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281.645 New application after denial of previous application.
(1)
(2)
(3)
When any application for a certificate or permit, or for an amendment thereto
has been heard and denied by the department, or approved by the department
and the final order of the department later set aside by a court of competent
jurisdiction, the department shall not accept another application concerning the
same or similar routes or service until the expiration of six (6) months from the
date of the original final order of the department, unless the denial was based
upon the applicant's failing to show that he was fit, willing and able.
In the event that at the time of denial, unless the denial was based upon the
applicant's failing to show that he was fit, willing and able, there is on file with
the department any other application concerning the same or similar routes or
service as that denied, the department shall take no further action upon such
application for a period of six (6) months from the date of denial unless the
hearing relative to such application has been concluded prior to the denial.
In no event shall the provisions of subsections (1) and (2) hereof be construed
to apply to any application which the commissioner has by order dismissed
without prejudice.
History: Amended 1960 Ky. Acts ch. 90, sec. 1. -- Amended 1954 Ky. Acts
ch. 188, sec. 5. -- Created 1950 Ky. Acts ch. 63, sec. 16, effective June 15,
1950.
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