77-7-51 - Application for permit; disposition.
§ 77-7-51. Application for permit; disposition.
(1) Applications for permits shall be made to the commission in writing, shall be verified under oath, shall be in the form and contain the information as the commission may by regulation require. A permit shall be issued to any qualified applicant therefor authorizing in whole or in part, the operations covered by the application, if it appears from the applications or from any hearing held thereon, that the applicant is fit, willing, and able to perform properly the service of a contract carrier by motor vehicle, and to conform to the provisions of this chapter and the lawful requirements, rules and regulations of the commission thereunder, and that the proposed operation, to the extent authorized by the permit, will be consistent with the public interest and the policy declared in Section 77-7-3; otherwise, the application shall be denied.
(2) The commission shall specify in the permit the business of the contract carrier covered thereby, and the scope thereof, and shall attach to it, at the time of issuance, and from time to time thereafter, reasonable terms, conditions and limitations consistent with the character of the holder as a contract carrier that are necessary to carry out, with respect to the operations of the carrier, the requirements established by the commission under authority of this chapter. However, no terms, conditions or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his, or her or its equipment or facilities, within the scope of permit, as the development of the business and the demands of the public may require.
(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, § 7649; Laws, 1938, ch. 142; Laws, 1993, ch 561, § 6, eff from and after October 1, 1993.