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O.C.G.A. § 46-8-22 — Investigation by commission of books and papers of railroad companies; inspection of railroad offices and stations; examination of railroad's agents and employees; rules and regulations concerning investigations and inspections | Georgia Code

O.C.G.A. § 46-8-22 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 8. Railroad Companies, 46-8-1 through 46-8-382.

ARTICLE 2 POWERS AND DUTIES OF COMMISSION AS TO RAILROAD COMPANIES GENERALLY

46-8-22. Investigation by commission of books and papers of railroad companies; inspection of railroad offices and stations; examination of railroad's agents and employees; rules and regulations concerning investigations and inspections.

It shall be the duty of the commission to investigate the books and papers of all railroad companies doing business in this state in order to ascertain if the rules and regulations of the commission have been complied with, to make personal visitation to railroad offices, stations, and other places of business for the purpose of examinations, and to make rules and regulations concerning such examinations, which rules and regulations shall be observed and obeyed as the other rules and regulations of the commission.
The commission shall have full power and authority to examine any person, including agents and employees of railroad companies, under oath or otherwise, in order to procure the information necessary to make just and reasonable freight and passenger rates and to ascertain whether rules and regulations of the commission are observed or violated. The commission shall have the power to make necessary and proper rules and regulations concerning such examinations, which rules and regulations shall be obeyed and enforced as all other rules and regulations of the commission.

(Ga. L. 1878-79, p. 125, § 7; Code 1882, § 719; Civil Code 1895, § 2192; Civil Code 1910, § 2633; Code 1933, § 93-301.)

JUDICIAL DECISIONS

No authority for commission to order utility to pay damages to customer.

- There is no statutory provision which grants to commission any authority to order public utility to pay damages to a customer. The only power to make a rule that relates to the payment of money is the power given to the commission to prescribe rules and regulations, penalties under which are to be paid by railroads, to adjust overcharges, losses, or for failure to promptly receive, carry, and deliver freight, or to furnish cars. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

Cited in Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

RESEARCH REFERENCES

ALR.

- Constitutionality and construction of statute imposing upon public service corporation expense of investigation of its affairs, 101 A.L.R. 197.

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