001.01.90 Ark. Code R. § 001 - Non-Controversial Rule Changes
Except as otherwise provided, all pleadings, documents, and papers to be filed under these rules shall be printed or typewritten, with a clear margin at the top and bottom. If typewritten, they shall be on paper 8 1/2 x 11 inches in size. Where exhibits may require a larger sheet, those exhibits should be subject to reduction so that they may be clearly placed upon paper no larger than 8 1/2 X 11 inches.
Except when otherwise required in specific instances, there shall be filed an original and nine copies of every pleading, document, or paper required or permitted to be filed under these rules.
The original of each formal complaint, amended or supplemental formal complaint, or cross complaint, must be accompanied by copies in sufficient number to enable the Commission to serve one copy upon each defendant, and retain nine copies in addition to the original.
NOTICE TO OWNER
All claims and complaints not resolved to your satisfaction may be reported to the Arkansas State Highway Commission for investigation.
Arkansas State Highway Commission
P. O- Box 2261
Little Rock, AR 72203
Telephone: (501) 569-2355
AMENDMENT TO RULE 11-4 - APPLICATIONS FOR TRANSFER OR LEASE OF CERTIFICATE OR PERMIT
Certificates, permits, and licenses shall not be assigned, transferred, or leased without prior authorization of the Commission and on written application.
The application for transfer or lease must be accompanied by:
No transfer or lease of the certificate or permit, or any part thereof, shall be granted by the Commission unless there has been filed with the Commission a statement by the Treasurer of the State of Arkansas and/or the Commissioner of Revenues, or his authorized deputy, certifying that there are no delinquent taxes outstanding against the transferor or against the certificate or permit sought to be transferred.
The transfer, lease, or assignment of the permit, certificate, or license shall not be authorized when the Commission finds that the action will be inconsistent with the public interest or will have the effect of destroying competition or creating a monopoly. The transfer, lease, or assignment will not be authorized where it appears that reasonably continuous service under the authority or that part of the authority granted by the permit, certificate, or license which is sought to be transferred has not been rendered by the current holder of the permit, certificate, or license prior to the application for transfer, assignment, or lease.
Prior to the sale of a business or the addition of partners by any individual or business holding a certificate or permit, such change in the ownership structure of the carrier shall be reported to the Commission in writing. Prior to the sale of stock in a publicly traded corporation, such sale shall be reported to the Commission if the sale will constitute fifty percent (50%) or more of the outstanding shares or stock in the corporation in one transaction or in a series of related transactions. The Commission shall review the sale of the stock or the addition of a partner, or any other change in the ownership structure of the business operating in intrastate commerce under a certificate or permit issued by this Commission. Such documentation as is necessary for a full and complete review of the change in the ownership structure may be requested from the business by the Commission.
Prior to the hypothecation of a certificate or permit, or the pledge of any assets of a business holding intrastate authority from this Commission, a notice of the hypothecation or pledge of the assets shall be filed with the Commission. The Commission will acknowledge receipt of the notice of hypothecation, and may request additional documentation as is necessary for a full and complete review of the pledge of the asset of the certificate or permit.
NEW RULE 1.16 - CRITERIA FOR REVIEW OF APPLICATIONS
In reviewing any application for a new certificate or permit, the following criteria shall be used to determine whether the present or future public convenience and necessity will be served by the granting of such application;
NEW RULE 11.13 - APPLICATIONS OF COMMON CARRIERS FOR ARMORED CAR SERVICE; CONTENTS; APPROVAL
Applications of Common Carriers for Armored Car Service; Contents; Approval.
Armored car companies making application for intrastate authority may apply as common carriers, notwithstanding the fact that contracts may be or have been entered into between the applicant and shippers. Armored car companies are expressly allowed as common carriers to enter into an unlimited number of contracts with shipping financial institutions.
Contracts entered into between armored car common carriers and shippers shall be subject to review by the Commission. Review of contracts shall include but not be limited to:
AMENDMENT TO RULE 3.15 - PROTESTS AGAINST APPLICATIONS
A list of witnesses filed by the protestant shall be exchanged with the applicant at a time set out in the written policy and procedure of the Commission. Failure to provide the other party or parties with a list of witnesses to be called may be grounds for dismissal or postponement of the case.
AMENDMENT TO RULE 3.14 - APPLICATIONS
A list of witnesses filed by the applicant shall be exchanged with the protestants at a time set out in the written policy and procedure of the Commission. Failure of the applicant to provide the protestants or other parties with the list of witnesses to be called may be grounds for dismissal or postponement of the case.
Unless unusual circumstances are found by the Commission, a lease of operating rights will not be approved for longer than a period of one year. During this time the parties shall be expected to consider and determine whether or not they want to enter into a transaction of sale and purchase of the rights conferred under the certificate or permit.
At the end of the lease period, lessee shall file with the Commission a statement of intent as to the plans of the lessee as they pertain to future use of the permit. Should the lessee request an extension of operating rights beyond the one year approved herein, such extension shall be requested in the statement filed by the lessee at the end of the lease period.
Whenever no business is conducted under any permit, certificate, or license issued by the Commission for a period of one (1) year, such failure to render reasonably continuous service under the authority shall subject the holder of such authority to a hearing. The hearing will be for the purpose of determining whether or not the authority shall be continued or cancelled.
All holders of any permits, certificates, or licenses shall report discontinuance of service to the Commission on forms provided, if there has been no use of the pertinent authority or any part thereof for a period of one year or longer.
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