2001 Minnesota Statutes

CHAPTER 216. Public utilities commission

  216.01 Repealed, 1967 c 864 s 10 

  216.02 Repealed, 1967 c 864 s 10 

  216.03 Repealed, 1967 c 864 s 10 

  216.04 Repealed, 1967 c 864 s 10 

  216.05 Repealed, 1967 c 864 s 10 

  216.06 Repealed, Ex1957 c 10 s 8 

  216.07 Repealed, Ex1957 c 10 s 8 

  216.08 Renumbered 219.815 

  216.09 Renumbered 219.695 

     216.10 Public attorneys represent commission. 

    The attorney general shall be ex officio attorney for the 
 public utilities commission and shall institute and prosecute 
 all actions which the commission shall order brought and render 
 the commissioners all advice, counsel, and assistance necessary 
 for the proper performance of their duties.  The county attorney 
 of any county in which an action is pending, prosecuted, or 
 defended by direction of the commission shall aid in the 
 prosecution or defense thereof until final determination when 
 requested by the commission.  When necessary the commission may 
 employ additional counsel to assist the attorney general. 

    All actions or proceedings instituted by the commission 
 shall be brought in the name of the state. 

    HIST: (4635, 4658) RL s 1960,1979; 1971 c 25 s 67; 1980 c 614 
 s 123; 1986 c 444 

  216.11 Repealed, 1967 c 864 s 10 

  216.12 Repealed, Ex1957 c 10 s 8 

     216.13 Commencing proceedings before commission.  

    Proceedings before the commission against any such carrier 
 or public warehouse operator shall be instituted by complaint, 
 verified as a pleading in a civil action, stating in ordinary 
 language the facts constituting the alleged omission or 
 offense.  The parties to such proceedings shall be termed, 
 respectively, "complainant" and "respondent."  

    HIST: (4638) RL s 1963; 1971 c 25 s 67; 1980 c 614 s 123; 1986 
 c 444 

     216.14 Notice to respondent.  

    Upon filing such complaint, if there appear reasonable 
 grounds for investigating such matter, the commission shall 
 issue an order directed to and requiring such carrier or 
 warehouse operator to grant the relief demanded or show cause by 
 answer within 20 days from the service of such notice why such 
 relief should not be granted.  Such order, together with a copy 
 of the complaint, shall forthwith be served upon the respondent. 

    HIST: (4639) RL s 1964; 1971 c 25 s 67; 1980 c 614 s 123; 1986 
 c 444 

     216.15 Answer and reply.  

    The respondent may file and serve by mail upon the 
 complainant, within 20 days after service of the order, an 
 answer alleging that it has already granted the relief demanded 
 or setting up any matter of defense.  If the answer allege the 
 granting of the relief the complainant shall within 20 days 
 reply admitting or denying such allegation.  If the complainant 
 fails to reply or admits the allegation, the proceeding shall be 
 dismissed.  

    HIST: (4640) RL s 1965; 1986 c 444 

     216.16 Hearings before commission. 

    If the matter be not adjusted to the satisfaction of the 
 commission, it shall set a time and place of hearing, and give 
 at least ten days' notice thereof to each party.  The parties 
 may appear either in person or by attorney.  The commission 
 shall hear evidence and otherwise investigate the matter, make 
 findings of fact upon all matters involved, and such order or 
 recommendation in the premises as may be just.  A copy of such 
 findings and order or recommendation shall forthwith be served 
 upon each party. No proceedings shall be dismissed on account of 
 want of pecuniary interest in the complaint.  

    HIST: (4641) RL s 1966; 1907 c 305; 1921 c 159 s 1; 1971 c 25 
 s 67; 1980 c 614 s 102 

     216.161 Contested cases; notice.  

    Notwithstanding the provisions of any other law the 
 commission in any contested case shall give reasonable notice to 
 representatives of associations or other interested groups or 
 persons who have registered their names with the secretary of 
 the commission for that purpose, to all parties and to cities 
 and municipalities which the commission deems to be interested 
 in the proceeding.  The commission may prescribe an annual fee 
 to be paid into the state treasury which shall be a charge to 
 all registered groups or persons.  This charge is to cover the 
 costs involved.  

    "Contested case" means a proceeding before the commission 
 in which the legal rights, duties or privileges of specific 
 parties are required by law or constitutional right to be 
 determined after a hearing.  

    HIST: 1971 c 25 s 67; Ex1971 c 48 s 23; 1973 c 123 art 5 s 7; 
 1973 c 754 s 1; 1980 c 614 s 123 

     216.17 Notices and orders; service.  

    All notices and orders in proceedings before the commission 
 shall be signed by the secretary.  Service may be made of all 
 notices, orders, and other papers by mail upon any person or 
 firm, or upon the president, general manager, or other proper 
 executive officer of any corporation interested.  If any party 
 has appeared by attorney, such service shall be made upon such 
 attorney.  

    HIST: (4642) RL s 1967; 1971 c 25 s 67; 1980 c 614 s 123 

     216.18 Power to subpoena witnesses and documents.  

    The commission in any hearing or investigation may require 
 the attendance of witnesses and the production of any books, 
 papers, and records.  Witnesses shall receive the same fees and 
 mileage as in civil actions.  Disobedience of any subpoena in 
 such proceeding or contumacy of a witness may, upon application 
 of the commission, be punished by any district court in the same 
 manner as if the proceedings were pending in such court.  

    HIST: (4643) RL s 1968; 1971 c 25 s 67; 1980 c 614 s 123 

  216.19 Repealed, Ex1957 c 10 s 8 

  216.20 Repealed, Ex1957 c 10 s 8 

  216.21 Repealed, Ex1957 c 10 s 8 

  216.22 Repealed, Ex1957 c 10 s 8 

  216.225 Repealed, Ex1957 c 10 s 8 

  216.23 Repealed, Ex1957 c 10 s 8 

  216.24 Repealed, 1983 c 247 s 219 

     216.25 Appeals. 

    Any party to a contested case before the commission may 
 appeal from the decision and order of the commission in 
 accordance with chapter 14. 

    HIST: (4651) RL s 1972; 1907 c 167 s 2; 1961 c 393 s 1; 1969 c 
 646 s 1; 1971 c 25 s 67; 1976 c 239 s 38; 1977 c 253 s 1; 1980 c 
 614 s 123; 1983 c 247 s 93 

     216.26 Dismissal in certain cases; procedure.  

    When in any proceedings pending before it relating to or 
 involving the reasonableness of rates, fares, charges, or 
 classifications, the commission shall decide that it has not 
 jurisdiction for the reason that the traffic covered by such 
 rates, fares, charges, and classifications is interstate 
 commerce, it shall make an order dismissing the proceeding, 
 stating therein the ground of such dismissal, which order may be 
 appealed from in like manner as other appealable orders of the 
 commission.  

    If in any such proceeding one of the commissioners shall 
 dissent from the order of dismissal, the question of its 
 jurisdiction shall be certified to the district court of a 
 county to which an appeal might be taken and thereupon the 
 commission shall notify all parties to the proceedings of such 
 certification, stating the county and date thereof.  

    HIST: (4652) RL s 1973; 1971 c 25 s 67; 1980 c 614 s 123 

     216.27 Filing appeal papers; effect. 

    When an appeal is taken, the commission shall file with the 
 clerk of the appellate courts the documents described by the 
 rules of civil appellate procedure.  The court of appeals shall 
 have full jurisdiction to hear and determine the matter appealed.
 The proceeding shall be governed by the rules of civil appellate 
 procedure.  If the order of the commission is reversed, upon 
 filing a copy of the order of reversal with the commission, it 
 shall proceed to determine the reasonableness of the rates, 
 fares, charges, and classification on the merits.  

    HIST: (4653) RL s 1974; 1971 c 25 s 67; 1980 c 614 s 123; 1983 
 c 247 s 94 

  216.271 Repealed, 1983 c 247 s 219 

  216.28 Repealed, 1967 c 864 s 10 

  216.29 Repealed, 1967 c 864 s 10 

  216.30 Repealed, 1967 c 864 s 10 

  216.31 Repealed, 1967 c 864 s 10 

  216.32 Repealed, 1967 c 864 s 10 

  216.33 Repealed, 1967 c 864 s 10 

  216.34-216.42 Repealed, Ex1957 c 10 s 8 

  216.43-216.45 Repealed, 1957 c 647 s 2; Ex1957 c 10 s 8 

  216.46-216.62 Repealed, Ex1957 c 10 s 8 

  216.63 Repealed, 1949 c 440 s 7; Ex1957 c 10 s 8 

  216.64 Repealed, 1949 c 440 s 7; Ex1957 c 10 s 8 

  216.65 Repealed, 1967 c 864 s 10 

  216.66 Repealed, Ex1957 c 10 s 8 

  216.67 Repealed, 1967 c 864 s 10 

  216.68 Repealed, Ex1957 c 10 s 8