OAR 740-050-0610: Procedures for Changing Tariffs

(1) All rates, charges, classifications and rules and regulations governing the practices or services of a motor carrier transporting household goods in intrastate commerce in Oregon must be filed as a tariff and fixed by order of the Department. Changes in tariffs must be made pursuant to Division 50 rules. (2)(a) Written petitions to amend tariffs may be submitted to the Department by a household goods carrier, a tariff bureau under OAR 740-050-0640, or by any other party having an interest in the matter; (b) The Department may permit a tariff change to become temporarily effective if that action is in the public interest. (3)(a) All petitions for changes in tariffs will be assigned for public hearing. The hearing notice will set the time and place for the hearing; (b) If the petition is for a general increase, the Department will use the Consumer Price Index for All Urban Consumers, West Region (all Items) as the basis for determining if the requested increase is justified. The Department will use a comparison of the Consumer Price Index For All Urban Consumers, West Region (all Items) in effect at the time of the last general increase with the current Consumer Price Index For All Urban Consumers, West Region (all Items); (c) As used in this rule, “general increase” means a general increase in, restructuring of, or substantial change in rates previously approved by the Oregon Public Utility Commission or the Oregon Department of Transportation. (4)(a) The Department’s notice will designate as respondents in petitions for general increases, unless specifically exempted, all carriers who possess authority to transport household goods and who are members of Oregon tariff bureaus pursuant to OAR 740-050-0640, or who publish individual tariffs and generate Oregon intrastate revenues from economically regulated commodities of $500,000 or more annually; (b) Exemptions under subsection (4)(a) of this rule may be granted by the Department upon a showing that the territory served by the carrier, or the carrier’s method of operation is such that the carrier does not compete with the petitioner; (c) If the Department approves the petition for general increase, the tariff change will apply to all respondents. A respondent may tender evidence at the hearing justifying independent rates which will apply only to that carrier. Upon giving seven days written notice to the Department, the petitioning carrier and any supporting rate bureau, any respondent may participate at the hearing as a party in opposition to application of the proposed general increases for its account. Upon a proper showing the Department may exclude such respondent from the application of the general increase proposal. (5)(a) A tariff bureau may support or oppose another tariff bureau’s petition at the Department’s hearing; (b) If the Department approves a tariff bureau petition which is not a general increase, the tariff change will apply to members of all Oregon tariff bureaus; (c) For a tariff bureau petition, other than that described in section (3) of this rule, the notice shall describe as respondents all carriers who possess authority and who are members of Oregon tariff bureaus pursuant to OAR 740-050-0640. (6) Individual carrier proposals submitted by independent action and approved by the Department shall apply only to the petitioning carrier.