4923.09 Death of operator - dissolution of partnership - transfer of permit.
4923.09 Death of operator - dissolution of partnership - transfer of permit.
Upon the death of a person operating as a private motor carrier under a permit, his personal representatives may operate under such permit while the same remains in force and, with the consent of the public utilities commission, may transfer such permit. Upon the dissolution of a partnership operating as a private motor carrier under a permit, caused by death or otherwise, if the surviving or remaining partners acquire the assets of the partnership the partners so acquiring such assets may continue to operate under such permit while it remains in force and, with the consent of the commission, may transfer such permit. Where such dissolution is caused by death, if the surviving partners do not acquire the assets of the partnership, then such surviving partners and the personal representative of the deceased partner may transfer such permit with the consent of the commission. A receiver or trustee of a private motor carrier appointed by any court of competent jurisdiction may operate under any permit held by such private motor carrier while such permit remains in force and, with the consent of the commission, may transfer such permit. In all other cases, a permit may be transferred with the consent of the commission after a public hearing, unless the commission in its discretion deems such hearing unnecessary and the best interests of the public and others concerned require that any application to transfer a permit be granted or rejected without such hearing. Applications for the transfer of permits under this section shall be in writing and shall be in such form as the commission requires. The applicant shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to hearing or granting such application, in a newspaper of general circulation published in the county in which is located the principal place of business of the applicant, or in a newspaper of general circulation published at the county seat of Franklin county when no principal place of business of the applicant is located in this state. The commission shall give such applicant or any others who may have become parties in such proceedings at least ten days’ written notice of the time and place of such hearing. If the proposed transferee of any such permit is already the holder of a permit under sections 4923.02 to 4923.17, inclusive, of the Revised Code, and the commission is of the opinion that such transfer should be approved, it shall designate the number under which such operation shall continue and shall cancel the other number.
Effective Date: 10-25-1961