be ten days. The order granting or denying the petition or application shall be mailed to the parties of record.
If a petition or application is not opposed after notice has been given, the commission may act upon such petition or application without a hearing.
The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).
Common carriers are entitled to be heard in rate case. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
The State Railway Commission is without authority to fix or change a schedule and classification of rates without notice and hearing. Chicago, B. & Q. R.R. Co. v. Nebraska State Railway Commission, 180 Neb. 587, 144 N.W.2d 432 (1966).