105 IAC 5-1-38 - Rail carrier contracts

Authority: IC 8-1-1-3

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

Sec. 38.

(a) A contract submect [sic.] to this section is a written agreement, including any amendment, entered into by one or more rail carriers with one or more purchasers of rail serivces, to provide specified services under specified rates and conditions.

(b) A contract filed under this section shall:

(1) specify that the contract is made pursuant to 49 U.S.C. Sec. 10713 . and;

(2) be signed by duly authorized parties.

(c) The term "amendment" includes written modifications signed by the parties.

(d) An amendment is treated as a new contract. An amendment is lawful only if it is filed and approved in the same manner as a contract. To the extent terms affecting the lawfulness of the underlying contract are changed, remedies are revived and review is again available.

Notes

105 IAC 5-1-38

Indiana Department of Transportation; 105 IAC 5-1-38; filed May 18, 1983, 2:18 p.m.: 6 IR 1215; errata, 6 IR 1455; 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 6-1-38) to Indiana Department of Transportation (105 IAC 5-1-38) by P.L. 112-1989, SECTION 5, effective July 1, 1989.