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288 ARTICLE 23.
affected thereby a statement in writing of its reason for such suspension
may suspend the operation of such schedule and defer the use of such rate,
fare, charge, classification, regulation or practice but not for a longer
period than one hundred and twenty days beyond the time when such rate,
fare, charge, classification, regulation or practice would otherwise go into
effect; and after full hearing, whether completed before or after the rate,
fare, charge, classification, regulation or practice goes into effect, the Com-
mission may make such order in reference to such rate, fare, charge,
classification, regulation or practice as would be proper in a proceeding
initiated after the rate, fare, charge, classification, regulation or practice
had become effective. If any such hearing cannot be concluded within the
period of suspension, as above stated, the Commission may, in its discre-
tion, extend the time of suspension for a further period not exceeding
thirty days. And if the proceeding has not been concluded and an order
made at the expiration of such thirty days, the proposed change of rate,
fare, charge, classification, regulation or practice shall go into effect at the
end of such period, but in case of a proposed increased rate or charge, the
Commission may by order require the said proponent or proponents to keep
accurate account in detail of all amounts received, by reason of such in-
creases, specifying by whom and in whose behalf such amounts are paid,
and upon completion of the hearing and decision, may, by further1 order,
require the said proponent or proponents to refund with interest, to the
persons in whose behalf such amounts were paid, such portion of such
increased rates or charges as by its decision shall be found not justified. At
any hearing involving any new schedule as hereinbefore in this section
provided after the passage of this Act, the burden of proof to show that
each proposed new schedule or any part thereof is just and reasonable shall
be upon the said proponent or proponents by whom or on whose behalf such
new schedule has been filed, and the Commission shall give to the hearing
and decision of such questions preference over all other questions pending
before it and decide the same as speedily as possible.
1927, ch. 335, sec. 364B.
364B. If upon the hearing of any petition filed with the Public Service
Commission at any time by a public service corporation, company or indi-
vidual, it shall be made to appear to the satisfaction of the Commission
that the public interest requires a change in a rate, fare, charge, classifica-
tion, regulation or practice, or that such change is necessary for the pur-
pose of providing adequate and efficient service, or for the preservation of
property, the Commission, upon such terms, conditions or safeguards as it
deems proper, may authorize an immediate reasonable, temporary increase
in a rate, fare or charge, or a change in a classification, regulation or
practice.
365.
This section applies only between carriers and users of their facilities; no
application to commissions paid by taxi company to third persons. Mundon v.
Taxicab Co., 151 Md. 455.
Cited but not construed in Ruark v Engineers' Union, 157 Md. 585.
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