21-266 - Appeal from action fixing fees, etc.
§ 21-266. Appeal from action fixing fees, etc.
From any action of the sanitation commission in prescribing fees, rents andcharges, or either of them, pursuant to the provisions of this chapter, anappeal may be taken upon the petition of any county, city or townconstituting a part of the district, or upon petition of any fifty persons,resident or doing business in the district, to the State CorporationCommission. At least sixty days prior to filing such petition with the StateCorporation Commission, such county, city or town or interested parties shallnotify the sanitation commission of such intended petition and of the fees,rents and charges complained of, in order that the sanitation commission maybe afforded an opportunity to make such changes in such fees, rents andcharges as it shall deem proper. After such petition shall have been filedwith the State Corporation Commission and after such county, city or town orother petitioners shall have, if required by the State CorporationCommission, executed and filed with the State Corporation Commission a bondpayable to the Commonwealth and sufficient in amount, but not in excess of$500, and security to insure the prompt payment of all costs which may beassessed against such county, city or town or other petitioners and aftersuch county, city or town or other petitioners shall have caused to bepublished in at least one newspaper, designated by the State CorporationCommission and of general circulation within the district, such notice ofsuch appeal as shall be prescribed by the State Corporation Commission, theState Corporation Commission is authorized to make such examinations andstudies, to hold such hearings as may be required, to issue subpoenasrequiring the attendance of witnesses and the production of records,memoranda, papers and other documents before the State Corporation Commissionor any officer or agent thereof, to administer oaths and to take testimonythereunder, and to fix in accordance with the provisions of this chapterapplicable to the sanitation commission, subject to the right of furtherappeal by the sanitation commission or the interested parties to the SupremeCourt, such fees, rents and charges. In each such proceeding the StateCorporation Commission shall ascertain the costs incurred by it, including insuch costs actual expenses incurred and a fair apportionment of overheadexpenses, and shall assess the same against either the petitioner orpetitioners, or the sanitation commission, or shall apportion the costsbetween the petitioner or petitioners and the sanitation commission,according to principles applicable in courts of equity.
(1946, p. 355; Michie Suppl. 1946, § 1560iii7.)