2022 South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 23 - Motor Vehicle Carriers
Section 58-23-210. Application for a certificate.

(A) An applicant applying for a certificate or applying to amend a certificate to operate as a motor vehicle common carrier must submit a written application to the commission on a form provided by the commission. The commission must post information regarding an application to apply for a certificate or amend a certificate for fifteen days immediately following receipt of the application. Any person who may be affected by the issuance or amendment of the requested certificate or amendment may file a written objection with the commission within fourteen days after the commission posts the notice regarding the application.

(B)(1) If no objection to an application is filed pursuant to subsection (A), the commission may meet to determine if the applicant is fit, willing, and able to perform the proposed service, upon a showing based upon criteria established by the commission. If the commission issues a directive approving the application, the Office of Regulatory Staff may then issue the certificate. The directive of the commission shall serve as the commission's order thirty days after issuance.

(2) If an objection is filed with the commission, the commission must hold a hearing to determine if the applicant is fit, willing, and able to perform the proposed service. The commission must publish a notice of hearing for an application for a certificate on the commission's website for not less than thirty days before the date of the hearing.

(C) If an application is denied, another application may not be made until at least six months have elapsed since the date of the denial.

HISTORY: 1962 Code Section 58-1411; 1952 Code Section 58-1411; 1942 Code Section 8509; 1932 Code Section 8509; 1925 (34) 252; 1930 (36) 1068; 1933 (38) 429; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 6, eff May 23, 2022.

Editor's Note

2022 Act No. 214, Section 25, provides as follows:

"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."

Effect of Amendment

2022 Act No. 214, Section 6, rewrote the section.