Subject 515-16-2 ADDITIONAL RULES OF PRACTICE AND PROCEDURE IN TRANSPORTATION CASES
The rules contained in this Chapter 515-16-2 are in addition
to, and designed to supplement, the Commission's general Rules of Practice and
Procedure contained in Chapter 515-2-1, where different or supplemental rules
of practice and procedure are needed in processing transportation cases. Use of
such different or supplemental rules in processing transportation cases shall
be at the discretion of the Hearing Officer or the Commission conducting a
transportation hearing.
| (1) |
All applications and petitions for
Interim Certificates will be filed in such form as prescribed by the
Commission. All applications must be accompanied by a current financial
statement and an affidavit executed by an officer of the applicant corporation
(if a corporation), applicant's owner (if a proprietorship), or a partner (if
applicant is a partnership), containing information describing the number and
types of vehicles being used. All applicants must meet a minimum net worth
requirement, the dollar amount of which may be set from time to time by
Commission Order. All applications will contain an affirmation by applicant of
the applicant's familiarity with the Commission's rules and regulations and
willingness to take and pass a written test thereon or to attend one monthly
training course per year on such rules and regulations. |
| (2) |
All applicants submitting applications
for passenger certificates or permits shall submit with, or as part of, each
application filed with the Commission, a consent form to a criminal background
check being performed on such applicant(s) and corporate officer(s). |
| (3) |
In proceedings involving applications for
Interim Certificates, thirty (30) days' notice will be given. Publication of
notice of assignment of hearing in the Fulton County Daily Report and posting a
copy of the Transportation Division notice of assignment of hearing on the
Commission's website at http://www.psc.state.ga.us will
constitute notice. |
| (4) |
After notice
has been posted for a period of ten (10) days if no protests have been
received, the Commission will place application on the next Transportation
Committee Agenda for consideration. If the Commission finds that application is
in order at the Transportation Committee meeting, the application will be
placed on the Administrative Session Agenda for approval to issue a twelve (12)
month interim certificate. |
| (5) |
If
application is protested, the respective parties must present oral testimony at
the scheduled hearing. Copies of the application and supporting documents must
be served upon the opposite party, his counsel or agent having control of the
case not less than 5 days prior to the date matter has been assigned for
hearing. |
| (6) |
Any motor carrier or
motor carrier representative desiring to appear before the Commission at public
hearing in opposition to an application seeking an interim certificate or
amendment to existing certificate, need not file a formal petition for such
appearance, but may become a party protestant at the public hearing provided he
has notified the applicant and the Commission of his intention to appear at the
hearing to protest the application. Such notification and request shall be made
by letter or fax so as to reach applicant and the Commission at least fifteen
(15) days prior to the assigned hearing date. No person who fails to so notify
the applicant and the Commission as provided for above will be permitted to
intervene in such a proceeding before the Commission except upon a showing of
substantial reasons submitted in writing to the Commission prior to the
hearing. Nothing in this rule shall be construed to deny any member of the
general public the right to appear at public hearing to protest such
application, and the Commission reserves the right, in its discretion, to waive
the provisions of this portion of the rule. |
| (7) |
After applicant and protestant have
presented all evidence and testimony at the public hearing, the Commission will
take the matter under advisement and render a decision accordingly in the
matter. If the Commission issues a favorable decision, a twelve (12) month
interim certificate will be issued. |
| (8) |
Prior to the end of the twelve (12) month
period, the Commission staff will review the carrier's records to determine the
actual area being served, whether the applicant has complied with Commission
rules and regulations, whether applicant has undergone the Commission's
training program for books, record-keeping and compliance, and whether any
complaints have been received. At that time the findings would be brought
before the Commission for approval or denial of permanent
certificate. |
All complaints made to the Georgia Public Service Commission
involving motor carriers must plainly and distinctly state the grounds thereof,
all being set forth in writing. In like manner, all defenses must be made in
writing and must plainly and distinctly state the grounds thereof. The
complaint must be accompanied by supporting documentation such as invoice, bill
of lading and/or claim forms. Other than matters pertaining to a statute rule
violation where a customer refund is expressly authorized and the recovery of
carrier overcharge above maximum tariff rates and except for disallowed towing
rates and storage fees under O.C.G.A. § 44-1-13,
the Commission is not empowered to adjudicate disputed freight loss, freight
damage or other monetary claims between carriers and customers in
transportation matters. Notwithstanding the previous sentence, nothing shall
prevent the Commission staff from mediating a pre-litigation settlement of such
monetary claims between a carrier and a customer and accepting carrier refund
or payment for loss or damage to a customer in lieu of recommending assessment
by the Commission of all or a portion of civil penalties authorized by statute
or these Transportation Rules. If the involved parties reach an impasse, the
parties would have to be referred to the appropriate court of competent
jurisdiction for further resolution.
Unless otherwise directed by the Commission, all
transportation applications, petitions or complaints, filed with the
Commission, or actions initiated by the Commission shall be promptly assigned
for hearing on at least thirty (30) days' notice or, in emergency situations,
on any other date designated by the Commission; provided that a continued or
postponed hearing requested by a carrier may be rescheduled in less than thirty
(30) days' notice.
| (1) |
The Commission may at any time, after
notice and opportunity to be heard, suspend, revoke, alter or amend any
certificate or permit, if it shall be made to appear that the holder has
willfully violated or refused to observe orders, rules, or regulations
prescribed by the Commission or provisions of the Motor Carrier Acts, or any
other law of this State regulating or taxing motor vehicles, for hire, and
applicable to the holder of such certificate, or if, in the opinion of the
Commission, the motor carrier is unfit, or not furnishing adequate service, or
it is no longer compatible with the public interest to continue said
certificate or permit in force or the continuance of said certificate or permit
is not in conformity with the spirit and purpose of the law. |
| (2) |
It shall be unlawful for a carrier to
conduct any operations after their authority has been canceled or during a
period in which the certificate or permit is in suspension. |
| (1) |
Commissioners or representatives of the
Commission authorized to make inspections and to enforce these Transportation
Rules and Regulations, upon providing proper identification as a Commissioner
or Commission employee to any carrier or carrier officer or employee requesting
such, shall have the right at any time to enter into or upon any terminal,
station, garage, office, warehouse, impound lot, parking lot, or other premises
owned, leased, operated or used by any carrier subject to the Commission's
jurisdiction or upon any vehicle operated by such carrier in intrastate
commerce within Georgia in order for the purpose of inspecting such carrier's
books and records and motor carrier equipment and vehicles to ascertain such
carrier's past and present compliance with the statutes and Transportation
Rules administered by this Commission. |
| (2) |
Willful refusal of any person to produce
its records for, and to permit such inspection or on-premises audit of records
produced, by a visiting Commissioner or Commission Transportation Staff
employee, with or without prior notice having been given for such visit, shall
be sufficient grounds for suspension or cancellation of such carrier's
Commission-issued registration, permit or certificate; provided, however, that
the carrier affected thereby shall have 30 days to petition the Commission for
a hearing as to any registration receipt, permit or certificate so suspended or
cancelled. |
Failure by any carrier subject to the jurisdiction of the
Commission to comply with the Rules of the Commission, as amended from time to
time, or with any Commission Order shall be cause for suspension, revocation of
a certificate, permit, or registration receipt, and/or for assessment of civil
or criminal penalties as specified in Chapters 515-16-3 and 515-16-14 of these
Transportation Rules.
