Section 475.5 - Matters under article III to which section applicable; commission or employee delegated authority to make initial decision; extension of time period.

THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933

475.5 Matters under article III to which section applicable; commission or employee delegated authority to make initial decision; extension of time period.

Sec. 5.

(1) This section applies to all matters before the commission for which the commission has jurisdiction under article III.

(2) The commission or an employee to whom has been delegated the authority to make an initial decision in the matter related to a motor carrier:

(a) Shall, in any case in which an oral hearing is held, in which the fitness of an applicant is not at issue, complete all evidentiary proceedings related to the matter not later than 90 days following institution of the proceeding; shall issue in writing the proposal for decision not later than 120 days following institution of the proceeding; and shall, issue in writing the final decision not later than 180 days following institution of the proceeding.

(b) Shall, in any case in which an oral hearing is held, in which the fitness of the applicant is at issue, complete all evidentiary proceedings related to the matter not later than 150 days following institution of the proceeding; shall issue in writing the proposal for decision not later than 210 days following institution of the proceeding; and shall issue in writing the final decision not later than 240 days following institution of the proceeding.

(c) Shall, in the case of all other proceedings subject to this section, issue in writing the final decision not later than 60 days following institution of the proceeding.

(3) In extraordinary circumstances the commission may extend the time period established by this section. However, the total of all extensions with respect to any matter subject to this section shall not exceed 90 days.


History: Add. 1993, Act 352, Imd. Eff. Jan. 13, 1994