105 IAC 5-1-31 - Statements of claimed damages; commission findings

Authority: IC 8-1-1-3

Affected: IC 8-3-1-3; IC 8-3-1-8

Sec. 31.

When the commission finds that damages are due, but that the amount cannot be ascertained upon the record before it, the complainant shall immediately prepare a statement showing details of the shipments on which damages are claimed, in accordance with 170 IAC 3-1.1-37[section 37 of this rule].

The statement shall 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.

The filing of a statement will not stop the running of the statute of limitations as to shipments not covered by complaint or supplemental complaint.

If the shipments moved over more than one route, a separate statement shall 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.

The statement, together with the paid freight bills on the shipments, or true copies thereof, shall then be forwarded to the carrier which collected the charges, for verification and certification as to its accuracy. All discrepancies, duplications, or other errors in the statements shall be adjusted by the parties and corrected agreed statements submitted to the commission.

The certificate shall be signed in ink by a general accounting officer of the carrier and shall 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 shall be concurred in by like signature on behalf of a carrier defendant.

Statements so prepared and certified shall be filed with the commission whereupon it will consider entry of an order awarding damages.

Notes

105 IAC 5-1-31

Indiana Department of Transportation; 105 IAC 5-1-31; filed May 18, 1983, 2:18 p.m.: 6 IR 1212; filed Feb 27, 1985, 9:24 a.m.: 8 IR 776; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA Readopted filed 10/4/2019, 9:49 a.m.: 20191030-IR-105190422RFA

Transferred from Department of Transportation ( 100 IAC 6-1-31) to Indiana Department of Transportation (105 IAC 5-1-31) by P.L. 112-1989, SECTION 5, effective July 1, 1989.