Grounds for issuance or denial of certificate.

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An applicant applying for a certificate or applying to amend a certificate to operate as a motor vehicle common carrier may be approved upon a showing based on criteria established by the commission that the applicant is fit, willing, and able to perform appropriately the proposed service. If an intervenor shows or if the commission determines that the public convenience and necessity is being served already, the commission may deny the application. If the commission approves the issuance of a restricted certificate to operate, the reason for the restriction must be justified in writing.

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: 1983 Act No. 138 Section 18, eff March 1, 1984; 1988 Act No. 525, Section 2, eff May 18, 1988; 1989 Act No. 184, Section 6, eff June 8, 1989; 2006 Act No. 318, Section 145, eff May 24, 2006.


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