PART VI.

RULES OF PRACTICE CIRCULARS ISSUED AND FORMS ADOPTED

RULES OF PRACTICE BEFORE THE STATE RAILROAD COMMISSION OF COLORADO IN CASES AND PROCEEDINGS UNDER THE ACT TO REGULATE COMMON CARRIERS.

I.

Public Sessions.

The general sessions of the Commission for hearing contested cases will be held at its office on such days and at such hour as the Commission may designate.

When special sessions are held at other places, such regulations as may be necessary will be made by the Commission. Regular meetings of the Commission are held on the first and third Mondays in each month, at 10 o'clock a. m.

II.

Parties to Cases.

Any person, firm, company, corporation or association, mercantile, agricultural or manufacturing society, body politic or municipal organization, may complain to the Commission by petition, of anything done or omitted to be done, in violation of the provisions of the act to regulate common carriers, by any common carrier or carriers subject to the provisions of said act. Where a complaint relates to the rates or practices of a single carrier, no other carrier need be made a party, but if it relates to matters in which two or more carriers, engaged in transportation by continuous carriage or shipment, are interested, the several carriers participating in such carriage or shipment are proper parties defendant.

Where a complaint relates to rates or practices of carriers operating different lines, and the object of the proceedings is to secure correction of such rates or practices on each of said lines, all the carriers operating such lines must be made defendants.

Persons or carriers not parties may petition in any proceeding for leave to intervene and be heard therein. Such petition shall set forth the petitioner's interest in the proceedings. Leave granted on such application shall entitle the intervenor to appear and be treated as a party to the proceeding, but no person, not a carrier, who intervenes in behalf of the defense, shall have the right to file an answer or otherwise become a party, except to have notice of and appear at the taking of testimony, produce and cross-examine witnesses, and be heard in person or by counsel on the argument of the case.

III.

Complaints.

Complaints of unlawful acts or practices by any common carrier must be by petition, setting forth briefly the facts claimed to constitute a violation of the law. The name of the carrier or carriers complained against must be stated in full, and the address of the petitioner, with the name and address of his attorney or counsel, if any, must appear upon the petition. The complainant must furnish as many copies of the petition as there may be parties complained against to be served.

The Commission will cause a copy of the petition, with notice to satisfy or answer the same within twenty days, to be served personally or by mail, in its discretion, upon each carrier complained against.

IV.
Answers.

A carrier complained against must answer or satisfy the complaint within twenty days from the date of the notice above provided for, but the Commission may, in a particular case, require the answer to be filed within a shorter time. The time prescribed in any case may be extended, upon good cause shown, by special order of the Commission. The original answer, together with two copies thereof, must be filed with the Secretary of the Commission, and a copy thereof at the same time served, personally or by mail, upon the complainant. The answer must specifically admit or deny the material allegations of the petition, and also set forth the facts which will be relied upon to support any such denial. If a carrier complained against shall make satisfaction before answering, a written acknowledgment thereof, showing the character and extent of the satisfaction given, must be filed by the complainant, and in that case the fact and manner of satisfaction, without other matter, may be set forth in the answer. If satisfaction be made after the filing and service of an answer, such written acknowledgment must also be filed by the complainant, and a supplemental answer setting forth the fact and manner of satisfaction must be filed by the carrier.

A carrier complained against who deems the petition insufficient to show a breach of legal duty, may, instead of answering, or formally demurring, serve on the complainant notice of hearing on the petition; and in such case the facts stated in the petition will be deemed admitted. A copy of the notice, with a return of service, must be filed with the Commission.