66-1,221. Orders and decisions of commission; service of copy upon carrier; effective date.
66-1,221
66-1,221. Orders and decisions of commission; service of copyupon carrier; effective date.(a) If upon such hearing and investigation the rates,joint rates, fares,tolls, charges, rules, regulations, classifications or schedules of anycommon carrier, except a motor carrier holding a certificate of publicservice, governed bythis actare found unjust, unreasonable, unfair, unjustly discriminatory orunduly preferential, or in any way in violation of thisact, or of any of the laws of the state of Kansas, thecommission shall have the power to fix and establish, and ordersubstituted therefor, such rates, joint rates, fares, tolls, charges,rules, regulations, classifications or schedules as it shalldetermine to be just, reasonable and necessary. If itis found that any regulation, practice or act, relating to anyservice performed or to be performed by such common carrierfor the public is in any respect unreasonable, unjust, unfair,unreasonably inefficient or insufficient, unjustly discriminatory or undulypreferential, or otherwise in violation of thisact or of any of the laws of the state of Kansas, thecommission may substitutetherefor such other regulations, practice, service or act asit determines to be just, reasonable and necessary.
(b) All orders and decisions of the commission whereby anyrates, joint rates, fares, tolls, charges, rules, regulations,classifications, schedules, practice or acts relating to any serviceperformed or to be performed by any common carrier, except a motor carrierholding a certificate of public serviceforthe public are altered, changed, modified, fixed or established shall bereduced to writing, and a copy thereof, duly certified, shall be served onthe common carrier affected thereby.Such order and decision shall become operative and effective within30 days after such service. Such common carrier,unless an action is commenced in a court of properjurisdiction to set aside the findings, orders and decisions ofthe commission, or to review and correct the same, shall carry theprovisions of such order into effect.
History: L. 1985, ch. 225, § 42;L. 1988, ch. 356, § 257;L. 1995, ch. 98, § 16; Apr. 13.