Permit standards - state and local.

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(1) The transportation commission shall adopt such rules and regulations as are necessary for the proper administration and enforcement of section 42-4-510 with regard to state permits.

(2) (a) Any permits which may be required by local authorities shall be issued in accordance with ordinances and resolutions adopted by the respective local authorities after a public hearing at which testimony is received from affected motor vehicle owners and operators. Notice of such public hearing shall be published in a newspaper having general circulation within the local authority's jurisdiction. Such notice shall not be less than eight days prior to the date of hearing. The publication shall not be placed in that portion of the newspaper in which legal notices or classified advertisements appear. Such notice shall state the purpose of the hearing, the time and place of the hearing, and that the general public, including motor vehicle owners and operators to be affected, may attend and make oral or written comments regarding the proposed ordinance or resolution. Notice of any subsequent hearing shall be published in the same manner as for the original hearing.

  1. At least thirty days prior to such public hearing, the local authority shall transmit acopy of the proposed ordinance or resolution to the department of transportation for its comments, and said department shall make such comments in writing to the local authority prior to such public hearing.

  2. A local authority that adopts or has adopted an ordinance or resolution governingpermits for the movement of oversize or overweight vehicles or loads shall file a copy of the ordinance or resolution with the department of transportation.

Source: L. 94: Entire title amended with relocations, p. 2338, § 1, effective January 1, 1995. L. 96: (2)(c) added, p. 1551, § 10, effective July 1. L. 2012: (2)(c) amended, (HB 121019), ch. 135, p. 468, § 11, effective July 1.

Editor's note: This section is similar to former § 42-4-409.1 as it existed prior to 1994.


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