Current through Register Vol. 49, No. 2, February 2024
Rule 1.5 (a)
How addressed. All communications should be addressed to the
Commission, as follows: "Arkansas State Highway Commission, P. O. Box 2261,
Little Rock, AR 72201."
Rule 2.1
Typographical Specifications.
Except as otherwise provided, all pleadings, documents, and
papers to be filed under these rules shall be printed or typewritten, with a
clear margin at the top and bottom. If typewritten, they shall be on paper 8
1/2 x 11 inches in size. Where exhibits may require a larger sheet, those
exhibits should be subject to reduction so that they may be clearly placed upon
paper no larger than 8 1/2 X 11 inches.
Rule 2.2
Copies.
Except when otherwise required in specific instances, there shall
be filed an original and nine copies of every pleading, document, or paper
required or permitted to be filed under these rules.
Rule 3.2
Formal Complaints;
Copies.
The original of each formal complaint, amended or supplemental
formal complaint, or cross complaint, must be accompanied by copies in
sufficient number to enable the Commission to serve one copy upon each
defendant, and retain nine copies in addition to the original.
Rule 15.5 (b)
Handling by
Carrier. Every such carrier which receives a written claim for loss or
damage to property transported by it shall pay, decline, or make a firm
compromise settlement offer in writing to the claimant within 12 0 days after
receipt of the claim by the carrier or its agent; provided that, if for reasons
beyond the control of the carrier the claim cannot be processed and disposed of
within 120 days after the receipt thereof, the carrier shall at that time and
at the expiration of each succeeding 30-day period while the claim remains
pending, advise the claimant in writing of the status of the claim and the
reasons for the delay in making final disposition thereof, and send a copy of
such letter to the Arkansas State Highway Commission, P. 0. Box 2261, Little
Rock, AR 72203.
Rule 15.8
Mobile Home Carriers-Customers' Complaints to Commission. For all
mobile home movers certificated by this Commission, both the Pre-move
Inspection Record required by Rule
15.7 and the customer's copy of
the freight bill shall contain the following language on the front side of the
bill or record, in bold-face type:
NOTICE TO OWNER
CLAIMS
All claims and complaints not resolved to your satisfaction
may be reported to the Arkansas State Highway Commission for
investigation.
Arkansas State Highway Commission
P. O- Box 2261
Little Rock, AR 72203
Telephone: (501) 569-2355
AMENDMENT TO RULE 11-4 - APPLICATIONS FOR TRANSFER OR LEASE
OF CERTIFICATE OR PERMIT
Certificates, permits, and licenses shall not be assigned,
transferred, or leased without prior authorization of the Commission and on
written application.
The application for transfer or lease must be accompanied
by:
(a) The name and address or
location of the principal office or place of business of each of the
applicants;
(b) A full and complete
financial statement giving detailed information concerning the financial
condition of the transferee. If the transferee is a partnership, a complete
financial statement giving detailed information concerning the financial
condition of each of the partners; if the transferee is a corporation, a copy
of a certificate of good standing from the Secretary of the State in which the
corporation is domiciled, and a financial statement of the
corporation;
(c) A statement
completely describing the authority sought to be transferred, including
commodities authorized to be transported and the routes authorized to be
served;
(d) A statement describing
all property to be sold, transferred or assigned, and the amount to be paid
therefor;
(e) A copy of all
contracts, agreements and other stipulations between the transferee and
transferor;
(f) If the transferee
is not a resident of this State, a written designation of a resident agent for
service of process.
(g) If any
party to the transfer of a certificate or permit is acting in a fiduciary
capacity, proof of his authority to so act;
(h) A statement from the State Treasurer,
Commissioner of Revenues or County Collector to the effect that there are no
outstanding and unpaid taxes of any nature;
(i) A joint affidavit that there are no
unpaid taxes, station rents, wages, or other indebtedness incident to the
vendor's operation, or if such is not the case will be assumed by the
vendee;
(j) Remittance of statutory
filing fee.
No transfer or lease of the certificate or permit, or any part
thereof, shall be granted by the Commission unless there has been filed with
the Commission a statement by the Treasurer of the State of Arkansas and/or the
Commissioner of Revenues, or his authorized deputy, certifying that there are
no delinquent taxes outstanding against the transferor or against the
certificate or permit sought to be transferred.
The transfer, lease, or assignment of the permit, certificate, or
license shall not be authorized when the Commission finds that the action will
be inconsistent with the public interest or will have the effect of destroying
competition or creating a monopoly. The transfer, lease, or assignment will not
be authorized where it appears that reasonably continuous service under the
authority or that part of the authority granted by the permit, certificate, or
license which is sought to be transferred has not been rendered by the current
holder of the permit, certificate, or license prior to the application for
transfer, assignment, or lease.
Prior to the sale of a business or the addition of partners by
any individual or business holding a certificate or permit, such change in the
ownership structure of the carrier shall be reported to the Commission in
writing. Prior to the sale of stock in a publicly traded corporation, such sale
shall be reported to the Commission if the sale will constitute fifty percent
(50%) or more of the outstanding shares or stock in the corporation in one
transaction or in a series of related transactions. The Commission shall review
the sale of the stock or the addition of a partner, or any other change in the
ownership structure of the business operating in intrastate commerce under a
certificate or permit issued by this Commission. Such documentation as is
necessary for a full and complete review of the change in the ownership
structure may be requested from the business by the Commission.
Prior to the hypothecation of a certificate or permit, or the
pledge of any assets of a business holding intrastate authority from this
Commission, a notice of the hypothecation or pledge of the assets shall be
filed with the Commission. The Commission will acknowledge receipt of the
notice of hypothecation, and may request additional documentation as is
necessary for a full and complete review of the pledge of the asset of the
certificate or permit.
NEW RULE 1.16 - CRITERIA FOR REVIEW OF
APPLICATIONS
In reviewing any application for a new certificate or permit, the
following criteria shall be used to determine whether the present or future
public convenience and necessity will be served by the granting of such
application;
(1) the ability of the
applicant and his sense of responsibility towards the public;
(2) the financial condition of the
applicant;
(3) the current level of
service being maintained by any carrier authorized to provide such
service;
(4) the stability of the
applicant organization and the likelihood of permanent and continuous service
being provided by the applicant;
(5) the effect of the proposed service upon
other forms of transportation;
(6)
the lack of service for a specific need within the area or business community;
and
(7) any other matters tending
to show the need, or lack of need, of the proposed service.
NEW RULE 11.13 - APPLICATIONS OF COMMON CARRIERS FOR
ARMORED CAR SERVICE; CONTENTS; APPROVAL
Applications of Common Carriers for Armored Car Service;
Contents; Approval.
Armored car companies making application for intrastate authority
may apply as common carriers, notwithstanding the fact that contracts may be or
have been entered into between the applicant and shippers. Armored car
companies are expressly allowed as common carriers to enter into an unlimited
number of contracts with shipping financial institutions.
Contracts entered into between armored car common carriers and
shippers shall be subject to review by the Commission. Review of contracts
shall include but not be limited to:
(1) uniformity of rates between shippers,
taking into consideration the location, frequency of service, and minimum
delivery clauses;
(2) conformity
with filed tariffs;
(3) duration of
contracts;
(4) cancellation
clauses, including any opportunity to cure service complaints;
(5) adequacy of service provided;
(6) any terms requiring exclusive use of the
armored car carrier's services. Contract provisions as to schedule of stops and
size of shipments will not be reviewed.
AMENDMENT TO RULE 3.15 - PROTESTS AGAINST
APPLICATIONS
(a) Content. A
protest against the granting of any application filed before the Commission
shall set forth specifically the grounds upon which the protestant relied and
shall further state concisely the interest of the protestant in the
proceeding.
(b) Time of Filing. Any
protest or intervention must be filed with the Commission on or before the 10th
day following the date of notice of application, pursuant to Section
3.14(b).
(c) Verified Statements. Verified statements
of the protestant and each known supporting witness shall be filed with the
Commission at a time set out in the written policy and procedure of the
Commission. The requirement of a verified statement may be waived at the
discretion of the Commission upon written request by the protestant. Verified
statements of the protestant shall contain but not be limited to the following:
I. Legal name and business address.
II. Identity and qualifications of testifying
witness.
III. Specific pertinent
conflicting authority.
IV.
Pertinent terminals and communications network.
V. Pertinent Equipment.
VI. Type of service offered (e.g., LTL, bulk,
interline, etc.).
VII. Traffic
subject to diversion if application is granted, including specific information
on attempts of the protestant to secure the business of the supporting
shipper.
VIII. Any other
information pertinent to the application.
IX. Verification and Certificate of
Service.
(d) Witness
List. A list of witnesses who will appear on behalf of the protestant shall be
filed with the Commission at a time set out in the written policy and procedure
of the Commission. Only those witnesses whose names appear on the list supplied
by the protestant shall be allowed to testify at the hearing before the
Commission; other witnesses may be allowed to testify by leave of the
Commission.
A list of witnesses filed by the protestant shall be exchanged
with the applicant at a time set out in the written policy and procedure of the
Commission. Failure to provide the other party or parties with a list of
witnesses to be called may be grounds for dismissal or postponement of the
case.
(e) When Rule
Disregarded. For good cause shown, an application may be set down for hearing
without awaiting the filing of a protest or a reply thereto, and may also be
disposed of without regard to subsection (c) of this rule unless a hearing is
required by the Motor Carrier Act.
AMENDMENT TO RULE 3.14 - APPLICATIONS
(a) Contents. Forms of
applications for certificates, permits, and transfers may be obtained from the
Commission upon request. An application filed with the Commission shall set
forth with specificity the grounds upon which the application is made, the
interest of the applicant and the subject matter, and the relief sought by the
applicant.
(b) Date of Filing. The
official date of filing of any application with the Commission shall be the
third calendar day after the date contained within the notice of filing sent to
the newspaper for publication and all interested parties. This date shall be
used for purposes of calculating all dates upon which other matters to be filed
as part of the application process are due.
(c) Verified Statements. The verified
statement of the applicant and each known supporting witness shall be filed
with the Commission at a time set out in the written policy and procedure of
the Commission. The requirement of a verified statement may be waived at the
discretion of the Commission upon written request by the applicant.
1. Verified statement of the applicant shall
contain but not be limited to the following:
I. Legal name and business address.
II. Identity and qualifications of testifying
witness.
III. Authority
sought.
IV.
(A) General scope of presently authorized
operations (attach copies of pertinent operating rights).
(B) Duplicating authority resulting from
grant of application.
(C) Dual
operations resulting from grant of application.
(D) Affiliation with other carriers and
persons affiliated with carriers (indicate pertinent MC numbers and docket
number of finance proceedings; identify common and contract carriers as
such).
V. Pertinent
terminal facilities and communications network.
VI. Pertinent equipment.
VII. Safety Program.
VIII. Service now provided to supporting
witnesses.
IX. Type of service
offered (e.g. LTL, bulk, multiple delivery, et cetera).
X. Financial data (current balance sheet and
income statement).
XI. Feasibility
of operation.
XII. Any other
information deemed pertinent.
XIII.
Argument (if desired).
XIV.
Verification.
XV. Certificate of
Service and list of parties names and addresses.
2. Verified statements of supporting shippers
shall contain but not be limited to the following:
I. Legal name and business address of
supporting party or firm.
II.
Identity and qualifications of testifying witness.
III. General description of the business of
the supporting shipper and its operations.
IV. The specific commodity shipped or
received by that business.
V. The
volume and frequency of traffic.
VI. The amount of traffic to be tendered to
the applicant, giving specific or representative origins and
destinations.
VII. How the traffic
now moves in intrastate commerce.
VIII. The type of service required from the
applicant (e.g., bulk, LTL, multiple delivery, etc.).
IX. The existing service available and
specific information on discrepancies in service from currently authorized
carriers.
X. Similar applications
supported, including pertinent docket numbers.
XI. Any other information deemed pertinent by
the witness.
XII. Verification and
Certificate of Service.
(d) Witness List. A list of witnesses to be
called by the applicant in support of its application shall be filed with the
Commission at a time set out in the written policy and procedure of the
Commission. Only those witnesses whose names appear on the list supplied by the
applicant will be allowed to testify at the hearing before the Commission;
other witnesses may be allowed to testify by leave of the Commission.
A list of witnesses filed by the applicant shall be exchanged
with the protestants at a time set out in the written policy and procedure of
the Commission. Failure of the applicant to provide the protestants or other
parties with the list of witnesses to be called may be grounds for dismissal or
postponement of the case.
(e) Refiling After Denial. When an
application for a permit or certificate has been denied in whole or in part, or
has been granted, and an order of the Commission granting the same has been
quashed or set aside, another application by the same petitioner or applicant
over the same route or territory will not be considered by the Commission
within ninety (90) days from the date of the order denying the same or the
judgment of the court quashing or setting aside the order.
Rule 11.5
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APPROVAL OF LEASE OF CERTIFICATE OR PERMIT
Unless unusual circumstances are found by the Commission, a lease
of operating rights will not be approved for longer than a period of one year.
During this time the parties shall be expected to consider and determine
whether or not they want to enter into a transaction of sale and purchase of
the rights conferred under the certificate or permit.
At the end of the lease period, lessee shall file with the
Commission a statement of intent as to the plans of the lessee as they pertain
to future use of the permit. Should the lessee request an extension of
operating rights beyond the one year approved herein, such extension shall be
requested in the statement filed by the lessee at the end of the lease
period.
Rule 10.8
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DISCONTINUATION OF SERVICE
Whenever no business is conducted under any permit, certificate,
or license issued by the Commission for a period of one (1) year, such failure
to render reasonably continuous service under the authority shall subject the
holder of such authority to a hearing. The hearing will be for the purpose of
determining whether or not the authority shall be continued or
cancelled.
All holders of any permits, certificates, or licenses shall
report discontinuance of service to the Commission on forms provided, if there
has been no use of the pertinent authority or any part thereof for a period of
one year or longer.
