HB2786 PS AM 2-3
Roskovensky 3338
The Committee on Political Subdivisions moves to amend the
bill on page 1, line 15, by striking everything after the enacting
clause and inserting in lieu thereof the following:
"
That §24A-2-5 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, to read as follows:
ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.
§24A-2-5. Certificate of convenience and necessity.
(a) Required; application; hearing; granting. -- It shall be
is unlawful for any common carrier by motor vehicle to operate
within this state without first having obtained from the commission
a certificate of convenience and necessity.
(b) Upon the filing of an application for such a certificate,
the commission shall set a time a and place for a hearing on the
application: Provided, That the commission may, after giving
proper notice and if no protest is received, waive formal hearing
on the application.
(c) Proper notice shall be by publication which shall state
that a formal hearing may be waived in the absence of a protest to
such the application. The notice shall be published as a Class I
legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for
such the publication shall be the proposed area of operation. The
notice shall be published at least ten days prior to the date of
the hearing.
(d) After the hearing or waiver by the commission of the
hearing, if the commission finds from the evidence that the public
convenience and necessity require the proposed service or any part
thereof, it shall issue the certificate as prayed for, or issue it
for the partial exercise only of the privilege sought, and may
attach to the exercise of the right granted by such a certificate
such the terms and conditions as in its judgment the public
convenience and necessity may require, and if the commission shall
be is of the opinion that the service rendered by any common
carrier holding a certificate of convenience and necessity over any
route or routes in this state is in any respect inadequate or
insufficient to met the public needs, such the certificate holder
shall be given reasonable time and opportunity to remedy such
inadequacy or insufficiency before any certificate shall be is
granted to an applicant proposing to operate over such the route or
routes as a common carrier.
(e) Before granting a certificate to a common carrier by motor
vehicle the commission shall take into consideration existing
transportation facilities in the territory for which a certificate is sought, and in case it finds from the evidence that the service
furnished by existing transportation facilities is reasonably
efficient and adequate, the commission shall not grant such a
certificate.
(f) Notwithstanding the above process, the commission shall
issue, upon application and a showing of fitness, a certificate for
taxi cab service to two separately owned business entities, that
shall service the same existing territory that includes a class two
municipality and land grant university enrolling at least 20,000
students.
(b) (g) Rules and regulations; taking evidence at hearings;
burden of proof. -- The commission shall prescribe such promulgate
rules and regulations as it may deem proper for the enforcement of
the provisions of this section and in establishing that public
convenience and necessity do exist the burden of proof shall be
upon is on the applicant. The commission may designate any of its
employees to take evidence at the application hearing of any
application for a certificate and submit findings of fact as a part
of a report or reports to be made to the commission.
(c) (h) Certificate not franchise, etc.; assignment or
transfer. -- No certificate issued in accordance with the terms of
this chapter shall be construed to be either a franchise or
irrevocable or to confer any proprietary or property rights in the use of the public highways. No certificate issued under this
chapter shall may be assigned or otherwise transferred without the
approval of the commission. Upon the death of a person holding a
certificate, his or her personal representative or representatives
may operate under such the certificate while the same remains in
force and effect and, with the consent of the commission, may
transfer such the certificate.
(d) (i) Suspension, revocation or amendment. -- The commission
may at any time, for good cause, suspend and, upon not less than
fifteen days' notice to the grantee of any certificate holder and
an opportunity to be heard, revoke or amend any certificate.
(e) The commission shall have the authority after hearing, to
ratify, approve and affirm those orders issued pursuant to this
section since March 10, nineteen hundred seventy-nine. For the
purposes of this subsection the commission may give notice by a
Class I legal advertisement of such a hearing in any newspaper or
newspapers of general circulation in this state, and such other
newspapers as the commission may designate."