Section 1225.245  Alternate Agent

a)         When a power of attorney is issued to an individual to act as agent, such instrument shall name an alternate agent to act in the event of the death or disability of the principal agent.

b)         On or before the date of filing of the first tariff, supplement, or loose-leaf page by the alternate agent under the authority granted in the instrument, such alternate agent shall submit to the Commission a sworn statement setting forth the facts which justify such exercise of authority.  (See Section 1225.255 for regulations governing these takeover publications.)

c)         The term "disability" as used in the instrument refers to resignation, transfer to other duties or another post, or absence other than temporary, and does not mean temporary absence of the principal caused by vacation, illness, or other similar causes.

d)         If a carrier revokes its powers of attorney to an agent or cancels an existing one replacing it with a new more limited one, providing the required 60 days' notice from date of filing with the Commission, the agent has a duty to adjust its tariffs accordingly, effective on or before the effective date of the instruments.  If it does not and the carrier directs this fact to the attention of the Commission, the Commission shall direct the alternate agent to take over in the agent's place to protect the rights of the carrier.

e)         After an alternate agent has once exercised the authority granted by the instrument, the principal agent may not thereafter act under that instrument.