Rule 570-38-2-.07 - Protest to an Application(1) An application under this Subchapter may be protested under the following conditions: (a) The protest must be in writing and comply with the requirements of O.C.G.A. § 40-1-106 and 40-1-110.(b) The protest must be received by the Department within ten days of the pending application being posted on the Department's website.(c) A protest of an application for a certificate as a passenger motor carrier or household goods motor carrier will not be considered unless the protest is filed by a motor carrier which is qualified for consideration under O.C.G.A. § 40-1-106(d).(2) If an application is protested in a manner complying with paragraph (1) of this Rule, the Commissioner shall set the application for a hearing and shall notify the applicant and any protestors of the date, time, place, manner, and other relevant details regarding the hearing. The Commissioner shall have the authority to continue or reset the date, time, location, and manner of the hearing at his discretion. In no event shall a hearing take place more than 90 days after the filing of a protest in accordance with paragraph (1) of this rule.(3) The burdens of proof at a hearing scheduled in accordance with this Rule shall be as set forth in O.C.G.A. § 40-1-106. The Commissioner need not, but may, issue an oral decision at the hearing with respect to the application in question. In any event when a hearing is held, the Commissioner shall issue a written decision with respect to the application in question within 30 days of the date of the hearing. The decision shall be served upon the applicant and protestant(s).(4) A protest to an application may be withdrawn at any time prior to the hearing on a protested application. In the event a protest is withdrawn and an application is no longer protested, no hearing is required with respect to that application, and it may be granted or denied in accordance with Rules 570-38-2-.06 and 570-38-2-.09.Ga. Comp. R. & Regs. R. 570-38-2-.07
O.C.G.A. §§ 40-1-101; 40-1-106; 40-1-110.
Original Rule entitled "Protest to an Application" adopted. F. Apr. 21, 2020; eff. May 11, 2020.