Ohio § 4909.27

§ 4909.27.

If the public utilities commission believes that any rate or charge may be unreasonable

or unjustly discriminatory, and that an investigation relating thereto should be made,

it may investigate them upon its own motion.  Before such investigation it shall present to the railroad a statement in writing

setting forth the rate or charge to be investigated.  Thereafter, on ten days' notice to the railroad of the time and place of such investigation,

the commission may proceed to investigate such rate or charge in the same manner and

make like orders in respect thereto, as if such investigation had been made upon complaint. When any schedule is filed with the commission stating a new individual or joint rate

or charge, any new individual or joint classification, or any new individual or joint

regulation or practice affecting any rate or charge, the commission may, either upon

complaint or upon its own initiative without complaint, at once, and if it so orders,

without answer or other formal pleading by the interested carriers, but upon reasonable

notice, enter upon a hearing concerning the propriety of such rate, charge, classification,

regulation, or practice.  Pending such hearing and the decision thereon, the commission upon filing with such

schedule and delivering to the carriers affected thereby, a statement in writing of

its reasons for such suspension, may suspend the operation of such schedule and postpone

the use and operation of such rate, charge, classification, regulation, or practice,

for a period of not longer than one hundred twenty days beyond the time when such

rate, charge, classification, regulation, or practice would otherwise go into effect.  After a full hearing, whether completed before or after the rate, charge, classification,

regulation, or practice goes into effect, the commission may make such order in reference

to such rate, charge, classification, regulation, or practice as would be proper in

a proceeding initiated after the rate, charge, classification, regulation, or practice,

had become effective.  If any such hearing cannot be concluded within such period of suspension, the commission

may extend the time of suspension for a further period not exceeding thirty days.  At any hearing involving a rate increased or a rate sought to be increased, the

burden of proof to show that the increased rate or the proposed increased rate is

just and reasonable is upon the common carrier, and the commission shall give to the

hearing and decision of such question preference over all other questions pending

before it and decide the same as speedily as possible. A full record shall be kept of the proceedings before the commission on such investigations.  All testimony shall be taken by the stenographer appointed by the commission.