66-1,114. Public motor carriers certificates of convenience and necessity; to transport household goods or passengers; procedure to obtain; basis for issuance.
66-1,114
66-1,114. Public motor carriers certificates ofconvenience and necessity;to transport household goods or passengers; procedure toobtain; basis for issuance.(a) Except as hereinafter provided, it shall be unlawful for any publicmotor carrier to operate as a carrier of household goods or passengersin intrastate commerce within thisstate without first having obtained from the commission acertificate of convenience and necessity to transport household goods orpassengers.Thecommission, upon the filing of an application for a certificate, shall fix atime and place for hearing thereon, which shall be not less than 20 and notmore than 60 days after the filing and shall be conducted in accordance withthe provisions of the Kansas administrative procedure act. Notices of hearingsshall be published electronically on the commission's web site within threedaysofthe filing of the application. Any person may offer testimony at suchhearing.
(b) If the commission finds that the proposed serviceor any part thereofis proposed to be performed by the applicant, that theapplicant is fit,willing and able to perform such service, and that the applicant is incompliance with the commission's safety rules and regulations, liability andcargo insurance requirements and other applicable state laws, thecommission shall issue the certificate of convenience and necessity totransport household goods and passengers, except that if the commissionfinds that the proposed service is inconsistent withthe public convenience and necessity, the commission shall not issue thecertificate.
(c) Within 12 months of the issuance to a public motor carrier of acertificate of convenience and necessity to transport household goods orpassengers, the commission shall verify that such public motor carriercontinues to be fit, knowledgeable and in compliance with the commission'ssafety rules and regulations, liability and cargo insurance requirements andother applicable state laws.
History: L. 1931, ch. 236, § 7; L. 1970, ch. 269, § 1; L.1973, ch. 260, § 1; L. 1974, ch. 264, § 1; L. 1981, ch. 259, §1; L. 1982, ch. 275, § 3; L. 1983, ch. 223, § 2;L. 1988, ch. 356, § 236;L. 1995, ch. 98, § 7;L. 2000, ch. 78, § 6;L. 2003, ch. 124, § 19; July 1.