66-1,219. Same; investigations initiated by commission; powers.
66-1,219
66-1,219. Same; investigations initiated by commission; powers.The commission, upon its own initiative, may investigate all rates, jointrates, tolls, charges and exactions, classifications or schedules of ratesor joint rates and rules and regulations of common carriers, except a motorcarrier holding a certificate of public service. If after fullhearing and investigation the commission finds that such rates, jointrates, tolls, charges or exactions, classifications or schedules of ratesor joint rates or rules and regulations are unjust, unreasonable, unjustlydiscriminatory or unduly preferential, the commission shall have the powerto fix and order substituted therefor such rates, tolls, charges,exactions, classifications or schedules of rates or joint rates and suchrules and regulations as are just and reasonable.
If upon any investigation it is found that any such regulation,measurement,practice, act or service complained of is unjust, unreasonable,unreasonably inefficient or insufficient, unduly preferential, unjustlydiscriminatory, or otherwise in violation of this act or of the orders ofthe commission, or if it is found that any service is inadequate or thatany reasonable service cannot be obtained, the commission may substitutetherefor such other regulations, measurements, practices, service or acts,and make such order respecting any such changes in such regulations,measurements, practices, service or acts as are just and reasonable. When,in the judgment of the commission, public necessity and conveniencerequire, the commission may establish just and reasonable concentration orother special rates, charges or privileges, but all such rates, charges andprivileges shall be open to all users of a like kind of service under similarcircumstances and conditions.Hearings shall be conducted in accordance with the provisions of the Kansasadministrative procedure act, unless, in the case of a general investigation,for good cause, the commission orders otherwise.
History: L. 1985, ch. 225, § 30;L. 1995, ch. 98, § 14;L. 1997, ch. 132, § 11; July 1.