§47-166.

§47-166.
   
   A. It is hereby declared unlawful for any common carrier of household
   goods or used emigrant movables by motor vehicle to operate or furnish
   service within this state without having obtained from the Commission
   a certificate declaring that public convenience and necessity require
   such operation, or for any contract carrier of household goods or used
   emigrant movables by motor vehicle to operate or furnish service
   within the state without having obtained a permit from the Commission
   declaring the operation shall be consistent with the public interest.
   The Commission shall have power, and it shall be its duty after public
   hearing, to issue said certificate or permit as prayed for, or to
   refuse to issue the same, or to issue it for the partial exercise only
   of said privilege sought within sixty (60) days of final hearing, and
   may attach to the exercise of the rights granted by such certificate
   or permit such terms and conditions as in its judgment the public
   convenience and necessity or public interest may require; provided
   that in all such cases it will be presumed, in the absence of
   competent evidence to the contrary, that intrastate common carriers
   operating under existing certificates are rendering adequate service
   between the points or within the areas authorized to be served by
   them, and the applicant has the burden of proof to show otherwise; and
   provided further, that the mere filing of an application does not
   authorize any person to operate as a motor carrier.
   
   B. In granting applications for certification or permits the
   Commission shall take into consideration the reliability and financial
   condition of the applicant and his sense of responsibility toward the
   public; the transportation service being maintained by presently
   existing motor carriers; and any other matters tending to show the
   need or lack of necessity for granting said application. No permit for
   any contract carrier by motor vehicle shall be issued without the
   applicant proving by competent evidence that the transport service
   proposed under the contract is not such that it could be reasonably
   furnished by existing carriers, and further, that such permit would
   not jeopardize the existing common carrier service.
   
   Provided, however, that in no instance shall a contract carrier of
   household goods or used emigrant movables by motor vehicle be
   authorized to serve more than six contracting shippers at any one
   time; provided further that such contracts are to be filed and
   approved by the Commission before the operation thereunder.
   
   C. No common motor carrier shall transport property as a contract
   carrier in the same truck, at the same time that he is transporting
   property as a common motor carrier. No common motor carrier shall
   transport any property as a contract carrier which property the
   carrier is authorized to so transport as a common carrier. No contract
   motor carrier shall transport property as a common carrier in the same
   truck at the same time that the contract carrier is transporting
   property as a contract carrier.
   
   D. In the event a person who has once been issued a certificate or
   permit files an application for additional authority with the
   Commission, each application shall be identified by consecutive
   subnumbers and if the application is granted, the additional authority
   shall be incorporated under the original certificate or permit of the
   person and identified by the applicable subnumbers. The Commission may
   at any time after a public hearing and for good cause, suspend, alter,
   amend or revoke any such certificate or permit. Provided that the
   record owner of the certificate or permit shall be entitled to have
   ten (10) days' written notice by certified mail from the Commission of
   any hearing affecting the certificate or permit, except as hereinafter
   provided in Section 169 of this title. The right of appeal from the
   order or orders shall be given as in other cases appealed from orders
   of the Commission.
   
   E. No intrastate carrier shall discontinue any service authorized by
   permit or certificate under the provisions of this act, without
   written authority from the Commission. Any carrier to whom a permit or
   certificate has been issued under the provisions of this act, desiring
   to discontinue such service, shall apply to the Commission in writing
   for privilege to so discontinue such service, and give notice in
   writing in such manner as directed by the Commission, for a period of
   not less than thirty (30) days prior to the hearing thereof, to the
   public and all parties interested. Upon the filing of such application
   for discontinuance, the Commission shall direct the type of service or
   notice to be given for a period of not less than thirty (30) days, and
   fix the date of hearing thereof, at which hearing the Commission shall
   hear evidence and issue its order granting or refusing such
   application, as the facts developed may justify.
   
   F. Permits or certificates shall not be assigned or transferred, in
   any manner, without authority of the Commission and on written
   application and public hearing; the transfer of the permits or
   certificates shall not be authorized when the Commission finds such
   action will be inconsistent with the public interest, or will have the
   effect of destroying competition or creating a monopoly, nor where it
   appears that reasonable continuous service under the authority which
   is sought to be transferred has not been rendered for one hundred
   eighty (180) days prior to the application for transfer or assignment.
   All applications for transfer must be made on proper forms prescribed
   by the Commission.
   
   G. Motor carriers must operate and furnish service in strict
   conformity with the current existing terms and provisions of their
   respective certificates or permits. Provided, that it shall not be
   necessary for any interstate carrier, in order to obtain a permit, as
   herein provided, to make any showing of public need, except as to the
   transportation of passengers or freight between points within the
   state, the power to regulate such operation being specifically
   reserved herein; and provided further, the Commission shall exercise
   any additional power that may from time to time be conferred upon the
   state by any Act of Congress.
   
   H. The Commission shall adopt rules prescribing the manner and form in
   which motor carriers shall apply for certificates or permits required
   by this section. Among other rules adopted, the application shall be
   in writing and shall contain:
   
   1. The name and address of the applicant and the names and addresses
   of its officers, if any;
   
   2. Full information concerning the financial conditions and physical
   properties of the applicant;
   
   3. The complete route, or routes, over which, or the area within which
   the applicant desires to operate; and
   
   4. A schedule or tariff showing the freight rates to be charged
   between the several points or localities to be served.
   
   I. Upon filing of the application, the Commission shall, in its
   discretion, fix the time and place for the hearing of the same, which
   shall not be more than forty-five (45) days after the filing of said
   application.
   
   J. In order for the public and all interested parties to receive
   proper notice, in addition to any notice the Commission may prescribe,
   the Commission shall circulate, on its own docket form, notice of all
   applications for, or transfers of, certificates or permits to operate
   as a motor carrier which have been filed and are pending. The notice
   shall be published at least fifteen (15) days prior to the date of
   hearing and shall show:
   
   1. The time and place of the hearing;
   
   2. The name and address of the applicant;
   
   3. The route or territory involved; and
   
   4. Such other information as the Commission may consider pertinent to
   the notice.
   
   K. Upon written annual request and payment of an annual fee to the
   Commission, the publication shall immediately be furnished by mail to
   any person by the Commission. The fee shall be set by the Commission
   at reasonable cost and shall not exceed the actual expense of
   publication. The Commission shall upon receipt of any fee deposit the
   same in the State Treasury to the credit of the General Revenue Fund.