56-539 - Certificate of authority.
§ 56-539. Certificate of authority.
Any person may apply to the Commission for a certificate of authority toconstruct or operate a roadway, or to extend or enlarge a roadway for which acertificate has been issued under this chapter. If the Commission determinesin writing, after notice and opportunity for a hearing, that the applicationis complete, that approval of the application is in the public interest, andthat the applicant has complied with the provisions of this chapter, it shallapprove the application, with or without modification, unless it receives aduly adopted resolution of the governing body of any jurisdiction throughwhich the roadway passes, which requests that the Commission deny theapplication, in which case the Commission shall do so. If the application isapproved the operator shall construct the roadway. Upon completion ofconstruction and the opening of the roadway to the public, the roadway shallbe kept at all times open for use by the public and made accessible to thepublic, upon payment of the toll established by the operator; provided thatthe roadway may be partially or completely closed, temporarily, with theconcurrence of the Department, to protect the public safety or for reasonableconstruction or maintenance procedures. The certificate of authority may betransferred with the approval of the Commission if the Commission finds thetransfer to be in the public interest after consultation with the Board andnotice to the governing body of any jurisdiction through which the roadwaypasses.
(1988, c. 649; 1991, c. 272.)