Wash. Admin. Code § 480-30-156 - Certificates, temporary, auto transportation company
(1)
Temporary certificates
prohibited.
(1) The
commission is prohibited from granting a temporary certificate to operate in
territory that is:
(a) Contained in an
existing certificate, unless the existing certificate holder is not providing
service to the satisfaction of the commission or does not object to the
temporary certificate.
(b)
Contained in a pending certificate application unless the temporary certificate
application filing is made by the applicant or the applicant does not object to
the temporary certificate.
(2)
Requirements. Temporary
certificate applications must meet the requirements of WAC
480-30-096.
(3)
Public interest. The
commission may grant a temporary certificate after determining that granting
the requested authority is consistent with the public interest. In determining
if the requested temporary authority is consistent with the public interest,
the commission may consider factors including, but not limited to:
(a) The fitness of the applicant.
(b) The need for the requested
service.
(c) Availability of
existing service.
(d) Any other
circumstances indicating that a grant of temporary authority is consistent with
the public interest.
(4)
Support statements required. Applicants for temporary certificates
must include signed support statements from potential customers identifying all
pertinent facts relating to need for the proposed service.
(5)
Investigation of
applications. Commission staff will investigate the facts surrounding an
application and need for the proposed service before making a recommendation
that the commission grant or deny an application for temporary certificate.
(6)
Special terms,
conditions, and limitations. The commission may impose special terms,
conditions, and limitations in connection with the grant of any temporary
certificate.
(7)
Length of
service allowed under temporary certificate. The commission may grant a
temporary certificate for up to one hundred eighty days based on an estimate
regarding how long it will take to complete review of the permanent certificate
application. If a company files an auto transportation company certificate
application and a temporary certificate application within thirty days of each
other or files an auto transportation company certificate application within
thirty days of the order granting the temporary certificate, then the temporary
certificate will continue until the commission grants, denies, or dismisses the
parallel certificate application, or until the temporary certificate is
otherwise canceled, whichever happens first.
(8)
Docketing. The commission
will publish on its application docket a list of temporary certificate
applications that the commission has received.
(9)
Objections. An existing
auto transportation company or applicant for certificate may file an objection
opposing the grant or denial of a temporary certificate.
(10)
Form of objections.
Objections must:
(a) Be filed with the
commission in writing within twenty days after the date the commission mails
its notice;
(b) Contain a statement
of the specific grounds on which the objection is made;
(c) Contain a statement of the objecting
company's interest in the proceeding;
(d) Be served on the applicant; and
(e) Be served on the applicant's
representative, if one is stated in the notice.
Notes
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