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281.625 Hearing on application -- Notice -- Protest -- Exceptions.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(a)
Upon the filing of an application for a certificate or permit or for
amendment or for sale, transfer, or lease, or for change in route, or for
abandonment of a certificate or permit, the department shall, within a
reasonable time, fix the time and place for a hearing.
(b) A person who intends to file an application under paragraph (a) of this
subsection shall publish notice of the application in accordance with KRS
281.6251.
If a protest is filed, the department shall hold an administrative hearing on the
application. The department, in its discretion, may hold a hearing if no protest
is filed. Hearings conducted under this section shall be conducted in
accordance with KRS Chapter 13B. Any person having interest in the subject
matter may, in accordance with the regulations prescribed therefor, file a
protest to the granting, in whole or in part, of the application.
If the application is for a nonprofit bus certificate and no protest is filed, the
department may grant the certificate without a hearing, provided the provisions
of subsection (3) of KRS 281.630 or KRS 281.801 are met.
The department may, if the application is solely for rights previously granted by
the Interstate Commerce Commission, dispense with the holding of a hearing.
Persons engaged in the transportation in interstate commerce in Kentucky of
any commodity exempted by the Interstate Commerce Commission from
regulation shall be subject to the same Kentucky requirements and regulations
as if the persons were transporting commodities not exempted by the Interstate
Commerce Commission, except that in lieu of filing or registering with the
department a certificate of public convenience and necessity as issued by the
Interstate Commerce Commission, the persons shall apply to the department
for a permit or certificate restricted to interstate commerce and the permit or
certificate may be issued without a hearing.
If an applicant has been granted an irregular route common carrier certificate
by the Interstate Commerce Commission, the department may grant an
irregular route common carrier certificate restricted to operation in interstate
commerce, and on the granting of same, it shall notify the Department of
Revenue of the applicant's operation.
The department may grant a permit, upon application, to operate a U-drive-it
without the holding of a hearing.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 139, sec. 3, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 85, sec. 673, effective June 20, 2005. -- Amended
1996 Ky. Acts ch. 174, sec. 6, effective July 15, 1996; and ch. 318, sec. 194,
effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 232, sec. 7, effective
June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(2). -Amended 1966 Ky. Acts ch. 255, sec. 228. -- Amended 1964 Ky. Acts ch. 95,
sec. 10. -- Amended 1958 Ky. Acts ch. 130, sec. 9. -- Amended 1954 Ky. Acts
ch. 188, sec. 4. -- Created 1950 Ky. Acts ch. 63, sec. 12, effective June 15,
1950.
Legislative Research Commission Note (7/15/96). This section was amended by
1996 Ky. Acts chs. 174 and 318. Where these Acts are not in conflict, they have
been codified together. Where a conflict exists between Acts ch. 174 and a
nonsubstantive, stylistic amendment in Acts ch. 318, Acts ch. 174 prevails under
Acts ch. 318, sec. 358.
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