W. Va. Code R. § 150-2-32

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-2-32 - Statutory Notice to the Public of Filing to Change Rates with Proposed Effective Date

32.1. Except for taxi and limousine motor carriers, notice to the public of a change of rates and charges or rules and regulations as of a proposed effective date, as provided in Tariff Rule 31.1., shall be given by the carrier in the following manner:

32.1.1. The carrier shall post M.C. Tariff Form No. 8 at the offices and places of business of die carrier in die territory affected for at least thirty (30) days prior to the date such tariff or revision is to become effective, in the manner required for the posting of tariffs by Tariff Rule 16.1.

32.1.2. Within ten (10) days of filing its application, the carrier shall give notice to its customers by;

(i) posting a copy of its M.C. Tariff Form No. 8 at the offices and places of business of the applicant in the territory affected thereby;

(ii) publishing die first of two (2) publications of M.C. Tariff Form No. 8 by Class II legal advertisement in a qualified newspaper of general circulation in each of die counties where service is provided; and

(iii) issuing a press release to a newspaper of general circulation in each county where service is provided, which contains the substance of M.C. Tariff Form No. 8.

32.1.2.a. In addition to (i) through (iii) above, die carrier shall, no later than fifteen (15) days prior to die proposed effective date of its tariff change, have completed the mailing of separate notices to each of its customers by one or a combination of the following methods;

(a) inclusion of M.C. Tariff Form No. 8 as a bill insert;

(b) separately mailing M.C. Tariff Form No. 8; or

(c) only for applicants that bill by postcard instead of in an envelope and who elect not to separately mail M.C. Tariff Form No. 8, inclusion of a statement on a postcard billing as follows; "This common carrier is seeking a rate increase. Details available in newspaper publications or at the common carrier office after [carrier to insert date application will be filed with die Commission] by calling [carrier to insert common carrier office telephone number]."

32.1.2.b. When not more than twenty (20) customers will be affected by a tariff filing pursuant to Tariff Rule 32.1, none of the foregoing notice requirements shall apply and it shall be sufficient if printed notice in die form of M.C. Tariff Form No. 8 is mailed by the carrier to each of its customers so affected, either as a bill insert or as a separate mailing.

32.1.3. A certificate of posting, publication and separate mailing in the form of M.C. Tariff Form No. 6 shall be filed with the Commission to die effect that the notice and mailing requirements of 32.1.1. and 32.1.2. have been met.

32.1.4. If die application is set for hearing die carrier shall give notice of die hearing in die form of M.C. Tariff Form No. 9, or in an alternate form attached to a Commission order, by making publication once a week for two (2) successive weeks, die first publication to be made not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing, unless otherwise ordered by the Commission, in a newspaper(s) of general circulation in each of die counties in which service is provided.

32.1.5. If notice was provided by newspaper publication, no rate change may become effective until die carrier furnishes the Commission with a certificate of publication provided by the newspaper to the effect that M.C. Tariff Form No. 8 has been published as required by this Rule. Unless otherwise ordered, certificates of publication regarding publication of M.C. Tariff Form No. 9 regarding notice of hearing may be filed on die day of hearing.

32.2. The agent or representative of the carrier in charge of an office or place of business shall give any information regarding said proposed rates and rules and regulations required of him by any customer or prospective customer or his agent, and shall permit said persons, or their agents, die opportunity to examine any of the tariffs of die carrier at all reasonable hours.

W. Va. Code R. § 150-2-32