105 IAC 5-1-42 - Contract enforcement

Authority: IC 8-1-1-3

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

Sec. 42.

(a) The exclusive remedy for an alleged breach of a contract approved by the commission shall be an action in an appropriate state court or United States District Court, unless the parties otherwise agree in the contract.

(b) The commission may not require a rail carrier to violate the terms of a contract that has been approved under 170 IAC 3-1.1-40.1(f)[section 40(f) of this rule], except to the extent necessary to comply with 49 U.S.C. Sec. 11128.

Notes

105 IAC 5-1-42

Indiana Department of Transportation; 105 IAC 5-1-42; filed Feb 27, 1985, 9:24 a.m.: 8 IR 779; 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 6-1-42) to Indiana Department of Transportation (105 IAC 5-1-42) by P.L. 112-1989, SECTION 5, effective July 1, 1989.