Sec. 9. At the request of a carrier, coal mine operator, or other interested party, the
Indiana department of transportation, after five (5) days notice to the interested
carrier and the coal mine operators on the carrier's line and a full hearing, shall
adopt rules for the distribution by the carrier of empty coal cars to the coal mines
on the line of the carrier. The rules adopted by the department may not conflict with the provisions of section 5 of this chapter. The department shall prescribe the manner in which the cars shall be applied for,
the manner in which the capacity and output of the mines shall be ascertained, and
the manner in which empty cars shall be distributed and delivered. The department shall adopt other rules concerning the subject as are necessary to
secure a fair and equitable distribution of cars without discrimination, so that each
mine, in case of car shortage, shall be secured the maximum amount of working time
to which it is entitled, after taking into consideration the capacity and output and
the shipping orders of all the mines and the available equipment on the line for use
in their operation. If conditions are the same, the department may adopt the same rules for all carriers
having coal mines on their lines, or different rules for different lines, as the differing
conditions may require. The rules shall go into effect upon the date fixed by the department and shall be
observed by the carriers and all other persons until set aside or modified by the
department. The department may, at any time, upon application by an interested party, modify or
set aside the rules and adopt other rules as required. Any party interested in such rules may file a civil suit against the department
in any court of competent jurisdiction to set aside or annul a rule adopted by the
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