(a) A proposed rate, classification, rule, or practice shall not be suspended unless it appears, from the specific facts shown by a verified statement of a protestant, that:
- (1) there is a substantial probability that the protestant will prevail on the merits;
- (2) without suspension, the proposed rate change will cause substantial injury to the protestant or the party represented by the protestant; and
- (3) because of the peculiar economic circumstances of the protestant, the provisions of K.A.R. 82-9-11 of these rules do not protect the protestant.
- (4) A state agency shall not suspend a proposed rail rate classification, rule or practice on its own motion.
(Authorized by K.S.A. 66-106; implementing K.S.A. 1989 Supp. 66-146; effective May 1, 1984; amended Oct. 29, 1990.)