Change in tariff, charge, rule, regulation, etc. — Approval by department

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  1. (a)

    1. (1) A change shall not be made in any rate, fare, or charge, or any classification, rule, regulation, or practice affecting the rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff of any common carrier by aircraft, except upon approval of the Arkansas Department of Transportation and the rules and regulations prescribed by it.

    2. (2) If the proposed change is not acted upon by the department within thirty (30) days from the filing date thereof, the change shall become effective at the expiration of the thirty-day period.

  2. (b) The department is empowered to suspend any proposed new rate upon notice to the carrier for a period not exceeding one hundred eighty (180) days pending investigation by the department as to the reasonableness of such a proposed rate. However, this subsection shall not apply to any initial tariff filed by the carrier.

  3. (c) At any hearing involving any change in any tariff, classification, rule, regulation, practice, or service of a common carrier by aircraft, the burden of proof to show that the changed tariff, classification, rule, regulation, practice, or service is just and reasonable shall be upon the carrier.


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