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Session Laws, 1955
Volume 620, Page 771   View pdf image (33K)
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THEODORE R. McKELDIN, GOVERNOR                     771

seal of the commission, shall be evidence to the same extent as the
originals.

(d) The commmission may take notice of judicially cognizable
facts and also of general, technical, or scientific facts within its spe-
cialized knowledge. Parties shall be notified in appropriate manner
of the material so noticed, and shall be afforded an opportunity to
contest the same.

77.    (Burden of Proof.)

(a)  In any proceeding before the commission in which the ap-
proval of the commission is applied for under Section 23 of this
article (Franchises, Contracts, Securities), the burden shall be on
the applicant to show by clear and satisfactory evidence that the
granting of the application is required by, or consistent with the
public interest, as the case may be, in addition to being in compli-
ance with the other requirements of this article.

(b)  In any proceeding involving a new rate, or change in any
rate, whether temporary or permanent, the burden of proof shall
be on the proponent of the new rate or change in rate.

78.    (Decisions and Orders.)

(a)  Every decision and order of the commission in any contested
proceeding shall be in writing and shall state concisely the grounds
for the commission's conclusions.

(b)  Every person served with an order of the commission shall
forthwith notify the commission in writing of receipt of service.
Such notification on behalf of a corporation shall be signed by any
person authorized to admit service.

(c)   The commission may require in any order that within a time
specified therein, notification must be given to the commission in
like manner as provided in the preceding subsection, as to whether,
and to what extent the order is accepted and will be obeyed.

(d)  All orders of the commission shall take effect within such
reasonable time as the commission may prescribe; and shall con-
tinue in force according to their terms, or until vacated, suspended,
modified, or superseded by further order of the commission or by a
court of competent jurisdiction.

79.    (Rehearing.)

(a)  Any party in interest may apply to the commission for re-
hearing within 30 days after service upon it of a final order. Action
on such application shall lie in the discretion of the commission. If
a rehearing is granted the case shall be decided within 30 days
after the case on rehearing is finally submitted.

(b)   Unless the commission otherwise orders, neither the rehear-
ing nor the application therefor shall stay the enforcement of any
commission order, or excuse the persons affected by it for failure
to comply with its terms.

(c)   The commission may consider on rehearing facts not pre-
sented in the original hearing, including facts arising after the date
of the original hearing, and may by new order abrogate, change, or
modify its original order.


 

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Session Laws, 1955
Volume 620, Page 771   View pdf image (33K)
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