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Session Laws, 1972
Volume 708, Page 1355   View pdf image
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Marvin Mandel, Governor                       1355

MISSION. UPON RECEIPT OF NOTICE, THE COMMISSION
MAY SUSPEND THE EFFECTIVE DATE OF ANY PROPOSED
CHANGE. IN ANY SUCH CASE A FORMAL WRITTEN STATE-
MENT OF THE REASONS FOR THE SUSPENSION WILL BE
PROMPTLY SUBMITTED TO THE INSTITUTION. UNLESS
SUSPENDED, ANY PROPOSED CHANGE SHALL GO INTO
EFFECT UPON THE DATE SPECIFIED IN THE APPLICATION.

(2)  IN ANY CASE WHERE SUCH ACTION IS DEEMED
NECESSARY, THE COMMISSION SHALL PROMPTLY INSTI-
TUTE PROCEEDINGS AS TO THE REASONABLENESS OF
THE PROPOSAL. THE SUSPENSION MAY EXTEND FOR A
PERIOD OF NOT MORE THAN 30 DAYS BEYOND THE DATE
THE CHANGE WOULD OTHERWISE GO INTO EFFECT; PRO-
VIDED, HOWEVER, THAT SHOULD IT BE NECESSARY, THE
COMMISSION MAY EXTEND THE SUSPENSION FOR AN
ADDITIONAL 30 DAYS. AFTER THE EXPIRATION OF 90
DAYS THE NEW RATE WILL GO INTO EFFECT, IF THE
COMMISSION DOES NOT APPROVE, DISAPPROVE OR MOD-
IFY THE REQUEST BY THAT TIME.

(3)  IN ANY CASE WHERE THE COMMISSION DEEMS IT
NECESSARY SUCH PROPOSALS SHALL BE CONSIDERED AT
A PUBLIC HEARING, THE TIME AND PLACE OF WHICH
SHALL BE DETERMINED BY THE COMMISSION. THE HEAR-
ING SHALL BE CONDUCTED BY THE COMMISSION AT
WHICH TIME EVIDENCE FOR AND AGAINST THE RE-
QUESTED CHANGE MAY BE INTRODUCED BY ANY INTER-
ESTED PARTY AND WITNESSES MAY BE HEARD. THE HEAR-
ING MAY BE CONDUCTED WITHOUT COMPLIANCE WITH FOR-
MAL RULES OF EVIDENCE.

(4)  THE COMMISSION MAY, IN ITS DISCRETION, PERMIT
ANY INSTITUTION TO MAKE A TEMPORARY CHANGE IN
RATES WHICH SHALL BE EFFECTIVE IMMEDIATELY UPON
FILING AND IN ADVANCE OF ANY REVIEW PROCEDURE
WHEN IT DEEMS IT IN THE PUBLIC INTEREST TO DO SO.
NOTWITHSTANDING SUCH TEMPORARY CHANGE IN RATES,
THE REVIEW PROCEDURES SET OUT HEREIN SHALL BE
CONDUCTED BY THE COMMISSION AS SOON THEREAFTER
AS IS PRACTICABLE.

(5)  EVERY DECISION AND ORDER OF THE COMMISSION
IN ANY CONTESTED PROCEEDING SHALL BE IN WRITING
AND SHALL STATE THE GROUNDS FOR THE COMMISSION'S
CONCLUSIONS. THE EFFECTS OF SUCH ORDERS SHALL BE
PROSPECTIVE IN NATURE.

Sec. 2. And be it further enacted, That this Act is hereby declared
to be an emergency measure and necessary for the immediate preser-
vation of the public health and safety and having1 been passed by a
yea and nay vote supported by three-fifths of all the members elected
to each of the two Houses of the General Assembly, the same shall
take effect from the date of its passage.

Approved May 26, 1972.

 

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Session Laws, 1972
Volume 708, Page 1355   View pdf image
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