Title 45, Public Utilities and Carriers
0 chapters · 554 sections in this title.
La. Rev. Stat. § 45:1164 Extent of power as to service; exception
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§1164. Extent of power as to service; exception A. The power, authority, and duties of the commission shall affect and include all matters and things connected with, concerning, and growing out of the service to be given or rendered by such public utility, except in the parish of…
La. Rev. Stat. § 45:1164.1 Definitions
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§1164.1. Definitions As used in this Part the singular shall include the plural in those instances wherein a public utility is owned by more than one political subdivision and/or is located in or serves more than one parish. Added by Acts 1975, No. 328, §2.
La. Rev. Stat. § 45:1164.10 Recount of ballots or contest of elections
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§1164.10. Recount of ballots or contest of elections Any elector who was qualified to vote in the election may demand a recount of the ballots or contest the election in the same manner and under the same conditions as is provided by law for the recount of ballots or contest of e…
La. Rev. Stat. § 45:1164.11 Parish board of supervisors to supervise elections; fees of board
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§1164.11. Parish board of supervisors to supervise elections; fees of board The elections provided for in this Chapter shall be supervised by the board of supervisors of elections for the parish or parishes in which the municipality or political subdivision calling the election i…
La. Rev. Stat. § 45:1164.12 Commissioners and clerks for elections
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§1164.12. Commissioners and clerks for elections The board of supervisors of the parish or parishes wherein such political subdivision is located shall appoint three commissioners and one clerk to preside over the election at each polling precinct. Each commissioner and clerk sha…
La. Rev. Stat. § 45:1164.13 Promulgation of elections results
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§1164.13. Promulgation of elections results The governing authority of the political subdivision calling the election shall promulgate the result by resolution or ordinance adopted at its first regular meeting after the election and shall publish it in the official journal of suc…
La. Rev. Stat. § 45:1164.2 Petition for election
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§1164.2. Petition for election Notwithstanding any other law to the contrary, upon the petition of not less than twenty-five percent of or seven thousand five hundred of the qualified electors residing within any municipality or other political subdivision, whichever is lesser, o…
La. Rev. Stat. § 45:1164.3 Form of petition for election
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§1164.3. Form of petition for election Any qualified elector desiring a referendum election shall sign a petition addressed to the governing authority of the municipality or other political subdivision in which he resides, or of which he is a customer, and in substantially the fo…
La. Rev. Stat. § 45:1164.4 Filing of petition with registrar of voters; publication
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§1164.4. Filing of petition with registrar of voters; publication The petition shall be filed with the registrar of voters within ninety days after the date on which the first signature was affixed. The petition, when so filed, becomes a public record and cannot be returned to th…
La. Rev. Stat. § 45:1164.5 Verification of petition by registrar; filing with governing authority
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§1164.5. Verification of petition by registrar; filing with governing authority The registrar of voters shall check the petition and attach thereto his sworn verification showing: (1) The date the petition was filed; (2) Copy of official journal showing publication of the petitio…
La. Rev. Stat. § 45:1164.6 Ordering of election after thirty days; removal of names within that time; date of election
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§1164.6. Ordering of election after thirty days; removal of names within that time; date of election The clerk of the governing authority with whom the petition is filed by the registrar of voters shall attach to the petition its sworn verification showing the date, month, and ye…
La. Rev. Stat. § 45:1164.7 Ballot; majority determination of issues
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§1164.7. Ballot; majority determination of issues When such election has been ordered the following proposition shall be plainly printed upon the ballot to be used for the election: Shall the Public Service Commission regulate the _____ (public utility) owned by _____ (the politi…
La. Rev. Stat. § 45:1164.8 Conduct of election; voting machines or ballot boxes
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§1164.8. Conduct of election; voting machines or ballot boxes The election shall be by secret ballot and shall be conducted as nearly as possible in accordance with the general election laws of the state. Where not otherwise provided by this Chapter, or by any other law, the auth…
La. Rev. Stat. § 45:1164.9 Violation of standards for petition or election; nullity of election
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§1164.9. Violation of standards for petition or election; nullity of election If the provisions of R.S. 45:1164.1-45:1164.13 are not substantially complied with, the election shall be illegal and ineffective and enjoined or declared null and void by any court of competent jurisdi…
La. Rev. Stat. § 45:1165 Railroads; powers of commission
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§1165. Railroads; powers of commission The commission shall require and compel railroad companies and corporations, operating and doing business in Louisiana, to establish stations for passengers and freight, wherever reasonably necessary and convenient; to construct and maintain…
La. Rev. Stat. § 45:1166 Telegraphs and telephones; service; power of commission; indecent telephone calls; emergency cutting, rerouting or diverting of telephone lines; solicitation calls, request not to receive; long distan
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§1166. Telegraphs and telephones; service; power of commission; indecent telephone calls; emergency cutting, rerouting or diverting of telephone lines; solicitation calls, request not to receive; long distance services A. The commission shall require and compel all persons engage…
La. Rev. Stat. § 45:1166.1 Transfer of long distance services; suits for damages
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§1166.1. Transfer of long distance services; suits for damages A. No interexchange carrier, as that term is used in 47 CFR 64.1100, and no local exchange carrier, as that term is used in Section 3(26) of the Communications Act of 1934, as amended, shall transfer a long distance s…
La. Rev. Stat. § 45:1166.2 Cramming
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§1166.2. Cramming A. For purposes of this Part, the term "cramming" shall be defined as the inclusion of any charges on a subscriber's telephone bill that the subscriber did not authorize. B. The Louisiana Public Service Commission shall adopt rules and regulations including but …
La. Rev. Stat. § 45:1166.3 Collect calls from penal institutions
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§1166.3. Collect calls from penal institutions No long-distance service provider shall charge a customer a rate for operator-assisted collect calls made from penal institutions in this state in excess of the rate charged for operator-assisted collect calls made from the municipal…
La. Rev. Stat. § 45:1167 Express; service, powers of commission
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§1167. Express; service, powers of commission The commission shall adopt reasonable and just rules, regulations and orders affecting and concerning the service furnished by all persons engaged in doing an express business in Louisiana, and their operation in this state.
La. Rev. Stat. § 45:1168 Security issues and assumptions of liability; commission's authorization necessary
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§1168. Security issues and assumptions of liability; commission's authorization necessary No public utility shall issue any security, or assume any obligation or liability as guarantor, endorser, surety, or otherwise in respect of any security of any other public utility, as defi…
La. Rev. Stat. § 45:1169 Security issues; application to commission; preference on docket
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§1169. Security issues; application to commission; preference on docket Application for authority to issue or assume securities shall be made in such form as the commission prescribes. Every application shall be made under oath and shall be signed and filed on behalf of the publi…
La. Rev. Stat. § 45:1170 Security issues; supplemental orders of commission
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§1170. Security issues; supplemental orders of commission The commission may grant any application under R.S. 45:1169 in whole or in part, and with such modifications and upon such terms and conditions as and may from time to time, after opportunity for hearing and for good cause…
La. Rev. Stat. § 45:1171 Security issues; issue or assumption for necessary purpose
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§1171. Security issues; issue or assumption for necessary purpose The commission shall not approve any issue or assumption unless, after investigation of the purposes and uses of the proposed issue and the proceeds thereof, or of the proposed assumption of obligation or liability…
La. Rev. Stat. § 45:1172 Security issues; commission's order to be followed
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§1172. Security issues; commission's order to be followed No public utility shall, without the consent of the commission, apply any security or any proceeds thereof to any purpose not specified in the commission's order, or supplemental order, or to any purpose in excess of the a…
La. Rev. Stat. § 45:1173 Security issues; evidence of compliance
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§1173. Security issues; evidence of compliance A copy of any order made and entered by the commission under R.S. 45:1168 through 45:1175, duly certified by the secretary of the commission, shall be sufficient evidence for all purposes of full and complete compliance by the public…
La. Rev. Stat. § 45:1174 Security issues; no guarantee on part of state
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§1174. Security issues; no guarantee on part of state Nothing in R.S. 45:1168 through 45:1175 shall imply any guarantee or obligation on the part of the state in respect of any securities to which the provisions of these Sections relate.
La. Rev. Stat. § 45:1175 Security issues; exceptions
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§1175. Security issues; exceptions Nothing in R.S. 45:1168 through 45:1174 shall apply to: (1) The issue or renewal of, or assumption of liability on, a note or draft maturing not more than one year after the date of the issue, renewal or assumption, and such securities may be is…
La. Rev. Stat. § 45:1176 Investigations as to reasonableness of rates; operating expenses
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§1176. Investigations as to reasonableness of rates; operating expenses The commission and any parochial or municipal body having similar powers in the fixing of just and reasonable rates charged or to be charged by public utilities, shall investigate the reasonableness and justn…
La. Rev. Stat. § 45:1177 Inspection and supervision fees; Utility and Carrier Inspection and Supervision
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§1177. Inspection and supervision fees; Utility and Carrier Inspection and Supervision Dedicated Fund Account A.(1) Each motor carrier as defined in R.S. 45:162(12) and public utility doing business in Louisiana and subject to control and jurisdiction of the commission shall pay …
La. Rev. Stat. § 45:1177.1 Repealed by Acts 2007, No
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§1177.1. Repealed by Acts 2007, No. 234, §2.
La. Rev. Stat. § 45:1178 Repealed by Acts 2007, No
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§1178. Repealed by Acts 2007, No. 234, §2.
La. Rev. Stat. § 45:1179 Inspection and supervision fee; collection; computation
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§1179. Inspection and supervision fee; collection; computation The collector of revenue shall supervise and enforce the collection of the inspection and supervision fee under the provisions of R.S. 45:1177 and 45:1178 and in assessing the annual fee, the sworn annual statements f…
La. Rev. Stat. § 45:1180 Expenses incurred to assist in investigations to be paid by carrier or utility
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§1180. Expenses incurred to assist in investigations to be paid by carrier or utility A. Whenever the commission makes an examination of the affairs of any person doing a public service or public utilities business in Louisiana concerning matters affecting services or rates charg…
La. Rev. Stat. § 45:1181 Expenses of investigation by attorneys and consultants employed to assist the commission; items; amount; certification; payment; contest
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§1181. Expenses of investigation by attorneys and consultants employed to assist the commission; items; amount; certification; payment; contest A. The commission shall employ only such engineers, consultants, attorneys or special counsel, accountants, or clerical assistants as ar…
La. Rev. Stat. § 45:1182 Expenses of investigation; failure to pay; revocation of certificate of authority to do business
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§1182. Expenses of investigation; failure to pay; revocation of certificate of authority to do business If any person fails or refuses to pay the amount of expenses of examination certified to by the commission, after fifteen days from the receipt of such certificate, or after fi…
La. Rev. Stat. § 45:1183 Expenses of investigation; utilities affected
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§1183. Expenses of investigation; utilities affected The provisions of R.S. 45:1180 through 45:1182 shall apply to all persons doing business as a public service or public utility in Louisiana, or applying for admission to do business, whose rates or services are, in whole or in …
La. Rev. Stat. § 45:1184 Witnesses before commission; summons
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§1184. Witnesses before commission; summons In all cases where witnesses are required to attend the sessions of the commission they shall be notified by a summons issued and signed by the secretary of the commission, and bearing the seal of same, and mailed to them, or which shal…
La. Rev. Stat. § 45:1185 Process of commission; form; execution
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§1185. Process of commission; form; execution Attachments for witness and all other process or orders issued by the commission shall be issued and signed by the secretary of the commission, and shall bear the seal of commission, and shall be executed and enforced by the sheriffs …
La. Rev. Stat. § 45:1186 Contempt of commission
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§1186. Contempt of commission The commission may fine and imprison in the parish where the commission may be in session at the time, any witness or other person adjudged to be in contempt of the authority of the commission, the same as in cases of contempt before the district cou…
La. Rev. Stat. § 45:1187 Process of commission; sheriff's refusal to serve or execute
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§1187. Process of commission; sheriff's refusal to serve or execute In all cases where any sheriff whose duty it is to serve or execute any notice, order, or process of any kind, issued by the commission, fails, neglects, or refuses to serve or execute the same, the commission ma…
La. Rev. Stat. § 45:1188 Process of commission; sheriff's liability for refusal to serve or execute
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§1188. Process of commission; sheriff's liability for refusal to serve or execute Any sheriff who fails or refuses to execute the notices, orders, or process of the commission, shall be subject to the same penalties, for such failure or refusal as are prescribed in the service an…
La. Rev. Stat. § 45:1189 Process of commission; sheriff's compensation
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§1189. Process of commission; sheriff's compensation Sheriffs throughout Louisiana shall receive for their services the same compensation as in the service or execution of notices, orders, or process of a similar nature in civil cases, to be paid out of the amount appropriated fo…
La. Rev. Stat. § 45:1190 Appearance before Interstate Commerce Commission
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§1190. Appearance before Interstate Commerce Commission The commission through any of its commissioners, or its secretary, or by a duly authorized attorney, shall appear before the Interstate Commerce Commission at Washington, D.C., or at any other place where the Interstate Comm…
La. Rev. Stat. § 45:1191 Commission's orders; effective date
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§1191. Commission's orders; effective date All orders of the commission, made and entered upon its records, respecting rates, charges, rules, regulations and classification, affecting any railroad, express, telephone, telegraph, steamboat, or other water craft, or sleeping car co…
La. Rev. Stat. § 45:1192 Commission's orders; judicial review; limitation; proceedings
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§1192. Commission's orders; judicial review; limitation; proceedings If any of the persons, mentioned in R.S. 45:1191, or other party in interest, shall be dissatisfied with any order entered by the commission, adopting, fixing, changing, altering, or modifying, any rate, classif…
La. Rev. Stat. § 45:1193 Contest of acts of commission; filing of transcript
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§1193. Contest of acts of commission; filing of transcript Whenever any suit is filed to contest any decision, act, rule, rate, charge, classification, or order, of the commission, the secretary of the commission shall, within fifteen days after the petition is served upon the co…
La. Rev. Stat. § 45:1194 Contest of acts of commission; evidence not offered before commission; remand to the commission
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§1194. Contest of acts of commission; evidence not offered before commission; remand to the commission Upon the trial of any suit brought to contest any decision, act, rule, rate, charge, classification, or order of the commission, no party shall be allowed to introduce evidence …
La. Rev. Stat. § 45:1195 Contest of acts of commission; effect of rescission or alteration of order
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§1195. Contest of acts of commission; effect of rescission or alteration of order If the commission rescinds the order complained of, the suit shall be dismissed; if it alters, amends or modifies the order, the altered, modified, or amended order shall take the place of the origi…
La. Rev. Stat. § 45:1196 Violation of commission's order; petition; notice; investigation
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§1196. Violation of commission's order; petition; notice; investigation Any person or body, politic or municipal, complaining of anything done or omitted to be done by any railroad, steamboat or other watercraft, sleeping car, express, telephone or telegraph company, or other per…