Lapas attēli

right to reparation, and thereafter to afford the parties opportunity to agree or make proof respecting the shipments and amount of reparation due under its findings before entering its order awarding reparation. (See § 1.5.) In such cases freight bills and other exhibits bearing on the details of shipments, and the amount of reparation on each, need not be produced at the hearing unless called for or needed to develop other pertinent facts.

(s) Reparation must be prayed for. Except under unusual circumstances, and for good cause shown, reparation will not be awarded upon a complaint in which it is not specifically prayed for, or upon a new complaint by or for the same complainant which is based upon any finding in the original proceeding.

(t) Supplemental complaints. Supplemental complaints may be tendered for filing by the parties complainant against the parties defendant in the original complaint, setting forth any causes of action under the Act alleged to have accrued in favor of the complainants and against the defendants since the filing of the original complaint, and, upon leave granted, will be filed and served by the Commission as provided for original complaints, and heard, considered, and disposed of therewith in the same proceeding, if practicable.

(u) Limitation of action when damages sought by supplemental complaint. If recovery of damages is sought by supplemental complaint it must be filed with the Commission within the statutory period.

(v) Cross complaints. (See § 1.4 (g), (h).)*†

1.4 Answers-(a) Form and style. Answers must conform to the requirements of § 1.21.

(b) Time of filing. Answers to formal complaints must be filed with the Commission within 20 days after the day on which the complaint was served. For defendants having general offices at or west of El Paso, Tex., Salt Lake City, Utah, or Butte and Helena, Mont., said period of 20 days is extended to 30 days. The periods so fixed may be shortened or extended by the Commission when it deems advisable. The answer must in the same period be served as provided in § 1.6. Any defendant failing to file and serve answer within such period will be deemed in default, and issue as to such defendant will be thereby joined.

(c) Answers to petitions in intervention, amended or cross complaints. Answers to petitions in intervention or amended complaints filed and served upon leave granted need not be separately made unless the defendants so elect, and their answers to the formal complaint will be deemed answers to the petition in intervention. Answers if separately made should be filed and served as promptly as possible and within the same period after service of petition in intervention as is above provided for answers after service of complaints. Answers to cross complaints filed and served upon leave granted must be filed and served within the same period after service of the cross complaint.

(d) Answers to be full and complete. All answers should be so drawn as fully and completely to advise the parties and the Commis

**For statutory and source citations, see note to § 1.1.

Page 13

sion of the nature of the defense, and should admit or deny specifically and in detail each material allegation of the pleading answered. (e) Denials of violations of sections 2 or 3. An answer denying that an alleged discrimination is unjust under section 2 of the Act or that an alleged preference or prejudice is undue or unreasonable under section 3 of the Act, should state fully the grounds relied upon in making such denial.

(f) Fourth-section departures. Whenever it is apparent from the pleading answered, either by direct allegation or otherwise, that a departure from the requirements of section 4 (1) of the Act is involved, the answer should set forth by number the particular application or order, if any, which protects such departure.

(g) Narrowing issues desired; affirmative defenses; counterclaim and set-offs. It is desired that every effort be made to narrow the issues upon hearing. Matters alleged as affirmative defenses should be separately stated and numbered. Counterclaims and set-offs against shippers are not within the jurisdiction of the Commission.

(h) Cross complaints; filing and service; hearing and disposition. Cross complaints alleging violations of the Act by other carriers, parties to the proceeding, or seeking relief against them under the Act, may be tendered for filing by defendants with their answers, and, upon leave granted, will be filed and served by the Commission in the manner provided in § 1.3 (h) (3) for complaints. In such cases the cross complaints will be heard, considered, and disposed of in connection with the issues tendered by the complaint in the same proceeding.

(i) Statements as to satisfaction of complaints. If a defendant satisfies a formal complaint, either before or after answering, a statement to that effect signed by the opposing parties must be filed, setting forth when and how the complaint has been satisfied.*t

1.4a Protests of tentative valuations; form, style, matters to be stated. Protests of tentative valuations must conform to the requirements of § 1.21. In addition to the usual caption each protest shall contain a concise statement of the essential elements of protest with particular reference to the matters in the tentative valuation concerning which protest is made and shall include a statement of the changes therein desired by protestant. When practicable each object of protest shall be set up as a separate item in a separately numbered paragraph. Each item of protest against land values or areas must state the valuation section and zone on the Commission's maps in which the land is located. When protestant claims that property owned or used has been omitted, a full description of such property and its location must be included in the protest.**

1.5 Reparation statements; formal claims for reparation based upon findings of the Commission-(a) Shipments not covered by complaint to be excluded; verification by carriers; certification; concurrence of nondefendants. When the Commission finds that reparation is due, but that the amount cannot be ascertained upon the record before it, the complainant should immediately prepare a statement showing details of the shipments on which reparation is

Page 14

**For statutory and source citations, see note to § 1.1.

claimed, in accordance with § 2.5. The statement should not include any shipment not covered by the Commission's findings, or any shipment on which complaint was not filed with the Commission within the statutory period. (See § 1.3 (d), (e), (f).) The statement, together with the paid freight bills on the shipments, or true copies thereof, should then be forwarded to the carrier which collected the charges for checking and certification as to its accuracy. The certificate must be signed in ink by a general accounting officer of the carrier and should cover all of the information shown in the statement. If the carrier which collected the charges is not a defendant in the case its certificate must be concurred in by like signature on behalf of a carrier defendant.

(b) Shipments moving over more than one route; separate statements. If the shipments moved over more than one route a separate statement should be prepared for each route, and separately numbered, except that shipments as to which the collecting carrier is in each instance the same may be listed in a single statement if grouped according to routes.

(c) (1) Filing with Commission, reparation orders. Statements so prepared and certified shall be filed with the Commission, whereupon it will consider entry of an order for reparation.

(2) Statute not tolled when shipments not covered by complaint. The filing of statements will not stop the running of the statute of limitations as to shipments not covered by complaint or supplemental complaint. (See § 1.3 (d), (e), (f), (g), (u).)

(a) Adjustment of errors, and agreed statements. All discrepancies, duplications, or other errors in the statements should be adjusted by the parties and correct agreed statements submitted to the Commission.*+

1.6 Service-(a) Service of complaints; number of copies. Formal complaints and, upon leave granted, petitions in intervention, supplemental complaints, cross complaints, and amended complaints will be served by the Commission, and copies of each must be furnished in sufficient number, as provided in § 1.3 (h) (3) in respect of complaints, and § 1.2 (1) (2), in respect of intervening petitions.

(b) Pleadings filed must show service; method of service. Except as otherwise provided in paragraphs (a) and (d), answers, petitions, motions, applications, notices, and all other papers, except depositions, in proceedings pending before the Commission upon its formal docket, must, when filed or tendered to the Commission for filing, show service thereof upon all parties to the proceeding. Such service shall be made by delivering in person or by mailing, properly addressed with postage prepaid, one copy to each party.

(c) Service upon attorneys. When any party has appeared by attorney, service upon such attorney will be deemed service upon the party.

(d) Valuation proceedings, pleadings filed must show service; copies for use of Commission. In valuation proceedings, protests, motions, petitions, and briefs must, when filed or tendered for filing by the Commission, show service thereof upon all other parties named in the notice of service of the tentative valuation or who appeared

**For statutory and source citations, see note to § 1.1.

Page 15

at the hearing or on brief. Each protest, motion, petition, and brief in valuation cases must when filed be accompanied by 30 copies for the use of the Commission.*†

1.7 Amendments-(a) Allowance or refusal discretionary. Amendments to any pleading will be allowed or refused by the Commission in its discretion.

(b) Subscription and verification. Whenever by the rules in this part the principal pleading is required to be subscribed and verified, an amendment thereto must be similarly subscribed and verified.

(c) Directed, of valuation protests. In valuation cases, the Commission may direct a protestant to state by way of amendment his claim or protest more fully and in detail.**

1.8 Continuances and extensions of time; cause; discretion in granting or denying. For cause shown, continuances and extensions of time will be granted or denied by the Commission in its discretion.*+

1.9 Stipulations; how evidenced; agreement upon facts desirable. The parties may, by stipulation in writing filed with the Commission, or presented at the hearing, agree upon any facts involved in the proceeding. It is desired that the facts be thus agreed upon so far as and whenever practicable.*+

1.10 Hearings—(a) Assignment for hearing; examination of witnesses. When issue is joined upon formal complaint by service of answer, or by failure of defendant to answer, or upon a tentative valuation by filing of protest, the Commission will assign a time and place for hearing. Witnesses will be examined orally before the Commission, a commissioner, or one of its examiners, unless their testimony is taken by deposition or the facts are presented to the Commission in the manner provided for in §§ 1.9, 1.10a.

(b) Order of procedure, various proceedings; when interveners heard. At hearings on formal complaint the complainant shall open and close. At hearings upon application in finance cases or for relief from or under any provision of the Act, the applicant shall open and close. At hearings of investigation and suspension proceedings the respondent shall open and close. At hearings of all other investigations on the motion of the Commission, the Commission shall open and close. At hearings of protest in valuation cases, the protestant shall open and close. The order of presentation above prescribed for the several kinds of hearings, respectively, shall be followed, except as the Commission may prescribe a different order or the presiding commissioner or examiner may otherwise direct. In hearings of several proceedings upon a consolidated record the presiding commissioner or examiner shall designate who shall open and close. Interveners shall follow the party in whose behalf the intervention is made, and in all cases where the intervention is not in support of either original party the presiding commissioner or examiner shall designate at what stage such interveners shall be heard.

(c) Calling for further evidence. In any case, at or after the close of testimony or at any stage of the hearing the presiding commissioner or examiner or the commissioner in charge may call

Page 16

**For statutory and source citations, see note to § 1.1.

for further evidence upon any issue and require such evidence to be presented by any party concerned, or by a bureau of the Commission, either at that hearing or at a further hearing.*+

NOTE: The list below illustrates in a general way data which have been found to be pertinent in cases submitted to the Commission.

1. Whether complainant is an individual, partnership, association, or corporation. If an individual, his or her residence; if a partnership, names of the partners. Complainant's business and principal place thereof.

2. Description of commodity (where classification rating is involved-form, packing, susceptibility to damage, liability to contaminate other freight, and value) and date, origin, destination, weight, consignor, and consignee of the shipments.

3. Rate charged, and minimum weight and any reconsignment or transit arrangements applicable, with tariff authority therefor; charges collected.

4. Route of movement of each shipment; routing instructions and by whom given; whether rate was inserted in bill of lading.

5. Date of delivery or tender of delivery of each shipment.

6. When the case has been filed previously on the informal docket, the papers therein should be stipulated into the record.

7. Distances, and how computed. If more than one route exists between the points involved, short-line, average, and long-line distances.

8. History of rate.

9. Rate comparisons, together with transportation and traffic conditions, movements under such rates, routes, mileage, etc.

10. Right of complainant to any refund which may be ordered. Whether goods were sold f. o. b. origin, destination, or elsewhere, by whom the charges were paid in the first instance, and how complainant was damaged.

11. Exact relief sought.

12. Facts and contentions to justify existence of lower rates between same points in opposite direction.

13. When unjust discrimination or undue prejudice or preference is allegedwhether complainant, his locality, or traffic, is discriminated against or prejudiced. How complainant was damaged by such discrimination.

14. When fourth-section departures exist, justification by defendants for such departures.

1.10a Shortened procedure-(a) Selection of cases, and consent to reference and hearing under shortened procedure. As soon as practicable after service of a formal complaint the Commission will indicate whether the proceeding thereon should be conducted under the shortened procedure provided for by this section. Such indication will be made by the Commission either upon its own initiative or upon its approval of a request therefor made by any party to the proceeding before assignment thereof for oral hearing under § 1.10. The Commission will indicate in appropriate cases that the proceeding should be assigned or referred to an individual commissioner or a board consisting of an employe or employes of the Commission under the provisions of section 17 (6) of the Act for the purposes therein specified. In any proceeding so selected the Commission will request all parties thereto to advise the Commission within a short time to be specified by it whether they consent to conduct thereof under such shortened procedure, and whether they consent to such assignment or reference to an individual commissioner or to a board, in the discretion of the Commission.

(b) Designation of representatives to receive memoranda; joint representation desirable. Each party consenting to shortened procedure must, at the time of consenting, advise the Commission to whom on its behalf the memoranda of the other parties shall be

*For statutory and source citations, see note to § 1.1.

Page 17

« iepriekšējāTurpināt »