§11502. Conferences and joint hearings with State authorities
(a)(1) In carrying out this subtitle as it applies to a class of persons providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, III, or IV of chapter 105 of this title, the Commission may-
(A) confer and hold joint hearings with the State authorities having regulatory jurisdiction of that class when the conference or hearing is related to an investigation of the relationship between rate structures and practices of carriers providing transportation or service subject to the jurisdiction of the State authorities and of the Commission, and the Commission may take action as a result of the investigation that may affect the rate-making authority of a State; and
(B) cooperate with and use the services, records, and facilities of the State authorities.
(2) In carrying out this subtitle as it applies to motor carriers and brokers providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, the Commission may-
(A) confer and hold joint hearings with State authorities;
(B) cooperate with and use the services, records, and facilities of State authorities; and
(C) make cooperative agreements with a State to enforce the economic laws and regulations of a State and the United States concerning highway transportation.
(b) When an investigation under this subtitle involving a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter I or IV of chapter 105 of this title, is about a rate, classification, rule, or practice of a State, the Commission shall notify the interested State of the proceeding before disposing of the issue.
(c) When a representative of a State authority sits with the Commission in an investigation about a carrier subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title, the representative may be given an allowance for travel and subsistence expenses. The Commission may determine the amount of the allowance.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11502(a)(1) | 49:13(3) (less 1st sentence). | Feb. 4, 1887, ch. 104, |
| 49:1006(f) (2d and 3d sentences). | Feb. 4, 1887, ch. 104, |
|
| 11502(a)(2) | 49:305(f) (less 4th sentence). | Feb. 4, 1887, ch. 104, |
| 11502(b) | 49:13(3) (1st sentence). 49:1006(f) (less 2d–last sentences). |
|
| 11502(c) | 49:13(2) (last sentence). |
In subsection (a), the words "In carrying out this subtitle" are substituted for "in the enforcement of any provision of this chapter or chapter 12 of this title" in 49:13(3) and "in the enforcement of any provision of this chapter" in 49:1006(f) for clarity and to conform to the revised title. The words "and corporations" are omitted in view of the definition of "person" in section 10102 of the revised title. The words "providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, III, or IV of chapter 105 of this title" and "providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title" are substituted for "subject to this chapter or chapter 12 of this title" in 49:13(3), "subject to this chapter" in 49:1006(f), and "under this chapter" in 49:305(f) for clarity and to conform to the revised title. The words "and to that end is authorized and empowered, under rules to be prescribed by it, and which may be modified from time to time" in 49:13(3) and "and to that end the Commission is authorized under rules to be prescribed by it" in 49:1006(f) are omitted as unnecessary in view of the restatement and section 10321 of the bill giving the Commission general authority to carry out the subtitle and prescribe regulations. The words "is also authorized to avail itself of the" are omitted as unnecessary in view of the restatement. The words "in connection with any matter arising in any proceeding under this chapter" are omitted as unnecessary in view of the restatement. The words "in the enforcement or administration of any provision of this chapter" in 49:305(f) are omitted as unnecessary in view of the restatement. The words "and safety" in 49:305(f) are omitted as being transferred to the Secretary of Transportation.
In subsection (b), the words "When an investigation under this subtitle" are substituted for "Whenever in any investigation under the provisions of this chapter, or in any investigation instituted upon petition of" for clarity. The words "providing transportation or service subject to the jurisdiction of the Commission under subchapter I or IV of chapter 105 of this title" are inserted for clarity. The words "is about a" are substituted for "shall be brought in issue" for clarity. The words "made or imposed by" are omitted as surplus. The words "disposing of" are substituted for "proceeding to hear and dispose of" for clarity and as being more inclusive.
In subsection (c), the words "subchapter . . . III of chapter 105" are used to make the subsection apply to water carriers since the words "under the provisions of this section" require that result in view of 49:13(3). The words "in cases pending before the Commission" are omitted as unnecessary in view of the restatement. The words "may be given" are substituted for "shall receive" for clarity. The words "may determine" are substituted for "shall provide" for clarity.