§ 62-262. Applications and hearings other than for bus companies.
§ 62‑262. Applications and hearings other than for bus companies.
(a) Except as otherwise provided in G.S. 62‑260[,] G.S. 62‑262.1and 62‑265, no person shall engage in the transportation of passengers orhousehold goods in intrastate commerce unless such person shall have applied toand obtained from the Commission a certificate authorizing such operations, andit shall be unlawful for any person knowingly or wilfully to operate inintrastate commerce in any manner contrary to the provisions of this Article,or of the rules and regulations of the Commission. No certificate shall beamended so as to enlarge or in any manner extend the scope of operations of amotor carrier without complying with the provisions of this section.
(b) Upon the filing of an application for a certificate, theCommission shall, within a reasonable time, fix a time and place for hearingsuch application. The Commission shall from time to time prepare a truckcalendar containing notice of such hearings, a copy of which shall be mailed tothe applicant and to any other persons desiring it, upon payment of charges tobe fixed by the Commission. The notice or calendar herein required shall bemailed at least 20 days prior to the date fixed for the hearing, but thefailure of any person, other than applicant, to receive such notice or calendarshall not, for that reason, invalidate the action of the Commission in grantingor denying the application.
(c) The Commission may, in its discretion, except where aregular calendar providing notice is issued, require the applicant to givenotice of the time and place of such hearing together with a brief descriptionof the purpose of said hearing and the exact route or routes and authorityapplied for, to be published not less than once each week for two successiveweeks in one or more newspapers of general circulation in the territoryproposed to be served. The Commission may in its discretion require theapplicant to give such other and further notice in the form and mannerprescribed by the Commission to the end that all interested parties and thegeneral public may have full knowledge of such hearing and its purpose. If theCommission requires the applicant to give notice by publication, then a copy ofsuch notice shall be immediately mailed by the applicant to the Commission, andupon receipt of same the chief clerk shall cause the copy of notice to beentered in the Commission's docket of pending proceedings. The applicant shall,prior to any hearing upon his application, be required to satisfy theCommission that such notice by publication has been duly made, and in additionto any other fees or costs required to be paid by the applicant, the applicantshall pay into the office of the Commission the cost of the notices hereinrequired to be mailed by the Commission.
(d) Any motor carrier desiring to protest the granting of anapplication for a certificate, in whole, or in part, may become a party to suchproceedings by filing with the Commission, not less than 10 days prior to thedate fixed for the hearing, unless the time be extended by order of theCommission, its protest in writing under oath, containing a general statementof the grounds for such protest and the manner in which the protestant will beadversely affected by the granting of the application in whole or in part. Suchprotestant may also set forth in his protest its proposal, if any, to rendereither alone or in conjunction with other motor carriers, the service proposedby the applicant, either in whole or in part. Upon the filing of such protestit shall be the duty of the protestant to file three copies with theCommission, and the protestant shall certify that a copy of said protest hasbeen delivered or mailed to the applicant or applicant's attorney. When noprotest is filed with the Commission within the time herein limited, or asextended by order of the Commission, the Commission may proceed to decide theapplication on the basis of testimony taken at a hearing, or on the basis ofinformation contained in the application and sworn affidavits, and make thenecessary findings of fact and issue or decline to issue the certificateapplied for without further notice. Persons other than motor carriers shallhave the right to appear before the Commission and give evidence in favor of oragainst the granting of any application and with permission of the Commissionmay be accorded the right to examine and cross‑examine witnesses.
(e) The burden of proof shall be upon the applicant for acertificate to show to the satisfaction of the Commission:
(1) That public convenience and necessity require the proposedservice in addition to existing authorized transportation service, and
(2) That the applicant is fit, willing and able to properlyperform the proposed service, and
(3) That the applicant is solvent and financially able tofurnish adequate service on a continuing basis.
(f) to (h) Repealed by Session Laws 1985, c. 676, s. 19.
(i), (j) Repealed by Session Laws 1995, c. 523, s. 18.
(k) The Commission shall by general order, or rule, havingregard for the public convenience and necessity, provide for the abandonment orpermanent or temporary discontinuance of transportation service previouslyauthorized in a certificate.
(l) The provisions of this section shall not be applicable toapplications for certificates of authority by bus companies or relatedhearings. (1947, c. 1008, s.11; 1949, c. 1132, s. 10; 1953, c. 825, s. 3; 1957, c. 1152, ss. 8, 9; 1959, c.639, s. 11; 1963, c. 1165, s. 1; 1965, c. 214; 1981, c. 193, s. 4; 1985, c.676, s. 19; 1995, c. 523, s. 18.)