Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-2 - ADDITIONAL RULES OF PRACTICE AND PROCEDURE IN TRANSPORTATION CASES › Rule 515-16-2-.02 - Applications and Petitions

Current through Rules and Regulations filed through June 27, 2024
(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.
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.