4921.09 Application for certificate - notice - hearing.

4921.09 Application for certificate - notice - hearing.

An application for an original certificate of public convenience and necessity, or for an amendment of the route authorized under such a certificate in case of a regular route, shall contain a map showing the highways and public places upon and over which the motor transportation company is to operate. The applicant for a certificate, or for an amendment of the route authorized by such a certificate, when intrastate operations are proposed, shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to the day set for hearing such application, in a newspaper of general circulation published at the county seat of the county in this state in which the principal place of business of the applicant is located, or if no place of business of the applicant is located in this state, then in a newspaper of general circulation published at the county seat of Franklin county. Such published notice for a regular route shall state the fact that such application has been made, the route proposed to be operated, the number of motor vehicles to be used, the number of trips to be made daily for the transportation of persons, whether daily or other service for the transportation of property is to be furnished, and the name and address of the applicant. Such published notice for an irregular route shall state the fact that such application has been made, the location of the places of business from and to which the applicant proposes to operate, the number of motor vehicles to be used, the nature of the service to be rendered, and the name and address of the applicant. Upon application for a certificate when intrastate operations are proposed, the public utilities commission shall give written notice of the filing of such application to all like motor transportation companies operating between fixed termini or over a regular route, street railways, interurban railroads, and railroads operating in this state, and upon application for a certificate to operate over an irregular route when intrastate operations are proposed, the commission shall give additional written notice of the filing of such application to all motor transportation companies holding irregular route certificates at the same location proposed by the applicant. The commission shall, after the filing of any such application, fix a date for hearing upon it. When a date for the hearing of an application for a certificate to operate between fixed termini or over a regular route is fixed, the commission shall give the applicant, all other like motor transportation companies operating between fixed termini or over a regular route, street railways, interurban railroads, and railroads operating in this state at least ten days’ notice of such hearing. When a date for the hearing of an application for a certificate to operate over an irregular route is fixed, the commission shall give the applicant, all motor transportation companies holding irregular route certificates from and to the same location proposed by the applicant, and all motor transportation companies operating over regular routes, street railways, interurban railroads, and railroads operating in this state, at least ten days’ notice of such hearing. Such notices by the commission of applications or of hearings on applications may be given collectively or individually, and biweekly, weekly, or daily as it deems proper. The commission may permit the correction, amendment, modification, or alteration of any such application at or before the hearing on it when, in its opinion, the application and notice are in substantial compliance with the law. Otherwise, it shall direct the filing of a new application or the giving of a new notice, or both. An applicant for authority to abandon all motor vehicle operation on a regular route or any portion of a regular route shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to the day set for the hearing of such application in a newspaper of general circulation published at the county seat of each county in or through which the regular route or portion proposed to be abandoned runs or extends, which notice shall describe such regular route or portion by the highways and termini or waypoints upon and between which all motor vehicle operation is to be discontinued by such applicant.

Effective Date: 10-01-1953