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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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