1997 Minnesota Statutes

     221.041 Rate-making powers. 

    Subdivision 1.    Considerations; procedures.  The board 
 shall fix and establish just, reasonable, and nondiscriminatory 
 rates, fares, charges, and the rules and classifications 
 incident to tariffs for certificated carriers.  In prescribing 
 rates, fares, charges, classifications, and rules for the 
 carrying of freight, persons, or property, the board shall take 
 into consideration the effect of the proposed rates or fares 
 upon the users of the service and upon competitive carriers by 
 motor vehicle and rail and, insofar as possible, avoid rates and 
 fares which will result in unreasonable and destructive 
 competition.  In making its determination, the board shall 
 consider, among other things, the cost of the service rendered 
 by the carrier, including an adequate sum for maintenance and 
 depreciation, and an adequate operating ratio under honest, 
 economical, and efficient management.  No rate or fares may be 
 put into effect or changed or altered except upon hearing duly 
 had and an order therefor by the board, or except as herein 
 otherwise provided.  The board may authorize rate changes ex 
 parte which, in its opinion, are not of sufficient import to 
 require a hearing.  In an emergency, the board may order a 
 change in existing rates or fares without a hearing.  In 
 instances of ex parte or emergency orders, the board shall, 
 within five days, serve a copy of its order granting the change 
 in rates upon parties which the board deems interested in the 
 matter, including competing carriers.  An interested party shall 
 have 30 days from the date of the issuance of the order to 
 object to the order.  If objection is made, the board shall 
 determine whether a hearing is necessary for resolution of the 
 material issues relating to the proposed change in rates.  On 
 finding that a hearing is unnecessary for this purpose, the 
 board, no sooner than 30 days after issuing its initial order 
 granting the change in rates, may enter an order finally 
 disposing of the rate change application.  On determining 
 otherwise, the board may take final action on the rate change 
 application and the objections to it only after a contested case 
 hearing has been conducted under chapter 14. 

    Subd. 2.    Filing.  A certificated carrier, upon 
 approval by the board of its rates, fares, charges, and rules 
 and classifications incident to tariffs shall file its rates, 
 fares, charges, and tariffs with the commissioner.  Filings must 
 be prepared and filed in the manner prescribed by the 
 commissioner.  The commissioner may not accept for filing rates, 
 fares, charges, and tariffs which have not been approved by the 
 board.  

    Subd. 3.    Prohibitions; compensation and time schedules. 
  No certificated carrier may charge or receive a greater or 
 less or different compensation for the transportation of 
 passengers or property or for service in connection therewith 
 than the rates, fares, and charges and the rules and 
 classifications governing the same which have been duly approved 
 therefor by order of the board.  A certificated carrier may not 
 refund or remit in any manner or by any device a portion of 
 those rates, fares, and charges required to be collected under 
 the board's order; nor extend to a shipper or person a privilege 
 or facilities in connection with the transportation of 
 passengers or property except as are authorized under the order 
 of the board.  No passenger-carrying regular route common 
 carrier may alter or change its time schedules except upon order 
 of the board.  The order may be issued ex parte unless the board 
 decides that the public interest requires that a hearing be held.

    Subd. 4.    Nonapplicability.  This section does not 
 apply to any regular route passenger transportation being 
 performed with operating assistance provided by the metropolitan 
 council. 

    HIST: Ex1957 c 17 s 4; 1971 c 25 s 67; 1976 c 166 s 72; 1980 c 
 534 s 60; 1983 c 371 s 23; 1984 c 654 art 3 s 76; 1986 c 468 s 
 6; 1992 c 600 s 14; 1994 c 628 art 3 s 20