§ 46-7-7 - Considerations determining granting of certificate generally; burden of proof; protest by other carriers; issuance if application unprotested or unopposed
               	 		
O.C.G.A.    46-7-7   (2010)
    46-7-7.    Considerations determining granting of certificate generally;  burden of proof; protest by other carriers; issuance if application  unprotested or unopposed 
      (a)  The  commission shall issue a certificate to a person authorizing  transportation as a motor common or contract carrier of passengers or  household goods subject to the jurisdiction of the commission if it  finds that the person is fit, willing, and able to provide the  transportation to be authorized by the certificate and to comply with  regulations of the commission. Fitness encompasses three factors:
      (1)  The applicant's financial ability to perform the service it seeks to provide;
      (2)  The applicant's capability and willingness to perform properly and safely the proposed service; and
      (3)  The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission.
(b)  The  initial burden of making out a prima-facie case that an applicant is  fit to provide such service rests with the applicant.
(c)  Upon  an applicant making out a prima-facie case as to the carrier's ability  to provide the service, the burden shifts to protestant to show that the  authority sought should not be granted.
(d)  A  protest of a motor carrier of passengers or of household goods to an  application will not be considered unless the protesting carrier:
      (1)  Possesses  authority from the commission to handle, in whole or in part, the  authority which is being applied for and is willing and able to provide  service and has performed service during the previous 12 month period or  has actively in good faith solicited service during such period;
      (2)  Has  pending before the commission an application previously filed with the  commission for substantially the same authority; or
      (3)  Is  granted by the commission leave to intervene upon a showing of other  interests which in the discretion of the commission would warrant such a  grant.
(e)  The commission may issue a certificate without a hearing if the application is unprotested or unopposed.