001.01.79 Ark. Code R. § 001 - Filing Requirements for Verified Statements

REPORT AND ORDER

After examination of the Rules of practice and procedure before the Arkansas Transportation Commission, it has been determined by the Commission, after due deliberation, that the rules of practice and procedure should be, in the same or, hereby amended, which shall read as follows:

3.14(b) The verified statements of the. applicant and each known supporting witness shall be filed with the Commission, and a copy served upon opposing parties, if any, no later than 15 days prior to the date set for hearing, unless the requirement of verified statements is expressly waived by the Commission. Said statements SHALL contain but not be limited to, the following:

VERIFIED STATEMENT OF APPLICANT

I. Legal name and business address of carrier.

II. Identity and qualifications of testifying witness.

III. Authority Sought.

IV.

(A) . General scope of presently authorized operations (attach copies of pertinent operating rights).

(B) . Duplicating authority resulting from grant of application.

(C) . Dual operations resulting from grant of application.

(D) . Affiliation with other carriers and persons affiliated with carriers (indicate pertinent MC numbers and docket number of finance proceedings; identify common and contract carriers as such).

V. Pertinent terminal facilities and communications network.

VI. Pertinent equipment.

VII. Safety Program.

VIII. Service now provided to supporting witnesses.

IX. Type of service offered (e.g. LTL, bulk, multiple delivery, et cetera).

X. Financial data (current balance sheet and income statement).

XI. Feasability of operation;

XII. Any other information deemed pertinent by the witness.

XIII. Argument (if desired).

XIV. Verification.

XV. Certificate of Service and list of parties names and addresses.

VERIFIED STATEMENT IN SUPPORT OF APPLICANT

I. Legal name and business address of supporting party or firm.

II. Identity and qualifications of testifying witness.

III. General description of supporting party and/or operations.

IV. Specific description of commodities shipped or received by this witness.

V. Volume and frequency of traffic (poundage, truckloads, et cetera).

VI. Amount of traffic to be tendered applicant.

VII. Specific and/or representative origins and destinations.

VIII. How the traffic now moves.

IX. Type of service required (bulk, LTL., multiple delivery et cetera).

X. Existing service available to this witness and discrepancies in service to include but not limited to:

A. Name of carrier(s) rendering alleged deficient service;

B. Nature of such deficiency (or deficiencies);

C. Frequency and duration of such deficiency (or deficiencies);

D. Any remedial action taken by shipper (i.e., contacted carrier problem; sought service from other available carrier (s).

XI. Similar applications supported (pertinent docket numbers).

XII. Any other information deemed pertinent by the witness.

XIII. Verification and certificate of service.

Rule 3.15(B) Any protest or intervention must be filed with the Commission on or before the 10th day following the date said notice of hearing is issued.

Rule 3.15(C) Verified Statements. Verified statements of the protestant and each known supporting witness shall be filed with the Commission a copy served upon the applicant or his attorney not later than (5) days prior to the date set for hearing, unless the requirement of verified statements is expressly waived by the Commission. Said statements should include but not be limited to the following:

VERIFIED STATEMENT OF PROTESTANT

I. Legal name and business address

II. Identity and qualifications of testifying witness.

III. Specific pertinent conflicting authority.

IV. Pertinent terminals and communications network.

V. Pertinent equipment.

VI. Type of service offered (LTL, bulk, interline, et cetera).

VII. Traffic subject of diversion if application granted.

(a) service provided for supporting party or firm;

(b) service provided for other parties within scope of application.

VIII. Any other information deemed pertinent by the witness. Argument (if desired).

IX. Verification and certificate of service.

IT IS ORDERED, that said new rules 3.14(B) and 3.15(B) 'and 3.15(C) shall be, and the same shall become effective upon the entry of this order.

STATEMENT OF POLICY

1. Verified statements may be a narrative or outlined form.

2. Attorney(s) for applicant is expected, within reason, to make available to opposing counsel a list of the order of appearance of supportive witnesses at least twenty-four hours prior to commencement of hearing.

3. Testimony of applicant and protestant will be limited to adopted verified statements with leave to orally make any correction in said statement and/or to update any matters which may have changed between statement date and date of hearing.

4. Testimony of supportive witnesses will be limited as per the guidelines in three, supra, with the additional exception that the witness may be examined on direct to expatiate, when necessary, on matters specifically enumerated in item ten of Rule 3.14(b).of verified statements in support of applicant.

5. Applications filed before this Commission which are unprotested, or where protests are withdrawn prior to scheduled hearing dates, shall be heard by modified procedure as provided in Rule 5.1 - 5.10, and such proceedings shall be rescheduled and conducted on the first Tuesday of the following month.

Notes

001.01.79 Ark. Code R. § 001

3/1/1979