Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.01.90-001 - Non-Controversial Rule Changes

Current through Register Vol. 49, No. 6, June, 2024
Rule 1.5 (a)
How addressed.
All communications should be
		  addressed to the Commission, as follows: "Arkansas State Highway Commission, P.
		  O. Box 2261, Little Rock, AR 72201."
Rule
		  2.1
Typographical Specifications.
Except as otherwise provided, all pleadings, documents, and
			 papers to be filed under these rules shall be printed or typewritten, with a
			 clear margin at the top and bottom. If typewritten, they shall be on paper 8
			 1/2 x 11 inches in size. Where exhibits may require a larger sheet, those
			 exhibits should be subject to reduction so that they may be clearly placed upon
			 paper no larger than 8 1/2 X 11 inches.
Rule 2.2
Copies.
Except when otherwise required in specific instances, there shall
			 be filed an original and nine copies of every pleading, document, or paper
			 required or permitted to be filed under these rules.
Rule 3.2
Formal Complaints;
		  Copies.
The original of each formal complaint, amended or supplemental
			 formal complaint, or cross complaint, must be accompanied by copies in
			 sufficient number to enable the Commission to serve one copy upon each
			 defendant, and retain nine copies in addition to the original.
Rule 15.5 (b)
Handling by
		  Carrier.
Every such carrier which receives a written claim for loss or
		  damage to property transported by it shall pay, decline, or make a firm
		  compromise settlement offer in writing to the claimant within 12 0 days after
		  receipt of the claim by the carrier or its agent; provided that, if for reasons
		  beyond the control of the carrier the claim cannot be processed and disposed of
		  within 120 days after the receipt thereof, the carrier shall at that time and
		  at the expiration of each succeeding 30-day period while the claim remains
		  pending, advise the claimant in writing of the status of the claim and the
		  reasons for the delay in making final disposition thereof, and send a copy of
		  such letter to the Arkansas State Highway Commission, P. 0. Box 2261, Little
		  Rock, AR 72203.
Rule 15.8
Mobile Home Carriers-Customers' Complaints to Commission.
For all
		  mobile home movers certificated by this Commission, both the Pre-move
		  Inspection Record required by Rule
		  15.7 and the customer's copy of
		  the freight bill shall contain the following language on the front side of the
		  bill or record, in bold-face type:
NOTICE TO OWNER
CLAIMS
All claims and complaints not resolved to your satisfaction
			 may be reported to the Arkansas State Highway Commission for
			 investigation.
Arkansas State Highway Commission
P. O- Box 2261
Little Rock, AR 72203
Telephone: (501) 569-2355
AMENDMENT TO RULE 11-4 - APPLICATIONS FOR TRANSFER OR LEASE
			 OF CERTIFICATE OR PERMIT
Certificates, permits, and licenses shall not be assigned,
			 transferred, or leased without prior authorization of the Commission and on
			 written application.
The application for transfer or lease must be accompanied
			 by:
(a) The name and address or
		  location of the principal office or place of business of each of the
		  applicants;
(b) A full and complete
		  financial statement giving detailed information concerning the financial
		  condition of the transferee. If the transferee is a partnership, a complete
		  financial statement giving detailed information concerning the financial
		  condition of each of the partners; if the transferee is a corporation, a copy
		  of a certificate of good standing from the Secretary of the State in which the
		  corporation is domiciled, and a financial statement of the
		  corporation;
(c) A statement
		  completely describing the authority sought to be transferred, including
		  commodities authorized to be transported and the routes authorized to be
		  served;
(d) A statement describing
		  all property to be sold, transferred or assigned, and the amount to be paid
		  therefor;
(e) A copy of all
		  contracts, agreements and other stipulations between the transferee and
		  transferor;
(f) If the transferee
		  is not a resident of this State, a written designation of a resident agent for
		  service of process.
(g) If any
		  party to the transfer of a certificate or permit is acting in a fiduciary
		  capacity, proof of his authority to so act;
(h) A statement from the State Treasurer,
		  Commissioner of Revenues or County Collector to the effect that there are no
		  outstanding and unpaid taxes of any nature;
(i) A joint affidavit that there are no
		  unpaid taxes, station rents, wages, or other indebtedness incident to the
		  vendor's operation, or if such is not the case will be assumed by the
		  vendee;
(j) Remittance of statutory
		  filing fee.
No transfer or lease of the certificate or permit, or any part
			 thereof, shall be granted by the Commission unless there has been filed with
			 the Commission a statement by the Treasurer of the State of Arkansas and/or the
			 Commissioner of Revenues, or his authorized deputy, certifying that there are
			 no delinquent taxes outstanding against the transferor or against the
			 certificate or permit sought to be transferred.
The transfer, lease, or assignment of the permit, certificate, or
			 license shall not be authorized when the Commission finds that the action will
			 be inconsistent with the public interest or will have the effect of destroying
			 competition or creating a monopoly. The transfer, lease, or assignment will not
			 be authorized where it appears that reasonably continuous service under the
			 authority or that part of the authority granted by the permit, certificate, or
			 license which is sought to be transferred has not been rendered by the current
			 holder of the permit, certificate, or license prior to the application for
			 transfer, assignment, or lease.
Prior to the sale of a business or the addition of partners by
			 any individual or business holding a certificate or permit, such change in the
			 ownership structure of the carrier shall be reported to the Commission in
			 writing. Prior to the sale of stock in a publicly traded corporation, such sale
			 shall be reported to the Commission if the sale will constitute fifty percent
			 (50%) or more of the outstanding shares or stock in the corporation in one
			 transaction or in a series of related transactions. The Commission shall review
			 the sale of the stock or the addition of a partner, or any other change in the
			 ownership structure of the business operating in intrastate commerce under a
			 certificate or permit issued by this Commission. Such documentation as is
			 necessary for a full and complete review of the change in the ownership
			 structure may be requested from the business by the Commission.
Prior to the hypothecation of a certificate or permit, or the
			 pledge of any assets of a business holding intrastate authority from this
			 Commission, a notice of the hypothecation or pledge of the assets shall be
			 filed with the Commission. The Commission will acknowledge receipt of the
			 notice of hypothecation, and may request additional documentation as is
			 necessary for a full and complete review of the pledge of the asset of the
			 certificate or permit.
NEW RULE 1.16 - CRITERIA FOR REVIEW OF
			 APPLICATIONS
In reviewing any application for a new certificate or permit, the
			 following criteria shall be used to determine whether the present or future
			 public convenience and necessity will be served by the granting of such
			 application;
(1) the ability of the
		  applicant and his sense of responsibility towards the public;
(2) the financial condition of the
		  applicant;
(3) the current level of
		  service being maintained by any carrier authorized to provide such
		  service;
(4) the stability of the
		  applicant organization and the likelihood of permanent and continuous service
		  being provided by the applicant;
(5) the effect of the proposed service upon
		  other forms of transportation;
(6)
		  the lack of service for a specific need within the area or business community;
		  and
(7) any other matters tending
		  to show the need, or lack of need, of the proposed service.
NEW RULE 11.13 - APPLICATIONS OF COMMON CARRIERS FOR
			 ARMORED CAR SERVICE; CONTENTS; APPROVAL
Applications of Common Carriers for Armored Car Service;
			 Contents; Approval.
Armored car companies making application for intrastate authority
			 may apply as common carriers, notwithstanding the fact that contracts may be or
			 have been entered into between the applicant and shippers. Armored car
			 companies are expressly allowed as common carriers to enter into an unlimited
			 number of contracts with shipping financial institutions.
Contracts entered into between armored car common carriers and
			 shippers shall be subject to review by the Commission. Review of contracts
			 shall include but not be limited to:
(1) uniformity of rates between shippers,
		  taking into consideration the location, frequency of service, and minimum
		  delivery clauses;
(2) conformity
		  with filed tariffs;
(3) duration of
		  contracts;
(4) cancellation
		  clauses, including any opportunity to cure service complaints;
(5) adequacy of service provided;
(6) any terms requiring exclusive use of the
		  armored car carrier's services. Contract provisions as to schedule of stops and
		  size of shipments will not be reviewed.
AMENDMENT TO RULE 3.15 - PROTESTS AGAINST
			 APPLICATIONS
(a) Content. A
		  protest against the granting of any application filed before the Commission
		  shall set forth specifically the grounds upon which the protestant relied and
		  shall further state concisely the interest of the protestant in the
		  proceeding.
(b) Time of Filing. Any
		  protest or intervention must be filed with the Commission on or before the 10th
		  day following the date of notice of application, pursuant to Section
		  3.14(b).
(c) Verified Statements. Verified statements
		  of the protestant and each known supporting witness shall be filed with the
		  Commission at a time set out in the written policy and procedure of the
		  Commission. The requirement of a verified statement may be waived at the
		  discretion of the Commission upon written request by the protestant. Verified
		  statements of the protestant shall contain but not be limited to the following:
I. Legal name and business address.
II. Identity and qualifications of testifying
		  witness.
III. Specific pertinent
		  conflicting authority.
IV.
		  Pertinent terminals and communications network.
V. Pertinent Equipment.
VI. Type of service offered (e.g., LTL, bulk,
		  interline, etc.).
VII. Traffic
		  subject to diversion if application is granted, including specific information
		  on attempts of the protestant to secure the business of the supporting
		  shipper.
VIII. Any other
		  information pertinent to the application.
IX. Verification and Certificate of
		  Service.
(d) Witness
		  List. A list of witnesses who will appear on behalf of the protestant shall be
		  filed with the Commission at a time set out in the written policy and procedure
		  of the Commission. Only those witnesses whose names appear on the list supplied
		  by the protestant shall be allowed to testify at the hearing before the
		  Commission; other witnesses may be allowed to testify by leave of the
		  Commission.
A list of witnesses filed by the protestant shall be exchanged
			 with the applicant at a time set out in the written policy and procedure of the
			 Commission. Failure to provide the other party or parties with a list of
			 witnesses to be called may be grounds for dismissal or postponement of the
			 case.
(e) When Rule
		  Disregarded. For good cause shown, an application may be set down for hearing
		  without awaiting the filing of a protest or a reply thereto, and may also be
		  disposed of without regard to subsection (c) of this rule unless a hearing is
		  required by the Motor Carrier Act.
AMENDMENT TO RULE 3.14 - APPLICATIONS
(a) Contents. Forms of
		  applications for certificates, permits, and transfers may be obtained from the
		  Commission upon request. An application filed with the Commission shall set
		  forth with specificity the grounds upon which the application is made, the
		  interest of the applicant and the subject matter, and the relief sought by the
		  applicant.
(b) Date of Filing. The
		  official date of filing of any application with the Commission shall be the
		  third calendar day after the date contained within the notice of filing sent to
		  the newspaper for publication and all interested parties. This date shall be
		  used for purposes of calculating all dates upon which other matters to be filed
		  as part of the application process are due.
(c) Verified Statements. The verified
		  statement of the applicant and each known supporting witness shall be filed
		  with the Commission at a time set out in the written policy and procedure of
		  the Commission. The requirement of a verified statement may be waived at the
		  discretion of the Commission upon written request by the applicant.
1. Verified statement of the applicant shall
		  contain but not be limited to the following:
I. Legal name and business address.
II. Identity and qualifications of testifying
		  witness.
III. Authority
		  sought.
IV.
(A) General scope of presently authorized
		  operations (attach copies of pertinent operating rights).
(B) Duplicating authority resulting from
		  grant of application.
(C) Dual
		  operations resulting from grant of application.
(D) Affiliation with other carriers and
		  persons affiliated with carriers (indicate pertinent MC numbers and docket
		  number of finance proceedings; identify common and contract carriers as
		  such).
V. Pertinent
		  terminal facilities and communications network.
VI. Pertinent equipment.
VII. Safety Program.
VIII. Service now provided to supporting
		  witnesses.
IX. Type of service
		  offered (e.g. LTL, bulk, multiple delivery, et cetera).
X. Financial data (current balance sheet and
		  income statement).
XI. Feasibility
		  of operation.
XII. Any other
		  information deemed pertinent.
XIII.
		  Argument (if desired).
XIV.
		  Verification.
XV. Certificate of
		  Service and list of parties names and addresses.
2. Verified statements of supporting shippers
		  shall contain but not be limited to the following:
I. Legal name and business address of
		  supporting party or firm.
II.
		  Identity and qualifications of testifying witness.
III. General description of the business of
		  the supporting shipper and its operations.
IV. The specific commodity shipped or
		  received by that business.
V. The
		  volume and frequency of traffic.
VI. The amount of traffic to be tendered to
		  the applicant, giving specific or representative origins and
		  destinations.
VII. How the traffic
		  now moves in intrastate commerce.
VIII. The type of service required from the
		  applicant (e.g., bulk, LTL, multiple delivery, etc.).
IX. The existing service available and
		  specific information on discrepancies in service from currently authorized
		  carriers.
X. Similar applications
		  supported, including pertinent docket numbers.
XI. Any other information deemed pertinent by
		  the witness.
XII. Verification and
		  Certificate of Service.
(d) Witness List. A list of witnesses to be
		  called by the applicant in support of its application shall be filed with the
		  Commission at a time set out in the written policy and procedure of the
		  Commission. Only those witnesses whose names appear on the list supplied by the
		  applicant will be allowed to testify at the hearing before the Commission;
		  other witnesses may be allowed to testify by leave of the Commission.
A list of witnesses filed by the applicant shall be exchanged
			 with the protestants at a time set out in the written policy and procedure of
			 the Commission. Failure of the applicant to provide the protestants or other
			 parties with the list of witnesses to be called may be grounds for dismissal or
			 postponement of the case.
(e) Refiling After Denial. When an
		  application for a permit or certificate has been denied in whole or in part, or
		  has been granted, and an order of the Commission granting the same has been
		  quashed or set aside, another application by the same petitioner or applicant
		  over the same route or territory will not be considered by the Commission
		  within ninety (90) days from the date of the order denying the same or the
		  judgment of the court quashing or setting aside the order.