390.062. Procedure for obtaining certificates, permits and rate relief — motion to intervene, when, content — ruling final, when — time extension.

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390.062. Procedure for obtaining certificates, permits and rate relief — motion to intervene, when, content — ruling final, when — time extension. — 1. The division, upon the filing of an application for a certificate under subsection 4 of section 390.051 , a permit under subsection 4 of section 390.061 , or the institution of a proceeding involving rate relief, except as provided in section 390.081 , shall cause notice thereof to be published and served by the mailing of a notice register showing the name and address of the party filing the pleading, the name and address of the attorney, the division's docket number and a concise statement of the issues contained therein.

Any interested party may obtain a copy of the pleading upon request to the director of the division.

2. Within fifteen days of the publication of an application, or other proceeding, any interested party may file a motion to intervene specifically setting forth its interest therein, including a statement of its authority, and that it is providing service thereunder.

3. If the proceeding is unopposed, the division may, in its discretion, take evidence by verified statement, and without hearing or other proceedings issue its final order.

4. If the proceeding is opposed, the division shall assign the matter for hearing to be held no later than forty-five days after filing unless an applicant requests or consents to a continuance, or in the alternative, may require the parties to adduce the evidence by verified statement and assign the matter for hearing to resolve factual conflicts.

5. The division shall issue its final order granting or denying the relief sought in whole or in part within ninety days after the submission of final arguments or else stand approved.

6. In the event the division shall designate an application as one of a complex nature requiring a substantial record, the division may, upon making such written finding, extend the period of time for issuing a decision an additional thirty days.

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(L. 1986 H.B. 1428)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008