Wash. Admin. Code § 480-30-116 - Certificates, application docket, and objections, auto transportation company
(1)
Application docket.
(1) The commission publishes a notice of
pending certificate applications in the application docket. The commission
mails the application docket to each existing auto transportation company
certificate holder, to each person with a pending auto transportation company
certificate application and to any other interested person who has asked to
receive copies of the application docket. It includes notice of auto
transportation company certificate applications for:
(a) New certificate authority.
(b) Extension of existing certificate
authority.
(c) Transfer or lease of
all or a portion of certificate authority.
(2)
Objections. An existing auto
transportation company may object to an application for new authority or an
extension of authority published in the application docket only if the company
holds a certificate that authorizes the same service and the company provides
the same service published in the application docket. No company may file an
objection to applications for transfers or lease of all or a portion of
certificate authority.
(a)
Form of
objections. Objections must:
(i) Be
filed within thirty days of the date the commission mailed the application
docket.
(ii) Be filed according to
the provisions of WAC
480-07-370.
(iii) Be served on the applicant and the
applicant's attorney, if the attorney has filed with the commission a notice of
appearance.
(iv) Specify why the
company believes it is providing the same service to the satisfaction of the
commission and why it is filing the objection.
(v)
Specify the approximate number of witnesses the objecting company intends to present and an estimate of hearing time required for the objecting company's presentation.
(vi) Include the name and address of each
person on whose behalf the objection is filed including that person's
certificate number, a copy of the certificate authority, and identification of
the portion or portions of the objector's certificate that is the basis for the
objection, and specifically identify the portion or portions of the objector's
certificate that authorizes the same service requested by the
applicant.
(vii) Describe any
restrictive amendment that could eliminate the objecting company's interest in
the application.
(b)
Failure to file objection on time. A person who fails to file an
objection within the thirty-day notice period may not in any way participate
further in the proceeding, unless that person can show that the commission did
not provide proper notice of the pending application, or that good cause exists
for the failure to make a timely objection.
(3) The adjudication of applications subject
to an objection filed under
RCW
81.68.040 will be accomplished in the
simplest and most expeditious manner consistent with state law. The
adjudication will be limited to the question of whether the objecting company
holds a certificate to provide the same service in the same territory, whether
the objecting company provides the same service, and whether an objecting
company will provide the same service to the satisfaction of the
commission.
(4)
Applications
not subject to the docket and objection provisions of this rule. This
rule does not apply to:
(a) Applications for
charter and excursion carrier certificates;
(b) Applications to reinstate a certificate
canceled for cause under the provisions of WAC
480-30-181, when the application
is filed within thirty days of the certificate cancellation date;
(c) Applications for name change;
(d) Applications to mortgage an auto
transportation company certificate; and
(e) Applications for an auto transportation
company certificate under a federal grant of authority to provide intrastate
service over an interstate route
.
Notes
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