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§47-230.28.
§47-230.28.
A. It shall be unlawful for any motor carrier to operate or furnish
service within this state without first having obtained from the
Commission a license declaring that all insurance requirements have
been met and that the carrier will operate within all existing rules
and state laws pertaining to safety standards, size and weight
requirements and, when applicable, lawful handling and disposal of
hazardous materials and deleterious substances, and will operate in
such a manner as to ensure there will be no detrimental environmental
impact. It shall also be unlawful for any private carrier to operate
or furnish service within this state without first having obtained
from the Commission a license declaring that all insurance
requirements have been met and that the carrier will operate within
all existing rules and state laws pertaining to safety standards, size
and weight requirements and, when applicable, lawful handling and
disposal of hazardous materials and deleterious substances, and will
operate in such a manner as to ensure there will be no detrimental
environmental impact. The Commission shall have power, and it shall be
its duty after public hearing, to issue the license as prayed for, or
to refuse to issue the license within thirty (30) days of final
hearing. The mere filing of an application does not authorize any
person to operate as a carrier.
B. In granting applications for licenses, the Commission shall take
into consideration the reliability of the applicant; the proper
equipment meeting minimum safety criteria as adequate to perform the
service; and the applicant's sense of responsibility toward the public
and the environment.
C. The Commission may, at any time after a public hearing and for good
cause, suspend or revoke any license. Provided, the record owner of
the license shall be entitled to have ten (10) days' written notice by
certified mail from the Commission of any hearing affecting the
license, except as otherwise provided in the Motor Carrier Act of
1995. The right of appeal from such order or orders shall be given as
in other cases appealed from orders of the Commission.
D. The Commission shall be authorized to exercise any additional power
that may from time to time be conferred upon the state by any Act of
Congress. The Commission shall adopt rules prescribing the manner and
form in which motor carriers and private carriers shall apply for
licenses required by the Motor Carrier Act of 1995. Among other rules
adopted, the application shall be in writing and shall set forth the
following facts:
1. The name and address of the applicant and the names and addresses
of its officers, if any;
2. Full information concerning the physical properties of the
applicant; and
3. Such other information as the Commission may consider pertinent to
the application.
E. 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 the
application.
F. 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 licenses to operate as a 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; and
3. Such other information as the Commission may consider pertinent to
such notice.
G. 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 the fee deposit the
same in the State Treasury to the credit of the General Revenue Fund.
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