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United
States.

District of
Columbia.

Alabama.

Arizona.

California.

[Colorado.

1. AUTHORITY OF COMMISSION TO PRESCRIBE RULES.

"That the commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. *** Rules of procedure may be amended by the commission. § 17, Act to Regulate Commerce, as am'd

See, also, § 19a, relating to valuation of property, added by Act of March 1, 1913.

"That the commission shall have power to adopt reasonable and proper rules and regulations relative to all inspections, tests, audits, and investigations, and to adopt and publish reasonable and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings of public utilities and other parties before it." District Appropriation Act, March 4, 1913, § 8, par. 32.

See, also, par. 97.

"The commission may adopt and publish rules to govern its
proceedings, and to regulate the mode and manner of all investiga-
tions, and hearings before it, provided all hearings shall be open to
the public." Code 1907, § 5643.

"The law-making power may
* prescribe rules and
regulations to govern proceedings instituted by and before it [the
Commission]; but, until such rules and regulations are provided by
law, the Commission may make rules and regulations to govern such
proceedings." Const., Art. XV, § 6.

§ 53 of the Arizona law contains a provision practically identical with that
quoted below from § 53 of the California law. Laws 1912, c. 90, § 53.

"All hearings and investigations before the commission or any
commissioner shall be governed by this act and by rules of practice
and procedure to be adopted by the commission, and in the conduct
thereof neither the commission nor any commissioner shall be bound
by the technical rules of evidence.
Stats. 1911, 1st. ex. sess.,
c. 14, § 53.

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§ 38 of the Colorado law is identical with § 53 of the California law, quoted above. Laws 1913, c. 127, § 38.

Florida.

(See note p. 3.)

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The Commissioners shall have power to prescribe all rules and regulations appropriate for the execution of any of the powers conferred upon them by law either in express terms or by implication. Laws 1913, c. 6525, § 20.

***

Procedure shall be the same as in case of railroads.

The commission is granted authority:

Same, § 24.

To prescribe all rules and regulations appropriate for the execution of any of the powers conferred upon them by law either in express terms or by implication. * * * Gen. Stats. 1906, § 2893,

as am'd 1913, c. 6527.

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§ 49 of the Idaho law contains a provision identical with that quoted above Idaho. from $53 of the California law. Laws 1913, c. 61, § 49.

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"The commission shall have power to adopt reasonable and proper rules and regulations relative to the exercise of its powers, and proper rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings, and to alter and amend the same." Laws 1913, p. 459, § 8.

*** The commisson shall formulate rules necessary to carry out the provisions of this act." Acts 1913, c. 76, § 5.

"The commission shall have power to adopt reasonable and proper rules and regulations relative to all inspections, tests, audits and investigations and to adopt and publish reasonable and proper rules to govern its proceedings, and to regulate the mode and manner of all investigations of public utilities and other parties before it. "All hearings shall be open to the public." Same, § 50.

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The commission shall have power to adopt reasonable and proper rules and regulations to govern its proceedings * * * and to regulate the mode and manner of all investigations, tests, audits, inspections and hearings not specifically provided for herein." Laws 1911, c. 238, § 9.

"The Commission shall have power to adopt and enforce such reasonable rules, regulations, and modes of procedure, as it may deem proper for the discharge of its duties *** and to regulate the mode and manner of all investigations and hearings of railroad companies and other parties before it *** Const., Art. 284.

"The commission shall have the right to employ such expert, professional, or other assistance as is necessary in making investigations or in otherwise carrying out the provisions of this act, and may make all necessary rules and regulations." Laws 1913, c. 129, § 3.

"In all actions and proceedings arising under this act *** the practice and rules of evidence shall be the same as in civil actions in the supreme judicial court except as otherwise herein provided. Same, § 57.

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(See note p. 3.)

Illinois.

Indiana.

Kansas.

Louisiana.

Maine.

"All hearings before the commission or commissioner shall be governed by rules to be adopted and prescribed by the commission. * * * Ann. Code 1911, Art. 23, § 422.

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The commission shall have the power to adopt rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings of telephone companies and other companies before it in the establishment of rates, facilities, charges, service and other acts required of it under this act, which rules shall as near as may be, conform to the practice heretofore established under act number three hundred of the public acts of nineteen hundred nine." P. A. 1913, No. 206, § 13.

See, also, P. A. 1909, No. 300, § 2 (1).

'Effective January 1, 1914.

Maryland.

Michigan.

Mississippi.

Missouri.

Montana.

Nebraska.

Nevada.

New
Hampshire.

New Jersey.

New Mexico.

New York.

North
Carolina.

North
Dakota.

In conducting hearings the commission shall conform

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'the mode of proceedings, as nearly as may be convenient, to that pursued by arbitrators, giving such time and latitude to each side, and regulating the opening and closing of any argument as the commission may consider best adapted to arrive at the truth; * * * ." Code 1906, 8 4849.

"All hearings before the commission or a commissioner shall be governed by rules to be adopted and prescribed by the commission. Laws 1913, p. 556, § 24.

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In addition to the modes of procedure hereinafter prescribed in particular cases and classes of cases, said Commission shall have power to prescribe rules of procedure, * * * Laws 1913, c. 52,

4.

§ 14 of the Montana law is practically identical with § 50 of the Indiana law, quoted above. Same, § 14.

***The Commission shall have power to make all needful rules and regulations for the government of their proceedings. * * * Stats. 1911, § 10650.

"Said Commission shall have the power to adopt rules and regulations to govern its proceedings, the mode and manner of conducting investigations and hearing ***." Same, § 10650 (n).

"The commission shall have the power to adopt and publish rules to govern its proceedings, *** Rev. Laws 1912, § 4549 (1).

The commission shall have power to adopt and publish rules to govern its proceedings. Laws 1911, c. 164, § 2 (k).

"The board shall have the power to make all needful rules for its government and other proceedings not inconsistent with this act, *** Laws 1911, c. 195, § 11.

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All hearings and investigations before the board or any member thereof shall be governed by rules adopted by the board, *** Same, $26.

* * The commission shall prescribe its own rules of order and procedure, except so far as specified in this constitution,

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"The Commission and the Supreme Court are hereby authorized and empowered to make and publish further rules of order, practice and procedure as the Commission or Supreme Court may deem necessary or proper." Laws 1912, c. 78, § 15.

A provision similar to that in Maryland (§ 422) is found in Pub. Ser. Com. Law, § 20.

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The corporation commission shall prescribe rules of practice and procedure in all matters before it and in all examinations necessary to be made under this chapter." Rev. 1905, § 1068.

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The said board of commissioners of railroads may in all cases conduct its proceedings when not otherwise particularly prescribed

by law, in such manner as will best conduce to the proper dispatch
of business, and to the ends of justice. * * * Said commissioners
may from time to time make or amend such general rules or orders
as may be requisite for the order and regulation of proceedings
before them, including forms of notice and the service thereof, which
shall conform as nearly as may be to those in use in courts of this
state.
Rev. Codes 1905, § 4362.

***

"The commission may adopt and publish rules to govern its proceedings, and to regulate the mode and manner of investigations and hearings of railroads and other parties before it. All hearings shall be open to the public." Laws 1913, p. 804, § 19 [499-6].

(N. D.)

Ohio.

The commission has power to adopt reasonable and proper rules to govern Oregon. all its proceedings and investigations. Laws 1911, c. 279, § 34.

"The commission may make such rules and regulations, not inconsistent with the law, as may be necessary or proper in the exercise of its powers or for the performance of its duties; ***" Laws 1913, No. 854,1 Art. V, § 26.

"*** all hearings, investigations, and proceedings by the commission shall be governed by such rules, not inconsistent with this act, as shall be adopted and prescribed by the commission. ***" Same, Art. VI, § 1.

"All hearings, investigations and inquiries before the commission shall be governed by rules to be adopted and prescribed by the commission, and in such hearings and investigations and inquiries, the commission shall not be bound by the technical rules of evidence." Laws 1912, c. 795, § 17.

The commissioners may make or amend such general rules as to procedure as may be necessary, which shall conform as nearly as may be to those in use in courts. Rev. Pol. Code 1903, § 192.

For provisions relative to the keeping of a docket by commission, see Laws 1913, c. 312, § 1.

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'That the Commission shall have power to adopt and enforce such reasonable rules, regulations, and modes of procedure, as it may deem proper for the discharge of its duties and to regulate the mode and manner of all investigations and hearings of companies and other parties before it, and all hearings before the Commission shall be governed by rules to be adopted and prescribed by the Commission." Acts 1913, c. 32, § 11.

Rules of the commission regulating procedure with reference to railroads shall be applicable to telephone and telegraph companies. Same, § 16. See, also, Acts 1897, c. 10, § 8, as am'd 1907, c. 390.

"The forms, pleadings, procedure and rules of practice before said board shall be prescribed by said board and printed for general Pub. Stats. 1906, § 4598.

use.

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“*** It shall prescribe its own rules of order and procedure, except so far as the same are specified in this Constitution or any amendment thereof. ***." Const., § 155.

'Effective January 1, 1914.

Pennsylvania.

Rhode
Island.

South
Dakota.

Tennessee.

Vermont.

Virginia.

Washington.

West
Virginia.

Wisconsin.

United

States.

District of
Columbia.

"*** Rules of practice and procedure not otherwise provided for in this Act may be prescribed by the commission." Laws 1911, c. 117, § 80, as am'd 1913, c. 145.

"***The commission shall have, and it is hereby given, power to adopt rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings *** Same, § 85.

"The commission shall prescribe the rules of procedure and for taking evidence in all matters that may come before it, and enter such final orders as may be just and lawful. Acts 1913, c. 9, § 2. The commission shall have power to adopt and publish rules to govern its proceedings. Stats. 1911, §§ 1797-1 (1), 1797m-36.

2. COMPLAINT.

That any person, firm, corporation, company, or association, or
any mercantile, agricultural, or manufacturing society or other or-
ganization, or any body politic or municipal organization, or any
common carrier, complaining of anything done or omitted to be done
by any common carrier subject to the provisions of this act, in con-
travention of the provisions thereof, may apply to said commission
by petition, which shall briefly state the facts; whereupon a state-
ment of the complaint thus made shall be forwarded by the commis-
sion to such common carrier, who shall be called upon to satisfy
the complaint, or to answer the same in writing, within a reasonable
time, to be specified by the commission. If such common carrier
within the time specified shall make reparation for the injury alleged
to have been done, the common carrier shall be relieved of liability to
the complainant only for the particular violation of law thus com-
plained of. If such carrier or carriers shall not satisfy the complaint
within the time specified, or there shall appear to be any reasonable
ground for investigating said complaint, it shall be the duty of the
commission to investigate the matters complained of in such manner
and by such means as it shall deem proper.

"Said commission shall, in like manner and with the same
authority and powers, investigate any complaint forwarded by the
railroad commissioner or railroad commission of any State or Terri-
tory at the request of such commissioner or commission, *.**
No complaint shall at any time be dismissed because of the absence
of direct damage to the complainant." § 13, Act to Regulate
Commerce, as am'd.

All complaints for the recovery of damages shall be filed within two years from time cause of action arose. Same, § 16.

Rates, service, etc., may be investigated upon
District Appropriation Act, March 4, 1913, § 8, par. 38.

"reasonable complaint.'

"*** no complaint shall of necessity at any time be dismissed because of the absence of direct damage to the complainant." Same, par. 43.

Any utility may make complaint as to any matter affecting its own product or service. Same, par. 47.

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