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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

  Chapter 622back to chapter 622

  622.420.  Application for rehearing, when granted — application, contents — compliance with order — modification of order, when. — 1.  After an order or decision has been made by the division, any carrier, corporation or person interested therein may apply for a rehearing in respect to any matter determined therein, and the division shall grant and hold such rehearing, if in its judgment sufficient reason therefor be made to appear.  If a rehearing shall be granted the same shall be determined by the division within thirty days after the same shall be finally submitted.

  2.  No cause or action arising out of any order or decision of the division shall accrue in any court to any carrier, corporation or person unless that party shall have made, before the effective date of such order or decision, application to the division for a rehearing.  Such application shall set forth specifically the ground or grounds on which the applicant considers said order or decision to be unlawful, unjust or unreasonable.  The applicant shall not in any court urge or rely on any ground not so set forth in its application for rehearing.

  3.  An application for a rehearing shall not excuse any carrier, corporation or person from complying with or obeying any order or decision or any requirement of an order or decision of the division, or operate in any manner to stay or postpone the enforcement thereof except as the division may by order direct.

  4.  If, after a rehearing and a consideration of the facts, including those arising since the making of the order or decision, the division shall be of the opinion that the original order or decision or any part thereof is in any respect unjust or unwarranted, or should be changed, the division may abrogate, change or modify the same.  An order made after any such rehearing, abrogating, changing or modifying the original order or decision shall have the same force and effect as an original order or decision but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision.

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(L. 1996 S.B. 780)


< end of effective 28 Aug 1996 >

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