706.431 - Conditions for issuance or denial of permit; approval of contract entered into after issuance of permit.

706.431  Conditions for issuance or denial of permit; approval of contract entered into after issuance of permit.

      1.  A permit may be issued to any applicant therefor, authorizing in whole or in part the operation covered by the application, if it appears from the application or from any hearing held thereon that:

      (a) The applicant is fit, willing and able properly to perform the service of a contract motor carrier and to conform to all provisions of NRS 706.011 to 706.791, inclusive, and the regulations adopted thereunder; and

      (b) The proposed operation will be consistent with the public interest and will not operate to defeat the legislative policy set forth in NRS 706.151.

      2.  If the Authority proceeds with a hearing on an application for a permit, the Authority shall fix a time and place for the hearing.

      3.  The Authority may dispense with the hearing, if any, on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the permit.

      4.  An application must be denied if the provisions of subsection 1 are not met.

      5.  The Authority shall revoke or suspend pursuant to the provisions of this chapter the permit of a contract motor carrier who has failed to file the annual report required in NRS 706.167 within 60 days after the report is due.

      6.  The Authority shall adopt regulations providing for a procedure by which any contract entered into by a contract motor carrier after the contract motor carrier has been issued a permit pursuant to this section may be approved by the Authority without giving notice required by statute or by a regulation of the Authority.

      (Added to NRS by 1971, 702; A 1979, 192; 1985, 1079; 1987, 1355; 1997, 1942; 2009, 632)

      NRS 706.436  Effect of denial of permit.  Any person who has been denied a permit to act as a contract motor carrier after hearing may not file a similar application with the Authority covering the same type of service and over the same route or routes or in the same territory for which the permit was denied except after the expiration of 180 days after the date the permit was denied.

      (Added to NRS by 1971, 702; A 1997, 1943)