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281.6251 Notice of intention to apply for certificate.
(1)
(2)
Notwithstanding the provisions of KRS 13B.050, any person, partnership,
limited partnership, corporation, limited liability company, or any other entity
applying for a certificate in accordance with KRS 281.625 shall advertise his or
her intention to apply for a certificate by using one (1) of the following methods:
(a) Publication of a public notice under KRS 424.130(1)(b). The applicant
shall cause the notice to be published once a week for three (3)
consecutive weeks in a prominent manner in a newspaper of general
circulation in the proposed territory, the first publication to be made within
seven (7) days of the filing of the application with the cabinet; or
(b) Correspondence by electronic mail with every existing certificate holder
affected by the application giving notice of the intention to apply for a
certificate.
The notice required under this section shall conform in all material respects to
the following requirements:
(a) The notice shall state:
1.
The name and address of the applicant if the applicant is an
individual;
2.
The name and address of each partner and the name and address
of the business if the applicant is a partnership or limited
partnership;
3.
The name and address of each principal officer and director and the
name and business address of the corporation if the applicant is a
corporation; or
4.
The name and address of each member and each manager if the
applicant is a limited liability company;
(b) The notice shall specifically describe the proposed route or territory for
which the certificate is sought and the type of certificate being requested;
and
(c) The notice shall state the date the application will be filed and shall
contain the following statement: "Any person who has an interest in the
granting of a certificate in the territory sought to be served may protest the
granting of the certificate by writing the Transportation Cabinet, Office of
Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, within thirty
(30) days of the date of legal publication."
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 106, sec. 8, effective June 25, 2013. -Created 2012 Ky. Acts ch. 139, sec. 4, effective July 12, 2012.
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