West Virginia Code § 24-2-4d

Procedures for intrastate rail carrier rate-making and compliants
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Inasmuch as the commission retains authority over intrastate rail rates and complaints
pursuant to 49 United States Code §11501 and other federal law, and inasmuch as the
commission's procedures are subject to periodic review and certification by the interstate
commerce commission for compliance with federal standards, the general rate-making
procedures set forth in section four-a, article two, chapter twenty-four of thies code, shall not
be applied to intrastate railroad rates. The commission shall promulgate its rules and
regulations for the government of intrastate rail rates. Such rules shallr contain notice
requirements, grounds for rate suspension and the permitted suspension period, procedures
for protest, standards for determining market dominance and rate reasonableness, burdens
of proof, refund provisions, contract rate procedures and trackage rights. These rules shall
also contain procedures for complaints and filing of contractt rates. All final orders of the
commission concerning intrastate rail rates shall be appealable to the interstate commerce
commission in conformance with federally established standards of review.

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