Section 1225.250  Transfer of Authority from One Agent to Another Agent − Death or Disability of Agent

a)         When an agent takes over another agent (including a change of name of a corporation acting as an agent), superseding the former agent as to all the former agent's effective tariffs, the transfer shall be accomplished by each carrier executing a new power of attorney naming the new agent (and alternate when the new agent is an individual) thereafter to serve, and specifically canceling the previous power of attorney.  (See Section 1225.255 for regulations governing these take-over publications.)

b)         When a power of attorney has been issued to an individual and an alternate, and the death or disability of either the principal or alternate agent occurs, new powers of attorney canceling the previously effective powers of attorney and naming the agent (and alternate when the new agent is an individual) thereafter to serve shall be filed within 180 days from the date of death or disability.  (See Section 1225.255 for regulations governing take-over publications.)

c)         The new powers of attorney filed pursuant to this Section shall bear no effective date.  The originals thereof shall not be sent directly to the Commission, but shall be forwarded to the principal agent named therein. After all the necessary instruments shall have been secured, the principal agent shall file the originals with the Commission all at one time.  Such powers of attorney will become effective upon the date they are received by the Commission, regardless of any other date which may have inadvertently been shown thereon.

d)         If, during the period in which the alternate agent is functioning in place of the former principal agent, new participating carriers are to be added to the tariffs, the powers of attorney from such carriers must name the present alternate agent as principal agent together with a new alternate agent.  When the permanent take over is made by a new agent (which may be the former alternate agent), such powers of attorney must be replaced by new ones meeting the requirements of this Section.

e)         If upon the death or disability of the principal agent it is found that the alternate agent named in the powers of attorney cannot or will not (by refusal or neglect) take over the tariffs, the carriers have the responsibility to seek a new agent and delete the old rates under the previous agent.  If no take-over by a new agent acting for the participants is arranged within 90 days of the Commission's being advised of the existence of the situation, the Commission shall strike the tariffs from the files of the Commission only when carriers are unable to effect the changes on their own.  If the tariffs are stricken, the carriers will be free to publish their rates elsewhere.