§ 39-14-2.2. Notice of change in rates. (a) No change shall be made in the rates, tolls, and charges which have been filed and published by any taxicab or limited public motor vehicle in compliance with the requirements of § 39-14-2.1 except after thirty (30) days written notice to the administrator which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rates, tolls, or charges will go into effect. A filing fee of fifty dollars ($50.00) shall accompany all filings made pursuant to this section. All revenues received under this section shall be deposited as general revenues. Whenever the administrator receives notice of any change or changes proposed to be made in any schedule filed under the provisions of § 39-14-2.1, the administrator may hold a public hearing and make investigation as to the propriety of the proposed change or changes.

(b) After notice of any investigation, the administrator shall have power, by any order served upon the taxicab or limited public motor vehicle affected, to suspend the taking effect of any change or changes pending the decision thereof, but not for a longer period than five (5) months beyond the time when the change or changes would otherwise take effect; provided, however, that in the event that any hearing and/or investigation shall not have been completed at the expiration of the five (5) month period, the administrator shall have power, by an order served upon the taxicab or limited public motor vehicle affected, to further suspend the taking effect of the change or changes pending the decision thereon, but not for a longer period than three (3) months beyond the expiration of the first mentioned five (5) month period. Each hearing and investigation shall be conducted as expeditiously as may be practicable, and with a minimum of delay. Within ninety (90) days after the completion of any hearing, the administrator shall make such order in reference to any proposed rate, toll, or charge as may be proper.

(c) The administrator, in his or her discretion and for good cause shown, may allow the publication of rates or charges upon notice less than that specified in this section, or may modify the requirements of this section with respect to the posting and filing of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. The administrator, after a hearing, may establish from time to time such reasonable rules and regulations as he or she may deem necessary pertaining to the form of tariffs, the time and manner of filing thereof, the suspension of rates before the same become effective, and bearing upon the validity of any filed or existing rate. No taxicab or limited public motor vehicle shall charge, demand, collect, or receive a greater or less compensation for transportation or any service in connection therewith between points enumerated in the tariff than the rates and charges specified in the filed tariffs in effect at the time.

(d) In the event of an appeal from an order of the administrator in any hearing under this section, the order shall remain in full force and effect during the pendency of the appeal.

(e) The administrator shall implement a gasoline price emergency surcharge program whereby a taxicab or limited public motor vehicle licensed under this chapter shall be permitted to impose and collect a surcharge, during such times and under such conditions wherein the administrator determines that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon. Provided, that the administrator shall have discretion as to when to permit such surcharge to be imposed, except that the administrator shall not impose the surcharge at any time when the average price of gasoline, as determined by the administrator, does not exceed the price of one dollar and fifty cents ($1.50) per gallon.

History of Section. (P.L. 1985, ch. 499, § 1; P.L. 1992, ch. 133, art. 34, § 7; P.L. 1997, ch. 326, § 116; P.L. 2001, ch. 307, § 1; P.L. 2003, ch. 412, § 1.)