§ 39-12-4 - General powers and duties of the administrator.
SECTION 39-12-4
§ 39-12-4 General powers and duties of theadministrator. – (a) It shall be the duty of the administrator:
(1) To regulate common carriers by motor vehicle as providedin this chapter, and, to that end, the administrator may establish reasonablerequirements with respect to continuous and adequate service, uniform system ofaccounts, records and reports, and preservation of records;
(2) To regulate contract carriers by motor vehicle asprovided in this chapter, and, to that end, the administrator may establishreasonable requirements with respect to uniform system of accounts, records,and reports, and preservation of records;
(3) To administer, execute, and enforce all provisions ofthis chapter, to make all necessary orders in connection therewith, and toprescribe rules, regulations, and procedure of administration;
(4) For the purposes of the administration of the provisionsof this chapter, to inquire into the management of the business of motorcarriers and into the management of the business of persons controlling,controlled by, or under common control with, motor carriers to the extent thatthe business of the persons is related to the management of the business of oneor more motor carriers, and the administrator shall keep himself or herselfinformed as to the manner and method in which the businesses are conducted, andmay obtain from the carriers and persons the information as the administratordeems necessary to carry out the provisions of this chapter.
(5) To administer, execute and enforce all provisions ofchapter 12.1 of this title and to make all necessary orders in connectiontherewith and to prescribe rules, regulations and procedure of administration.
(b) The administrator may from time to time establish thejust and reasonable classifications of groups of carriers included in the term"common carrier," or "contract carrier," as the special nature of the serviceperformed by carrier shall require; and such just reasonable rules,regulations, and requirements, consistent with the provisions of this chapter,to be observed by the carriers so classified or grouped, as the administratordeems necessary or desirable in the public interest.
(c) Upon complaint in writing to the administrator by anyperson, organization, or body politic or upon his or her own initiative withoutcomplaint, the administrator may investigate whether any motor carrier hasfailed to comply with any provisions of this chapter, or with any requirementsestablished pursuant thereto. If the administrator, after notice and hearing,finds upon any investigation that the motor carrier has failed to comply withany provisions or requirement, the administrator shall issue an appropriateorder to compel the carrier to comply therewith. Whenever the administrator isof the opinion that any complaint does not state reasonable grounds forinvestigation and action on his or her part, he or she may dismiss thecomplaint. Whenever a formal investigation shall be made by the administrator,it shall be his or her duty to make a report in writing in respect thereto,which shall state the conclusions of the administrator, together with his orher decision, order, or requirement in the premises. All reports ofinvestigations made by the administrator shall be entered of record, and a copythereof shall be furnished to the party who may have complained and to anycommon carrier or contract carrier that may have been complained of.
(d) The copies of schedules and classifications and tariffsof rates and charges, and all agreements and arrangements between commoncarriers filed with the administrator as provided in this chapter, and thestatistics, tables, and figures contained in the annual or other reports ofcarriers filed with the administrator, as required under the provisions of thischapter, shall be preserved as public records in the custody of theadministrator, and shall be received as prima facie evidence of what theypurport to be for the purpose of investigation by the administrator and in alljudicial proceedings, and copies of and extracts from any of the schedules,classifications, tariffs, agreements, or arrangements, or reports, made publicrecords as provided in this subsection, certified by the administrator, underthe administrator's seal, shall be received in evidence with like effect as theoriginals.
(e) The administrator may establish reasonable requirementswith respect to maximum hours of service of employees and safety of operationand equipment.