Rule 515-16-2-.02 - Applications and Petitions(1) All applications and petitions for Interim Certificates will be filed in such form as prescribed by the Commission. All applications must be accompanied by a current financial statement and an affidavit executed by an officer of the applicant corporation (if a corporation), applicant's owner (if a proprietorship), or a partner (if applicant is a partnership), containing information describing the number and types of vehicles being used. All applicants must meet a minimum net worth requirement, the dollar amount of which may be set from time to time by Commission Order. All applications will contain an affirmation by applicant of the applicant's familiarity with the Commission's rules and regulations and willingness to take and pass a written test thereon or to attend one monthly training course per year on such rules and regulations.(2) All applicants submitting applications for passenger certificates or permits shall submit with, or as part of, each application filed with the Commission, a consent form to a criminal background check being performed on such applicant(s) and corporate officer(s).(3) In proceedings involving applications for Interim Certificates, thirty (30) days' notice will be given. Publication of notice of assignment of hearing in the Fulton County Daily Report and posting a copy of the Transportation Division notice of assignment of hearing on the Commission's website at http://www.psc.state.ga.us will constitute notice.(4) After notice has been posted for a period of ten (10) days if no protests have been received, the Commission will place application on the next Transportation Committee Agenda for consideration. If the Commission finds that application is in order at the Transportation Committee meeting, the application will be placed on the Administrative Session Agenda for approval to issue a twelve (12) month interim certificate.(5) If application is protested, the respective parties must present oral testimony at the scheduled hearing. Copies of the application and supporting documents must be served upon the opposite party, his counsel or agent having control of the case not less than 5 days prior to the date matter has been assigned for hearing.(6) Any motor carrier or motor carrier representative desiring to appear before the Commission at public hearing in opposition to an application seeking an interim certificate or amendment to existing certificate, need not file a formal petition for such appearance, but may become a party protestant at the public hearing provided he has notified the applicant and the Commission of his intention to appear at the hearing to protest the application. Such notification and request shall be made by letter or fax so as to reach applicant and the Commission at least fifteen (15) days prior to the assigned hearing date. No person who fails to so notify the applicant and the Commission as provided for above will be permitted to intervene in such a proceeding before the Commission except upon a showing of substantial reasons submitted in writing to the Commission prior to the hearing. Nothing in this rule shall be construed to deny any member of the general public the right to appear at public hearing to protest such application, and the Commission reserves the right, in its discretion, to waive the provisions of this portion of the rule.(7) After applicant and protestant have presented all evidence and testimony at the public hearing, the Commission will take the matter under advisement and render a decision accordingly in the matter. If the Commission issues a favorable decision, a twelve (12) month interim certificate will be issued.(8) Prior to the end of the twelve (12) month period, the Commission staff will review the carrier's records to determine the actual area being served, whether the applicant has complied with Commission rules and regulations, whether applicant has undergone the Commission's training program for books, record-keeping and compliance, and whether any complaints have been received. At that time the findings would be brought before the Commission for approval or denial of permanent certificate.Ga. Comp. R. & Regs. R. 515-16-2-.02
Authority O.C.G.A. Secs. 46-7-4, 46-7-6 to 46-7-9, 46-7-11, 46-7-15.1, 46-7-85.4.
Original Rule entitled "Applications and Petitions" adopted. F. June 10, 2008; eff. June 30, 2008.