§ 47-230.28. Motor carrier license required - Guidelines for granting license - Suspension and revocation - Additional powers of Commission - Application requirements - Hearing - Notice.

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 Corporation 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, to issue the license or set the application for hearing within thirty (30) days of the Commission determining that the application is complete.  Any such hearing shall be scheduled to occur on a date within an additional forty-five (45) business days of such determination.  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.

Added by Laws 1995, c. 143, § 8, eff. Nov. 1, 1995.  Amended by Laws 2004, c. 522, § 10, eff. July 1, 2004; Laws 2005, c. 418, § 3, emerg. eff. June 6, 2005.