601 KAR 1:031. Procedure when no protest to notice of first-notice hearing is filed.


      RELATES TO: KRS Chapter 281

      STATUTORY AUTHORITY: KRS 281.801, 49 U.S.C. 11501

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.801 allows affidavits to be filed in lieu of holding a formal hearing on an application when no protests on the application are received within the time prescribed by 601 KAR 1:030. This administrative regulation sets forth the procedures to be followed by both the applicant and the Transportation Cabinet when affidavits are to be filed which present the testimony of the applicant and the applicant's witnesses.


      Section 1. If an application for motor carrier authority or a change to motor carrier authority has been set for hearing by the Transportation Cabinet and no protest is filed in accordance with 601 KAR 1:030, the cabinet may cancel the hearing. In this case the cabinet shall by order of the hearings clerk cancel the hearing and require that the applicant submit evidence by affidavit showing that there is a need for the service and that it is fit, willing and able to perform this service.


      Section 2. The order of the hearings clerk shall set the date no sooner than thirty (30) days from the date of the order that the affidavits shall be filed with the Division of Hearings. If the applicant fails to file the affidavits within the thirty (30) days or fails to show good cause why the time should be extended, he shall be deemed in default and the application may be dismissed by the Commissioner of the Department of Vehicle Regulation.


      Section 3. Style of Affidavit. The supporting statements filed by and on behalf of the applicant shall collectively contain at least the following information:

      (1) Name and address of the motor carrier who has filed the application for authority;

      (2) Statement of character and reputation of the applicant from reputable persons who have known the applicant for a sufficient time to become reasonably acquainted with the applicant's character, both moral and professional;

      (3) A brief history of the applicant's prior work history, including any experience in providing transportation services;

      (4) Statement whether household goods or passengers are to be transported;

      (5) A statement of how the transportation service, if any, is now obtained and how it was obtained in the past; and

      (6) A recital of the consequences if this transportation service is not made available.


      Section 4. Upon receipt of the affidavits the hearing examiner shall make a report and recommended order which shall contain findings of fact and conclusions of law together with recommended grant or denial or partial grant or denial of authority, rates, fares or changes of time schedules, when necessary. Copies of the report and recommended order shall be served upon each of the parties to the matter heard.


      Section 5. After the report and recommended order is filed the matter shall proceed as set forth in 601 KAR 1:030 and KRS 281.625. (18 Ky.R. 2753; eff. 4-3-92; Am. 22 Ky.R. 1724; 2298; eff. 6-6-96.)