Wisconsin § 195.37 - Water carrier freight charges; collection, refund.

§ 195.37. Water carrier freight charges; collection, refund.

195.37(1) (1) Complaints, investigations, hearings, findings, refund. The office may investigate the complaint of any person aggrieved that the charge exacted by a water carrier for the transportation of property between points in this state, or for any service in connection with transportation of property, or that the charge exacted by a water carrier for the storage of such property, or that any charge exacted by a water carrier is erroneous, illegal, unusual or exorbitant and shall set the complaint for hearing as provided in s. 195.04 (2) to (4) . If the office finds that the rate or charge exacted by a water carrier is erroneous, illegal, unusual or exorbitant, it shall find what would have been a reasonable rate or charge for such service. If the rate or charge so found is less than the charge exacted, the carrier shall refund the excess. 195.37(2) (2) Actions; findings as evidence, defenses. In an action to recover the amount of such excess charge, the findings of the office shall be prima facie evidence of the truth of the facts found by it, and no carrier shall be permitted to avail itself of the defense that the shipment involved was in fact made on the published tariff rate in force at the time such shipment was made, but no carrier making a refund upon the order of the office or the judgment of a court shall be liable for any penalty or subject to any prosecution on account of making such refund. 195.37(3) (3) Limitation for filing claim. All complaints provided for in sub. (1) , except those for straight overcharges, shall be filed with the office within 2 years after delivery of the shipment of property at destination, subject to sub. (6) . 195.37(4) (4) Straight overcharges, limitation of actions, exception. 195.37(4)(a) (a) In this subsection, “straight overcharge” means a charge in excess of those applicable under the lawful tariffs on file with the office. 195.37(4)(b) (b) For recovery of a straight overcharge, neither this section nor s.