| (a) Ratemaking. A household goods carrier and/or its
household goods agent shall set maximum rates and charges for services
in its applicable tariff. The household goods carrier and/or its household
goods agent shall disclose the maximum rates and charges to prospective
shippers before transporting a shipment between two incorporated cities.
(b) Prohibited charges and allowances. A household
goods carrier and/or its household goods agent shall not charge more
than the maximum charges published in its tariff on file with the
department for services associated with transportation between two
incorporated cities.
(c) Collective ratemaking agreements.
(1) Eligibility. In accordance with Transportation
Code, §643.154, a household goods carrier and/or its household
goods agent may enter into collective ratemaking agreements between
one or more other household goods carriers or household goods agents
concerning the establishment and filing of maximum rates and charges,
classifications, rules, or procedures.
(2) Designation of collective ratemaking associations.
An approved association may be designated by a member household goods
carrier as its collective ratemaking association for the purpose of
filing a tariff containing maximum rates and charges required by §218.65
of this title (relating to Tariff Registration).
(3) Submission. In accordance with Transportation Code, §643.154,
a collective ratemaking agreement shall be filed with the department
for approval. The agreement shall include the following information:
(A) full and correct name, business address (street
and number, city, state and zip code), and phone number of the association;
(B) whether the association is a corporation or partnership;
and
(i) if a corporation, the government, state, or territory
under the laws of which the applicant was organized and received its
present charter; and
(ii) if an association or a partnership, the names
of the officers or partners and date of formation;
(C) full and correct name and business address (city
and state) of each household goods carrier on whose behalf the agreement
is filed and whether it is an association, a corporation, an individual,
or a partnership;
(D) the name, title, and mailing address of counsel,
officer, or other person to whom correspondence in regard to the agreement
should be addressed; and
(E) a copy of the constitution, bylaws, or other documents
or writings, specifying the organization's powers, duties, and procedures.
(4) Signature. The collective ratemaking agreement
shall be signed by all parties subject to the agreement or the association's
executive officer.
(5) Incomplete agreement. If the department receives
an agreement which does not comply with this subsection, the department
will send a letter to the individual submitting the agreement. The
letter shall identify the information that is missing and advise the
association that the agreement will not be processed until the information
is received.
(6) Approval. In accordance with Transportation Code, §643.154,
the director or designee will approve a collective ratemaking agreement
if the agreement provides that:
(A) all meetings are open to the public; and
(B) notice of meetings shall be sent to shippers who
are multiple users of household good carriers.
(7) Noncompliance.
(A) If the director or designee determines that an
agreement does not comply with paragraph (6) of this subsection, the
department will notify the association representative by certified
mail of:
(i) the specific reason that an agreement is not being
approved; and
(ii) the hearing date.
(B) If the association representative resubmits an
acceptable agreement which meets the requirements of paragraph (6)
of this subsection within 10 business days prior to the hearing date,
the hearing will be canceled and the agreement will be approved. The
State Office of Administrative Hearings (SOAH) shall conduct the hearing
in accordance with Chapter 206, Subchapter D of this title (relating
to Procedures in Contested Cases).
(C) If the hearing is held, the presiding officer shall
explain the reason(s) that the agreement was rejected. The association
representative will be allowed to respond to the objections and present
evidence or exhibits which relate to his or her response. The hearing
examiner, based on the evidence provided, will make a recommendation
to the board whether the agreement should be approved or resubmitted.
The association representative shall be advised of the examiner's
recommendation. The final order will be submitted to the board for
approval.
(8) New parties to an agreement. An updated agreement
shall be filed with the department as new parties are added.
(9) Amendments to approved agreements. Amendments to
approved agreements (other than as to new parties) may become effective
only after approval of the department.
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