WVC 24 A- 3 - 3
(a) Required; application; hearing; granting.
-- It shall
be unlawful for any contract carrier by motor vehicle to operate
within this state without first having obtained from the
commission a permit. Upon the filing of an application for such
permit, the commission shall fix a time and place for hearing
thereon: Provided, however,
That the commission may, after
giving notice as hereinafter provided and if no protest is
received, waive formal hearing on such application. Said notice
shall be by publication which shall state that formal hearing may
be waived in the absence of protest to such application. Such
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 publication
shall be the area of operation. Such notice shall be published
at least ten days prior to the date of hearing. After hearing or
waiver of hearing as aforesaid, as the case may be, the
commission shall grant or deny the permit prayed for or grant it
for the partial exercise only of the privilege sought, and may
attach to the exercise of the privilege granted by such permit
such terms and conditions as in its judgment are proper and will
carry out the purposes of this chapter. No permit shall be
granted unless the applicant has established to the satisfaction
of the commission that the privilege sought will not endanger the
safety of the public or unduly interfere with the use of the
highways or impair unduly the condition or unduly increase the
maintenance cost of such highways, directly or indirectly, or impair the efficient public service of any authorized common
carrier or common carriers adequately serving the same territory.
(b) Rules and regulations; evidence at hearing. -- The
commission shall prescribe such rules and regulations as it may
deem proper for the enforcement of the provisions of this section
and may designate any of its employees to take evidence at the
hearing on any application for a permit and submit findings of
fact as a part of report or reports to be made to the commission.
(c) Permit not franchise, etc.; assignment or transfer. --
No permit 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 permit issued under this chapter shall be
assigned or otherwise transferred without the approval of the
commission. Upon the death of a person holding a permit, his
personal representative or representatives may operate under such
permit while the same remains in force and effect and, with the
consent of the commission, may transfer such permit.
(d) 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 permit and an
opportunity to be heard, revoke or amend any permit.
(e) Notice of cessation or abandonment. -- Every contract
carrier by motor vehicle who shall cease operation or abandon his
rights under a permit issued shall notify the commission within
thirty days of such cessation or abandonment.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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