Powers of attorney; forms; revocation

Sec. 32. POWERS OF ATTORNEY. (a) Forms. (1) The forms set forth in this rule shall be used by a contract carrier of property to give

authority to an agent to publish distance tariffs and supplements thereto or tariffs and supplements thereto naming the hazardous materials regulations

as promulgated by the Department of Transportation to govern the transportation of explosives and other dangerous articles. See Rule 2(b).

(2) Powers of attorney shall be printed or typed on paper of good quality, either 8 x 11 or 8 1/2 x 11 inches in size. Each power of attorney

shall be given a serial number which shall run consecutively for each form of instrument.

(b) Individual acting as agent. This form shall be used to authorize an individual to act as agent:

POWER OF ATTORNEY

P.S.C.I. M3 No.____

Cancels P.S.C.I. M3 No.____

____

(Name of Carrier)

____

(Post Office Address)

____, 19____

Know all men by this instrument:

____

(Name of Carrier)

By____

(See paragraph (e), Rule 5)

Attest (If a corporation):

____, Secretary.

(Corporate Seal)

Duplicate mailed to ____,

Agent.

____

____

(c) Corporation or association acting as agent. This form shall be used to authorize a corporation or association (see paragraph (g) of this

rule) to act as agent:

POWER OF ATTORNEY

P.S.C.I. M4 No.____

Cancels P.S.C.I. M4 No.____

____

(Name of Carrier)

____

(Post Office Address)

____, 19____

Know all men by this instrument:

That (Name of granting carrier–see paragraph (d) of Rule 5), a contract carrier of property by motor vehicle, does (do) hereby

make, constitute and appoint (name of agent) attorney and agent to publish and file for such carrier (Here specify affirmatively the precise authority

given to the agent; that is, either distance tariffs and supplements thereto or tariffs and supplements thereto naming rules and regulations as

promulgated by the Department of Transportation to govern the transportation of hazardous materials) as permitted or required of contract carriers

by motor vehicles under the authority of Department of Transportation issued pursuant thereto and does (do) hereby ratify and confirm all that said

attorney and agent may lawfully do by virtue of the authority herein granted and does (do) hereby assume full responsibility for the acts and failures

to act of said attorney and agent.

____

(Name of Carrier)

By____

(See paragraph (e), Rule 5)

Attest (If a corporation:

____, Secretary.

(Corporate Seal)

Duplicate mailed to ____, Agent.

(d) Full and correct carrier name to be shown. In the space for the name of the carrier in Power of Attorney Forms, there must be shown,

if the carrier is an individual, the individual name followed by the trade name, if any. If the carrier is a partnership, the correct names of all partners

must be given, followed by the trade name, if any. If the carrier is a corporation, the correct corporate name must be used. (See paragraph (e) of this

rule.) In all cases, the name of the carrier must be identical with the name as it appears in the permit issued by the Commission.

(e) Persons who may sign powers of attorney. If the carrier is an individual, the power of attorney must be signed by the individual. If a

partnership, the power of attorney must be signed individually by each partner. If the carrier is a corporation, the power of attorney must be signed

by the president or vice-president, attested by the secretary of the corporation, and the corporate seal shall be affixed.

(f) Type of publication to be specified. The power of attorney shall specify whether the agent designated therein shall publish a distance

tariff or a tariff of rules and regulations governing the transportation of explosives and other dangerous articles, or both.

(g) Agents, who may be. Agents may be natural persons, corporations, or unincorporated associations whose articles of association (or

other form of agreement) have been approved by the Commission. An officer or employee of an incorporated tariff publishing agent may not act

as agent in his individual capacity for the publication of tariffs.

(h) Revocation of powers of attorney. A power of attorney may be revoked upon not less than sixty days' notice to the Commission by filing

a notice of revocation with the Commission, serving at the same time a copy thereof on the agent in whose favor such power of attorney was

executed. Such notice shall not bear a separate serial number, but shall specify the form and number of the power of attorney to be revoked, shall

name the agent and alternate agent, if any, in whose favor the power of attorney was executed, shall specify a date upon which revocation is to

become effective, which must not be less than sixty days subsequent to the date of its receipt by the Commission and shall be executed in the

following manner on paper of good quality, size either 8 x 11 inches or 8 1/2 x 11 inches:

REVOCATION NOTICE

____

(Name of Carrier)

____

(Post Office Address)

____, 19____

Know all men by this instrument:

Effective ____, 19____, power of attorney P.S.C.I. M.____ No.____ issued by ____

(Name of Carrier)

in favor of ____

(Name of agent and of alternate, in any)

____

(Name of Carrier)

By____

(See paragraph (d) and (e) of Rule 5)

Attest (If a Corporation):

____, Secretary.

(Corporate Seal)

Duplicate mailed to____,

Agent.

(Name of Agent)

____

(Address)

____

(Date)