Haw. Code R. § 16-603-19 - Adoption of tariffs

(a) When a certificate of public convenience and necessity or a permit is transferred, the transferee may adopt the tariffs and other instruments issued by or on behalf of the transferor if consistent with the commission's order authorizing the transfer of the certificate of public convenience and necessity or permit. The adoption notice shall be a one-page document, 8-1/2 by 11 inches in size in the format shown as an example in Appendix C. An original and eight copies of the adoption notice shall be filed with the commission.

(b) Concurrently with the filing of an adoption notice with the commission, a copy of the adoption notice shall be furnished to each agent publishing tariffs containing rates or other provisions in which the transferor common carrier participated.

(c) After filing the adoption notice pursuant to subsection (a), the transferee shall supplement or reissue each tariff issued by the transferor, indicating that the tariff has been adopted by the transferee. The tariff supplement or reissue shall conform to the commission order authorizing the transfer.

(d) When a certificate of public convenience and necessity or a permit is transferred and the transferee does not elect to issue an adoption notice, the transferee shall file a temporary adoption notice and new tariff no later than ten days after the effective date of the commission order authorizing the transfer of the certificate of public convenience and necessity or permit. The new tariff shall become effective thirty days after the notice, unless suspended by the commission for a longer period.

Notes

Haw. Code R. § 16-603-19

[Eff 1/1/2019] (Auth: HRS §§ 269-6, 271-9) (Imp: HRS §§ 271-9, 271-18, 271-20)