77-7-45 - Hearing on application for certificate; disposition.
§ 77-7-45. Hearing on application for certificate; disposition.
(1) Upon the filing of an application for a certificate of public convenience and necessity the commission shall notify the applicant and other parties known to have a substantial interest in the application of the time and place for a public hearing, not less than twenty (20) days prior thereto, and shall hear and determine the application within a reasonable length of time. In determining whether the certificate shall be granted, the commission shall, among other things, give due consideration to the present transportation facilities over the proposed route of the applicant, the volume of traffic over the route, the financial condition of the applicant, and the condition of the highway over the proposed route, or routes.
(2) If the commission shall find the proposed operation justified, and that the applicant is fit, willing and able to perform properly the services proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission, it shall issue a certificate to the applicant, subject to terms, limitations and restrictions as the commission may deem proper, authorizing in whole or in part the operations covered by the application. If the commission shall find the proposed operation not justified, the application shall be denied.
(3) Notwithstanding any provision of this section to the contrary, the certificate as applied for may be granted without a hearing in uncontested cases; however, the commission may hear any uncontested case if it determines that the public interest will be served thereby.
Sources: Codes, 1942, §§ 7641, 7642; Laws, 1938, ch. 142; Laws, 1948, ch. 327, § 13; Laws, 1987, ch. 309, § 1; Laws, 1993, ch 561, § 5, eff from and after October 1, 1993.