§ 23-13-220 - Certificate of public convenience and necessity -- Issuance -- Notice and hearing.
23-13-220. Certificate of public convenience and necessity -- Issuance -- Notice and hearing.
(a) (1) Subject to the provisions of this subchapter, a certificate of public convenience and necessity shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application if it is found that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this subchapter and the requirements, rules, and regulations of the Arkansas Transportation Commission [abolished] thereunder, and that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise the application shall be denied. The burden of proof shall be upon the applicant.
(2) However, no such certificate shall be issued to any common carrier of passengers by motor vehicle for operations over other than regular routes, and between fixed termini, except as the carrier may be authorized to engage in special or charter operations.
(b) No certificate shall be issued by the commission except upon a hearing held at least twenty (20) days after the service of notice to interested parties of its time and place.
(c) In granting applications for certificates, the commission shall take into consideration:
(1) The reliability and financial condition of the applicant and his or her sense of responsibility toward the public;
(2) The transportation service being maintained by any railroad, street railway, or motor carrier;
(3) The likelihood of the proposed service being permanent and continuous throughout twelve (12) months of the year;
(4) The effect which such proposed transportation service may have upon other forms of transportation service; and
(5) Any other matters tending to show the necessity or want of necessity for granting the application.