§10785. Finality of valuation: notice, protest, and review

(a) The Interstate Commerce Commission shall notify the carrier, the Attorney General, and the chief executive officer of each State in which property being valued under this subchapter is located, of the completion of a tentative valuation of that property. The Commission may also notify other parties. The notice must be sent by certified mail and must indicate the valuation established for each of that carrier's classes of property. A valuation of property under this subchapter becomes final if a protest is not filed within 30 days after notice of the tentative valuation of that property is given. When the tentative valuation becomes final under this subsection, the effective date is the date of the tentative valuation.

(b) When a carrier files a protest of a tentative valuation, the Commission shall begin a proceeding to consider the protest. If the Commission decides that a tentative valuation should be changed, it may make the necessary changes. The tentative valuation, as changed, becomes final and is effective on the date of the final action of the Commission under this subsection.

(c) The Commission shall publish final valuations and classifications of property established under this subchapter. A final valuation or classification that has become effective under this subchapter is prima facie evidence of the value of the property in a proceeding under this subtitle and in a judicial proceeding to enforce, enjoin, set aside, annul, or suspend an action of the Commission.

(d) When evidence is introduced at the trial of an action involving a final valuation of property established by the Commission and found by the court to be different from the evidence offered to the Commission during a proceeding under subsection (b) of this section or in addition to that evidence and substantially affecting the valuation, the court shall send a copy of that evidence to the Commission and stay further proceedings in the action. The court may determine the duration of the stay of proceedings. The Commission shall consider the evidence and may change the final valuation established under this subchapter. The Commission shall complete its action and report to the court in the time determined by the court. If the Commission changes the valuation, the court must substitute the valuation as changed for the original valuation and give its judgment on the substituted valuation. If the Commission does not change the original valuation, the court must give judgment on the original valuation.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1401 .)

In subsection (a), the words "shall notify" are substituted for "shall give notice" for clarity. The words "of the United States" are omitted as surplus. The words "chief executive officer" are substituted for "governor" in view of the inclusion of the District of Columbia. The words "each State" are substituted for "of any State" as being more appropriate. The words "of the completion of a tentative valuation" are substituted for "Whenever . . . shall have completed the tentative valuation" for clarity. The words "The Commission may also notify other parties" are substituted for "and to such additional parties as the Commission may prescribe" for clarity and consistency in view of the general power of the Commission to carry out the revised subtitle and to prescribe regulations under section 10321 of the revised title. The words "The notice must be sent" are inserted for clarity. The word "registered" is omitted as unnecessary since it refers to an inappropriate class of mail. The words "established for" are substituted for "placed upon" for clarity. The word "several" is omitted as surplus. The words "A valuation of property under this subchapter becomes final" are inserted for clarity. The words "as herein directed, and before such valuation shall become final" and "and shall allow thirty days in which to file a protest of the same with the Commission" are omitted as unnecessary in view of the restatement. The words "When the tentative valuation becomes final under this section" are substituted for "If no protest is filed within thirty days" in view of the restatement. The words "the effective date is the date of the tentative valuation" are substituted for "said valuation shall become final as of the date thereof" for clarity.

In subsection (b), the word "When" is substituted for "If" as more appropriate. The words "notice of" are omitted as surplus. The words "begin a proceeding to consider the protest" are substituted for "fix a time for hearing the same, and shall proceed as promptly as may be to hear and consider any matter relative and material thereto which may be presented in support of any such protest so filed as aforesaid" in view of subchapter II of chapter 5 of title 5 and subchapter II of chapter 103 of the revised title. The words "If the Commission decides that a tentative valuation should be changed, it may make the necessary changes" are substituted for "If after hearing any protest of such tentative valuation under the provisions of this chapter the Commission shall be of the opinion that its valuation should not become final, it shall make such changes as may be necessary" for consistency in view of subchapter II of chapter 5 of title 5 and subchapter II of chapter 103 of the revised title. The words "The tentative valuation, as changed, becomes final and is effective on the date of the final action of the Commission under this subsection" are substituted for "and shall issue an order making such corrected tentative valuation final as of the date thereof" for clarity and consistency in view of the restatement.

In subsection (d), the word "When" is substituted for "If upon" for clarity. The word "established" is substituted for "fixed" for consistency. The words "is introduced" are substituted for "shall be introduced" to put the sentence in the active voice. The words "during a proceeding under subsection (b) of this section" are substituted for "hearing before the Commission" as being more precise. The word "send" is substituted for "transmit" for clarity. The words "before proceeding to render judgment" are omitted as surplus in view of the restatement of 49:19a(j). The words "from the date of such transmission" are omitted as surplus. The words "Upon the receipt of such evidence" are omitted as surplus. The words "may change the final valuation established under this subchapter" are substituted for "may fix a final value different from the one fixed in the first instance, and may alter, modify, amend or rescind any order which it has made involving said final value" for clarity and consistency in view of subchapter II of chapter 103 of the revised title. The word "changes" is substituted for "alter, modify, or amend" for consistency and to eliminate redundancy. The words "the court must substitute" are added for clarity. The words "give its judgment" are substituted for "judgment shall be rendered" for clarity. The words "on the substituted valuation" are substituted for "thereon as though made by the Commission in the first instance" for clarity. The words "in the time determined" are substituted for "within the time fixed" for clarity.