§ 69-12-323 — Decision On Application

69-12-323 . Decision on application. (1) (a) Except as provided in subsection (1)(b), within 180 days from the date of the completed filing of an application, the commission shall issue its finding, order, or decision on the application and the evidence presented in support of the application at the time of the hearing.
(b) The commission may extend the time for making a decision to a date requested by the applicant.
(2) (a) If after a hearing on the request for a certificate of public convenience and necessity the commission finds from the evidence that public convenience and necessity require the authorization of the service proposed or any part of the service proposed, a certificate of public convenience and necessity must be issued. In determining whether a certificate of public convenience and necessity should be issued, the commission shall consider:
(i) the transportation service being furnished or that will be furnished by any railroad or other existing transportation agency;
(ii) the likelihood of the proposed service being permanent and continuous throughout 12 months of the year; and
(iii) the effect that the proposed transportation service may have on other forms of transportation service that are essential and indispensable to the communities to be affected by the proposed transportation service or that might be affected by the proposed transportation service.
(b) For the purposes of issuing a certificate of public convenience and necessity to a Class D motor carrier, a determination of public convenience and necessity may include a consideration of competition.
(3) The commission may issue the certificate as requested in the application or in part and may attach terms and conditions to a certificate of public convenience and necessity for a motor carrier pursuant to 69-12-311 (1)(b) or a Class D motor carrier that in its judgment public convenience and necessity require.
(4) If a certificate is issued to a motor carrier as provided in this part, the certificate is in effect until terminated by the commission for cause or until terminated by the owner's failure to comply with 69-12-402 .
(5) (a) In determining whether to approve a certificate of compliance for a motor carrier pursuant to 69-12-311 (1)(a) or for a Class E motor carrier, the commission shall consider only whether the applicant meets the requirements of 69-12-415 . The commission shall provide notice and may require a hearing in accordance with 69-12-321 .
(b) An applicant seeking a certificate of compliance establishes a rebuttable presumption that it meets the requirements of 69-12-415 by demonstrating compliance with insurance, bonding, and security requirements established by the commission in accordance with 69-12-402 .

Legislative History

(1)En. Sec. 1, Ch. 102, L. 1955; amd. Sec. 3, Ch. 69, L. 1971; amd. Sec. 20, Ch. 315, L. 1974; Sec. 8-111.1, R.C.M. 1947; (2)En. Sec. 11, Ch. 184, L. 1931; re-en. Sec. 3847.11, R.C.M. 1935; amd. Sec. 1, Ch. 101, L. 1955; amd. Sec. 2, Ch. 69, L. 1971; amd. Sec. 1, Ch. 339, L. 1973; amd. Sec. 4, Ch. 243, L. 1974; amd. Sec. 3, Ch. 315, L. 1974; Sec. 8-111, R.C.M. 1947; (3)En. Sec. 12, Ch. 184, L. 1931; re-en. Sec. 3847.12, R.C.M. 1935; Sec. 8-112, R.C.M. 1947; R.C.M. 1947, 8-111(part), 8-111.1(part), 8-112(part); amd. Sec. 1, Ch. 54, L. 1979; amd. Sec. 1, Ch. 76, L. 1983; amd. Sec. 18, Ch. 456, L. 2015; amd. Sec. 8, Ch. 512, L. 2021; amd. Sec. 8, Ch. 422, L. 2023.