investigations, inquiries, or hearings, before or by any such com- Orders made by a single commissioner must be approved by at least a quorum. Same, § 4. § 7. The commission, or a quorum thereof, shall hold stated meetings at least twice a month during the year, at its principal office, and may hold meetings at any time and at any place within this Commonwealth." Same, § 18. "All hearings before the commission or before any commis- *** "" "***The testimony shall be taken down by the stenographer appointed by the commission, and a full and complete record shall be kept of all proceedings had before the commission or any commissioner on any hearing or investigation." Same, § 7. (Pa.) Commission to hold a meeting at least once a month. Laws 1912, c. 795, Rhode Island. A majority shall constitute a quorum. Investigations, inquiries and hearings may be held at any time and place within state, and when authorized by commission, by and before a single commissioner, his orders to be approved by commission. Same, § 8. All hearings shall be public. Same, § 9. Commission shall not be bound by the technical rules of evidence. Same, § 17. "The commission shall, prior to such formal hearing notify the public utility complained of that a complaint has been made, and ten days after such notice has been given, the commission may proceed to set a time and place for a hearing and an investigation as hereinafter provided." Same, § 19. "* * * Both the public utility and the complainant shall be entitled to be heard and appear by counsel, and shall have process to enforce the attendance of witnesses." Same, § 20. "The commission may, in its discretion, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such time as it may prescribe. Same, § 25. A majority shall constitute a quorum. Code 1912, § 3139. "*** except by agreement with the subscribers, no change shall be made in any existing rates without a hearing by said Commission which shall be had at such time and place as shall be desig South (S. C.) South Tennessee. Vermont. nated by said Commission most convenient to the parties interested, Board shall hold regular meetings at least once a month at its office, which shall be located at some central point selected by majority. Rev. Pol. Code 1903, $191. “*** A majority of the commissioners shall constitute a The commission shall keep a full record of all evidence introduced upon any hearing, including a transcript thereof and all exhibits. One copy shall be furnished free to each party. Laws 1913, c. 312, § 2. All hearings shall be at the state capital except in cases where, from the nature of the case, a personal examination on the ground is necessary, and in such cases an examination or personal investigation may be made by any member or employee of the board. Same, § 11. Hearings shall be had upon maximum schedules proposed by the commission. Laws 1911, c. 207, § 20. Hearings shall be had upon complaint that rates are unreasonably high or discriminatory. Same, § 21. Provisions as to evidence admissible at hearings, etc., similar to those in North Dakota (§ 4345), are made in Same, § 22. Before prescribing rates or ordering connections a hearing shall be had "and any person may appear at such hearing and be heard or exam- No change shall be made in rates without a hearing. Laws 1909, c. 289, § 5, as am'd Laws 1911, c. 218, § 3. A majority shall constitute a quorum. Acts 1897, c. 10, § 2. "That the Commissioners shall meet in their office at the Capitol as often as business may require, and shall remain in session until all business before them is disposed of, and shall hold other sessions at such times and places as may be necessary for the proper discharge of their duties, or as the convenience of the parties, in the judgment of the Commission may require." Same, § 7. Hearings shall be public. Same, § 8, as am'd 1907, c. 390. "Two of the said commissioners shall constitute a quorum for the transaction of any business or duties of said board, and meetings of the board may be held at any time or place within the state *** "One commissioner may inquire into and examine any matter within the jurisdiction of said commission to inquire into; and may, with the consent in writing of the persons interested, filed with said commissioner, hold any hearing in any matter within the jurisdiction of said commission to hear, except hearings, on rates, tariffs, tolls, land damages, grade crossing eliminations, the location of depots or (Vt.) All sessions of the commission shall be public, and at least one session shall Virginia. be held each quarter. Const., § 155; Code 1904, § 1313a (33). Two commissioners shall constitute a quorum, whether there be a vacancy in commission or not. Const., § 155. Provision similar to that in Oklahoma Const., Art. 9, § 18, is found in Const., § 156 (b); Code 1904, § 1313a (26). Public sessions shall be held in Richmond, unless convenience requires otherwise, in which case they may be held elsewhere in the state. Code 1904, § 1313a (5). Any party to a proceeding shall have process to convene parties, compel the attendance of witnesses, or the production of books, etc. Same, § 1313a (22). "That the commission, on hearing of all complaints, proceedings, contests, or controversies, in which it shall be called upon to decide or render judgment in its capacity as a court of record, shall observe and administer the common and statute law rules of evidence" in like manner as in the courts. Same, § 1313a (23). A majority of the commissioners shall constitute a quorum for the transaction Washington. of any business, and may hold hearings at any time or place within or without the state. Any investigations or hearings may be held before any commissioner, and when so held shall be deemed to be the investigations and hearings of the commission, but orders must be approved by the commission. Laws 1911, c. 117, § 7. Hearings shall be fixed not less than ten days after service of notice thereof and complaint, except as otherwise provided. Same, § 80, as am'd 1913, c. 145. "At the time fixed for the hearing mentioned in the preceding section, the complainant and the person or corporation complained of shall be entitled to be heard and introduce such evidence as he or it may desire. The commission shall issue process to enforce the attendance of all necessary witnesses. At the conclusion of such hearing the commission shall make and render findings concerning the subject-matter and facts inquired into and enter its order based thereon. *** A full and complete record of all proceedings had before the commission, or any member thereof, or any formal hearing had, and all testimony shall be taken down by a stenographer appointed by the commission, and the parties shall be entitled to be heard in person or by attorney. *** Same, § 81. "*** No person desiring to be present at such hearing shall be denied permission. *** Same, § 85. “*** But hearings and the taking of evidence may be had at such times and places and in each particular case as the commission may designate." Acts 1913, c. 9, § 1, West (W. Va.) Wisconsin. United "In the investigations, preparations and hearings of cases, the commission may not be bound by the strict technical rules of pleading and evidence, but in that behalf it may exercise such discretion as will facilitate their efforts to understand and learn all the facts bearing upon the right and justice of the matters before them." Same, § 2. A majority of commissioners shall constitute a quorum, and any vacancy shall not impair right of remaining commissioners to exercise all powers. Stats. 1911, § 1797-1 (g). Sessions may be held anywhere in state. Same, § 1797-1 (k). All hearings shall be open to the public. Same, §§ 1797-1 (1), 1797m-36. The commission may delegate to any agent the taking of all testimony in connection with any hearing. Same, § 1797m-41. "The commission shall, prior to such formal hearing, notify the public utility complained of that a complaint has been made, and ten days after such notice has been given the commission may proceed to set a time and place for a hearing ***." Same, § 1797m-44. "The commission shall give the public utility and the complainant, if any, ten days' notice of the time and place when and where such hearing and investigation will be held and such matters considered and determined. Both the public utility and complainant shall be entitled to be heard and shall have process to enforce the attendance of witnesses." Same, § 1797m-45. Where more than one rate is complained of commission may order separate hearings. Same, §§ 1797-12 (a), 1797m-48. All testimony in formal investigations shall be taken down by a stenographer appointed by the commission. Same, § 1797m-56. 5. ORDERS. That whenever an investigation shall be made by said commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the commission, together with its decision, order or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on which the award is made. "All reports of investigations made by the commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of." § 14, Act to Regulate Commerce, as am'd. "*** All orders of the commission, except orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force for such period of time, not exceeding two years, as shall be prescribed in the order of the commission, unless the same shall be suspended or modified or set aside by the commission, or be suspended or set aside by a court of competent jurisdiction." Same, § 15. Every order of the commission shall be forthwith served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law. "The commission shall be authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper." Same, § 16. "*** But no order affecting said rates, tolls, charges, schedules, regulations, or act complained of shall be entered by the commission without a formal hearing." District Appropriation Act, March 4, 1913, § 8, par. 38. "That all public utilities to which an order of the commission applies shall make such changes in their schedules on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any public utility in any such rates, tolls, or charges, or in any joint rate or rates, without the approval of the commission. Certified copies of all other orders of the commission shall be delivered to the public utility affected thereby in like manner, and the same shall take effect within such reasonable time thereafter as the commission shall prescribe." Same, par. 61. "That the commission may, at any time, upon notice to the public utility and after opportunity to be heard as provided in paragraph forty of this section, rescind, alter, or amend any order fixing any rate or rates, tolls, charges, or schedules, or any other order made by the commission, and certified copies of the same shall be served and take effect as herein provided for original orders." Same, par. 62. Orders of a single commissioner, when approved by the commission, shall be deemed to be the orders of the commission. Same, par. 97. (U.S.) District of If upon investigation rates, charges, regulations or service shall be found Alabama. unreasonable or unjustly discriminatory or the service inadequate, the commission may fix and order substituted such rates or charges as it shall have determined to be just and reasonable, and may make such orders respecting regulations or service as it shall determine to be reasonable, and which shall be observed and followed in the future. Code 1908, § 5669. The commisson shall cause a certified copy of any order fixing rates to be delivered to any officer or superintendent of the company affected thereby, which order shall, of its own force take effect and be operative twenty days after the service thereof. Other orders shall take effect within such time as the commission shall prescribe. Same, § 5678. (It is doubtful if § 5678 applies to telephone companies.) The commission may, after due notice and hearing, rescind, alter or amend any order. Same, § 5679. See, also, § 5680 referred to under Joint Rates, p. 114. Every order made by a commissioner designated to hold a hearing or investi- Arizona. gation shall, when approved by the commission, be deemed to be the order of the commission. Laws 1912, c. 90, § 9. Provisions in §§ 36, 61, 64, 65 of the Arizona law (Laws 1912, c. 90) are identical with, or differ only in unimportant details of phraseology from, the provisions from the similarly numbered sections of the California law quoted or referred to below. |