Section 479.14 - Complaints and investigations; notice; commission determination and order; making schedules conform to order; investigation, inquiry, or hearing; findings of fact and conclusions of l
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
479.14 Complaints and investigations; notice; commission determination and order; making schedules conform to order; investigation, inquiry, or hearing; findings of fact and conclusions of law.
Sec. 14.
(1) Upon complaint in writing by any person, firm, corporation, association, mercantile, agricultural or manufacturing society, or by any body politic, municipal organization, common carrier, or motor carrier, that any of the motor common carrier rates, fares, charges, or classifications, or any joint rate or rates of any motor common carrier are, in any respect unreasonable or unjustly discriminatory or otherwise in violation of this act, or that any practice whatsoever affecting the transportation of property by any such motor common carrier or any service in connection therewith is in any respect unreasonable or unjustly discriminatory, or that any service of such motor common carrier is inadequate, or that this act or any order, rule, or practice established by the commission applicable to the motor common carrier, or motor common carrier charges filed with the commission by the motor common carrier, in any respect has been violated or deviated from, or is being violated or deviated from by such motor common carrier; or upon a complaint against any motor contract carrier that this act or any order, rule, or practice established by the commission applicable to the motor contract carrier has been violated or deviated from, or is being violated or deviated from, the commission shall notify the parties complained of that complaint has been made, and shall furnish a copy of the complaint with the notice, and 20 days after the notice has been given, the commission may proceed to investigate the complaint as provided in this section. Only the commission, on its motion, may bring a complaint against a contract carrier for predatory rates, practices, or rules pursuant to section 6(2) of article III. Before proceeding to make the investigation, the commission shall give the motor carrier and the complainants at least 10 days' notice of the time and place when and where the matters will be considered and determined, and the parties shall be entitled to be heard and shall have process to enforce the attendance of witnesses. If upon investigation of a motor common carrier, any matters complained of are found to be in violation of this act, the commission shall determine and by order fix and order substituted therefor the practice, service, or charges as shall conform to this act and the rules of the commission applicable to the motor common carrier. If upon investigation of a motor contract carrier, any matters complained of are found to be in violation of this act, the commission shall determine and by order fix and order substituted therefor the practice, service, or minimum rate as shall conform to this act and the rules of the commission applicable to the motor contract carrier. The order shall further provide that the parties complained of shall cease and desist from the violation and conform to the terms of the order. The commission shall cause a certified copy of each order to be delivered to the parties affected thereby, which order shall of its own force take effect and become operative 20 days after the service of the order. All motor common carriers to which the order applies shall on or before the date when the order becomes effective, make changes in schedules on file as shall be necessary to make the same conform to the order. All motor contract carriers to which the order applies shall, on or before the date the order becomes effective, conform their practice, service, or minimum rate to the order. Certified copies of all other orders of the commission shall be delivered to the parties affected in like manner, and, unless otherwise prescribed in this act, shall take effect within the time thereafter as the commission prescribes.
(2) When the commission believes that any provision in this act or any rule or order of the commission made in pursuance of this act, has been or is being violated, or that any charges have been made or collected or service performed in violation thereof, and that an investigation relating thereto should be made, the commission may on its own motion or on the application of anyone investigate the suspected violation. Before making the investigation, the commission shall present to the parties alleged to be guilty of the violations a statement in writing setting forth the matters to be investigated. Thereafter, on 10 days' notice to the parties of the time and place of the investigation, the commission may proceed to investigate the matters complained of in the same manner, and make like orders, as if the investigation had been made upon complaint. An investigation, inquiry, or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner or any employee of the commission when so directed by the commission or its chairperson. The commissioner or employee shall submit findings of fact and conclusions of law to the commission. If the findings of fact and conclusions of law are approved and confirmed by the commission and ordered filed in its office, they shall be the decision and the order of the commission. All investigations, inquiries, or hearings of a commissioner or an employee are considered as the investigation, inquiry, and hearing of the commission.
History: 1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.14 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994