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38.3.3302    ADOPTION OF TARIFFS UPON SALE AND TRANSFER OR LEASE

(1) Upon approval of sale and transfer, or lease, of certificate of authority from one carrier to another, currently existing tariffs and time schedules may be adopted, in whole, by the new entity. When carrier elects to adopt tariffs and time schedules of the old entity, the Commission shall be so advised in writing. Executed adoption notices, in triplicate, will be forwarded to applicant, for signature and approval. The Commission, at its discretion, may decline to approve adoption of tariffs not found to be in compliance with the rules, regulations or standards of this Chapter. The Commission may, however, for good cause, allow adoption of the old tariffs, subject to the requirement that new tariffs, complying with the provisions of this Chapter, be filed for approval, not later than 30 days after the issuance of certificate.

(2) In addition to filing the above-mentioned adoption notice, the new carrier shall file a supplement to each of the tariffs covered by the adoption notice reading as follows:

 

Effective                                                      (here insert date shown in the adoption notice) , this tariff

 

or as amended, insofar as it contains rates, rules, and or regulations applying from, to, at, or via

 

the following points                                                      (naming them) , became the tariff of the

 

                                                     corporate name of adopting carrier as per adoption notice) .

 

(3) Such supplements must contain no other matter, must bear reference to this rule, and may be issued without regard to the provision of ARM 38.3.2806.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.

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