390.290. Application, verified, documents accompanying--determination of compliance by administrative law judge--property carrier registration restrictions, exceptions.
Application, verified, documents accompanying--determination ofcompliance by administrative law judge--property carrier registrationrestrictions, exceptions.
390.290. 1. Every application for a property carrier registrationpursuant to sections 390.250 to 390.350 shall be completed and filed in theform and manner prescribed by rule of the division, shall be verified by theapplicant under penalty of perjury and shall not be filed by the divisionuntil it has received the following:
(1) A certificate of insurance or surety bond executed by theapplicant's insurer or surety, or order of the division approvingself-insurance by the applicant, which certifies that the applicant is coveredagainst personal injury and property damage liability, except damage toproperty transported as cargo by the applicant, resulting from negligent motorvehicle operations by the applicant in this state, which is completed andfiled in the prescribed form, manner and amount and is approved by thedivision in accordance with rules of the division pursuant to section 390.126;
(2) A license fee application showing the number and type of vehiclelicenses requested by the applicant for each motor vehicle to be operated inintrastate commerce in this state under the requested property carrierregistration during the year for which the application is made, together withpayment of the aggregate license fees payable with reference to those motorvehicles, which is completed, filed and paid in the form and manner prescribedby rule of the division pursuant to section 390.136; and
(3) Information required by rule of the division relating to theapplicant's compliance and willingness to comply with any laws, rules,regulations or orders relating to registration, licensing, liability insuranceor safety, and applicable to the applicant's motor vehicles, drivers oroperations by motor vehicle, including any state or federal laws, rules,regulations or orders relating to the transportation of any hazardous materialas designated in Title 49, Code of Federal Regulations.
2. One of the division's administrative law judges shall determine onthe basis of the information filed by the applicant, evidence submitted by thedivision staff, and any other information received by the division and filedof record in the case, whether the applicant is in compliance and willing tocomply with the laws, rules, regulations and orders relating to registration,licensing, liability insurance, safety and hazardous materials, which areapplicable to the applicant's motor vehicles, drivers or operations as aregistered property carrier by motor vehicle. If the administrative law judgedetermines that the applicant is qualified, the application shall be grantedand a property carrier registration shall be issued without a hearing. If theadministrative law judge determines that the information on record concerningthe applicant's qualifications is not adequate to finally determine theapplication, the division may investigate the applicant's qualifications morethoroughly before the administrative law judge makes a final determination ofthe application. If the administrative law judge or the division staffopposes the issuance of a property carrier registration, then a hearing shallbe held, not more than twenty days after a request for hearing by theapplicant, to determine the merits of the application and whether a propertycarrier registration shall be issued. The administrative law judge shalldetermine the application not more than forty-five days after the close of thehearing, or else the application shall be approved.
3. The division shall not restrict the property carrier registrationwith reference to any specific commodities, routes or service, except that thedivision shall restrict the applicant's property carrier registration againstthe transportation of household goods, and shall further restrict against anyhazardous material as designated in Title 49, Code of Federal Regulations, ifthe division finds that the applicant has not shown it is qualified to safelytransport that hazardous material in compliance with all registration,liability insurance and safety requirements applicable to the transportationof that hazardous material pursuant to Title 49, Code of Federal Regulations.
(L. 1996 H.B. 991 § 5)CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008