27 CAR pt. 110 | 27 CAR Part 110 — General Rules of Practice and Procedure and Special Rules Governing Carriers

Chapter V

Subchapter C

Subpart 1

27 CAR § 110-101 Scope of part {#sec-27-car-110-101 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-101}

27 CAR § 110-101. Scope of part.

This part shall govern procedure before the State Highway Commission in proceedings under rail, motor, and all other carrier regulator acts passed by the General Assembly of the state conferring jurisdiction upon the commission, unless otherwise directed by the commission in any proceeding.

27 CAR § 110-102 Definitions {#sec-27-car-110-102 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-102}

27 CAR § 110-102. Definitions.

As used in this part:

(1) "Acts" means, unless the context otherwise indicates, any statute which the State Highway Commission administers in whole or in part;

(2) "Applicant" means a person filing an application;

(3) "Defendant" means a carrier or other person against whom a complaint is filed;

(4) "Interested parties" shall in all cases include all carriers operating over the routes or any part thereof or in the territory involved in any application for a certificate of convenience and necessity or permit, or any application to file or change any schedule of rates, charges, fares, or any rule, regulations, or practice, and such other parties as may be deemed interested in the particular matter;

(5) "Intervener" means a person permitted to intervene;

(6) "Officer" means a commissioner or other person empowered by the State Highway Commission to act for it;

(7) ''Petitioner" means any person seeking relief otherwise than by complaint or application;

(8) "Plaintiff” means a person filing a complaint;

(9) "Pleading" means:

(A) A complaint;

(B) An answer;

(D) An application;

(E) A protest;

(F) A motion other than motion orally made at a hearing or argument;

(G) A petition; or

(H) A document supplementing oral hearing;

(10) "Proceeding" shall include:

(A) An informal or formal complaint alleging violation of any provision of any act or of any rule, regulation, or requirements made pursuant to a power granted by such act, including petitions;

(B) An application for:

(i) The granting of any right, privilege, authority, or relief under or from any provision of any act or of any rule or requirement made pursuant to a power granted by such act; or

(ii) The consideration of any submission required by law to be made to the State Highway Commission;

(D) Modified procedure;

(E) Show cause orders;

(F) Rulemaking; and

(G) Promulgation of rules and procedures for assessing public carriers and review of assessments of public carriers;

(11) "Protestant" means a person opposed to the granting of an application, or to any tariff or schedule becoming effective; and

(12) "Respondent" means a person designated in an investigation.

27 CAR § 110-103 Liberal construction {#sec-27-car-110-103 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-103}

27 CAR § 110-103. Liberal construction.

This part shall be liberally construed to secure just, speedy, and inexpensive determination of issues presented.

27 CAR § 110-104 Information — Special instructions {#sec-27-car-110-104 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-104}

27 CAR § 110-104. Information — Special instructions.

Information as to procedure under this part, and instructions supplementing this part in special instances, will be furnished upon application made to the secretary of the State Highway Commission.

27 CAR § 110-105 Office of the commission — Business hours {#sec-27-car-110-105 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-105}

27 CAR § 110-105. Office of the commission — Business hours.

(a) The principal office of the State Highway Commission is in Little Rock, Arkansas.

(b) The office shall be open during business hours each day, Saturdays, Sundays, and legal holidays excepted.

27 CAR § 110-106 Communications and pleadings generally {#sec-27-car-110-106 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-106}

27 CAR § 110-106. Communications and pleadings generally.

(a)(1) How addressed. All communications should be addressed to the State Highway Commission as follows:

Arkansas State Highway Commission

P.O. Box 2261

Little Rock, AR 72203

(2) All communications should clearly designate the docket number and style of case, if any.

(3) The person communicating shall state his or her address and the party he or she represents, if any.

(b) Timely filing required.

(1) Pleadings, requests, or other papers or documents required or permitted to be filed under this part must be received for filing at the commission’s offices at Little Rock, Arkansas, within the time limits, if any, for such filing.

(2) The date of receipt at the office of the commission, and not the date of deposit in the mail, is determinative.

(c) Disposition of — When defective. In any proceeding when, upon inspection, the commission is of the opinion that a pleading, document, or paper tendered for filing does not comply with this part, or if it be an application, does not sufficiently set forth required information, or is otherwise insufficient, the commission may decline to accept the pleading, document, or paper for filing and may return it unfiled, or the commission may accept it for filing and advise the person tendering it of the deficiency and require that the deficiency be corrected.

27 CAR § 110-107 General sessions {#sec-27-car-110-107 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-107}

27 CAR § 110-107. General sessions.

General sessions of the State Highway Commission for the transaction of its business will be held at its principal office on regular business days as scheduled by the commission.

27 CAR § 110-108 Special sessions {#sec-27-car-110-108 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-108}

27 CAR § 110-108. Special sessions.

Special sessions of the State Highway Commission for consultation or for the transaction of business may be held at any time and place as may be scheduled by the commission.

27 CAR § 110-109 Hearing, inquiry, or investigation {#sec-27-car-110-109 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-109}

27 CAR § 110-109. Hearing, inquiry, or investigation.

The State Highway Commission may, by one (1) or more of its members especially authorized, or by such other representatives as it may designate and authorize, conduct in any part of the State of Arkansas any inquiry, investigation, hearing, or other proceedings necessary to perform its duties and functions.

27 CAR § 110-110 Secretary — Duties {#sec-27-car-110-110 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-110}

27 CAR § 110-110. Secretary — Duties.

The secretary shall have custody of the State Highway Commission's seal and official records and shall be responsible for the maintenance and custody of the docket, files, and records of the commission, including the transcripts of testimony and exhibits with all papers and requests filed in proceedings, the minutes of all actions taken by the commission and all of its:

(1) Findings;

(2) Determinations;

(3) Reports;

(4) Opinions;

(5) Orders;

(6) Rules; and

(7) Approved forms.

27 CAR § 110-111 Secretary — Authentication {#sec-27-car-110-111 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-111}

27 CAR § 110-111. Secretary — Authentication.

All orders and other actions of the State Highway Commission shall be authenticated or signed by the secretary or such other person as may be authorized by the commission.

27 CAR § 110-112 Numbers assigned to proceedings {#sec-27-car-110-112 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-112}

27 CAR § 110-112. Numbers assigned to proceedings.

The secretary shall assign to each proceeding a number and title descriptive of the subject matter, which number and title will be placed on all notices issued, orders made, and papers filed in each proceeding.

27 CAR § 110-113 Dismissal of appeal — Notice to commission {#sec-27-car-110-113 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-113}

27 CAR § 110-113. Dismissal of appeal — Notice to commission.

(a) Any party appealing an order of the State Highway Commission who shall subsequently dismiss such appeal, shall promptly notify the commission in writing of the dismissal of such appeal.

(b) Any party appealing on order of the commission from a circuit court decision to an appellate court of the State of Arkansas shall promptly notify the commission in writing of such appeal being taken.

(c) Any party that has appealed an order of the commission to the circuit court or to an appellate court shall notify the commission within a reasonable time, not to exceed ten (10) days, of the decision entered by the circuit or appellate court.

27 CAR § 110-114 Use of gender and number {#sec-27-car-110-114 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-114}

27 CAR § 110-114. Use of gender and number.

(a) Words importing the singular number may extend to and be applied to several persons or things.

(b) Words importing the plural number may include the singular.

27 CAR § 110-115 Continuances {#sec-27-car-110-115 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-115}

27 CAR § 110-115. Continuances.

(a) After any proceeding has been set for hearing, no motion for continuance will be granted except for good cause shown.

(b) A motion for continuance shall be in writing and shall set forth the grounds for request.

(c) In no case will an agreement for continuance of a cause be recognized by the State Highway Commission unless the consent of the commission has been procured.

27 CAR § 110-116 Criteria for review of applications {#sec-27-car-110-116 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-116}

27 CAR § 110-116. Criteria for review of applications.

In reviewing any application for a new certificate or permit, the following criteria shall be used to determine whether the present or future public convenience and necessity will be served by the granting of such application:

(1) The ability of the applicant and his or her sense of responsibility toward the public;

(2) The financial condition of the applicant;

(3) The current level of service being maintained by any carrier authorized to provide such service;

(4) The stability of the applicant organization and the likelihood of permanent and continuous service being provided by the applicant;

(5) The effect of the proposed service upon other forms of transportation;

(6) The lack of service for a specific need within the area or business community; and

(7) Any other matters tending to show the need, or lack of need, of the proposed service.

Subpart 2

27 CAR § 110-201 Typographical specifications {#sec-27-car-110-201 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-201}

27 CAR § 110-201. Typographical specifications.

(a)(1) Except as otherwise provided, all pleadings, documents, and papers to be filed under this part shall be printed or typewritten, with a clear margin at the top and bottom.

(2) If typewritten, they shall be on paper eight and one-half inches by eleven inches (8 1/2" x 11”) in size.

(b) Where exhibits may require a larger sheet, those exhibits should be subject to reduction so that they may be clearly placed upon paper no larger than eight and one-half inches by eleven inches (8 1/2" x 11”).

27 CAR § 110-202 Copies {#sec-27-car-110-202 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-202}

27 CAR § 110-202. Copies.

Except when otherwise required in specific instances, there shall be filed an original and nine (9) copies of every pleading, document, or paper required or permitted to be filed under this part.

27 CAR § 110-203 Attestation and verification {#sec-27-car-110-203 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-203}

27 CAR § 110-203. Attestation and verification.

(a) All applications or amendments thereto shall be verified and all other pleadings or documents filed shall be verified except as provided in subsection (b) of this section.

(b) Attorney's signature.

(1) If a party is represented by an attorney, each pleading, document, or paper of such party shall be signed in ink by one such attorney whose address shall be stated.

(2) The signature of an attorney constitutes a certificate by him or her that:

(A) He or she has read the pleading, document, or paper;

(B) He or she is authorized to file it;

(D) It is not interposed for delay; and

(E) With respect to a complaint, he or she files it with the distinct knowledge and specific consent of plaintiff.

(3) A pleading, document, or paper thus signed need not be verified or accompanied by affidavit except as otherwise provided.

(1) A pleading, document, or paper not signed by an attorney must be signed in ink, the address of the signed shall be stated, and the facts alleged in a pleading must be verified under oath by the person in whose behalf it is filed.

(2) Signature and verification in such manner must be made by at least one (1) plaintiff if the pleading is a complaint.

(3) A pleading, document, or paper filed on behalf of a corporation or other organization authorized to make complaint under the act which is not signed by an attorney must be signed in ink, and the facts alleged in a pleading must be verified by an executive officer of such corporation or organization.

27 CAR § 110-204 Affirmation in lieu of oath {#sec-27-car-110-204 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-204}

27 CAR § 110-204. Affirmation in lieu of oath.

Whenever under this part an oath is required, an affirmation in judicial form will be accepted in lieu thereof.

27 CAR § 110-205 Pleadings part of record {#sec-27-car-110-205 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-205}

27 CAR § 110-205. Pleadings part of record.

(a) Recitals of material and relevant facts in a pleading filed prior to hearing in any proceeding, unless specifically denied in a counterpleading filed under this part, shall constitute evidence and be a part of the record without special admission or incorporation therein, but, if the request is seasonably made, a competent witness must be made available for cross examination on the allegations so included in the record.

(b) A filing under 27 CAR § 110-316 shall not be considered a pleading for the purpose of this section.

27 CAR § 110-206 Amendments {#sec-27-car-110-206 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-206}

27 CAR § 110-206. Amendments.

Leave to file amendments to any pleading will be allowed or denied by the State Highway Commission as a matter of discretion.

27 CAR § 110-207 Time — Computation {#sec-27-car-110-207 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-207}

27 CAR § 110-207. Time — Computation.

(a) In computing any period of time prescribed or allowed by this part, the day of the act, event, or default after which the designated period of time begins to run is not to be included.

(b) The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.

27 CAR § 110-208 Replies — Time of filing {#sec-27-car-110-208 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-208}

27 CAR § 110-208. Replies — Time of filing.

Except that a reply to a reply is not permitted, and except as otherwise provided, an adverse party may file and serve a reply to any pleading permitted under this part within ten (10) days after service of the pleading to which the reply is responsive.

27 CAR § 110-209 Service — Pleadings and papers to show {#sec-27-car-110-209 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-209}

27 CAR § 110-209. Service — Pleadings and papers to show.

(a) Every pleading, protest, intervention, or verified statement filed by any party and tendered to the State Highway Commission for filing shall include a certificate of the party or his or her attorney showing simultaneous service thereof upon all parties to the proceeding made by registered or certified mail with return receipt required.

(b) The return receipt or a photocopy thereof shall be filed with the commission.

(c) Applications, formal complaints, supplemental complaints, amended complaints, cross complaints, and letters to the commission relating to oral arguments and subpoenas, when service is required, may be served by depositing same in the United States Postal Service with sufficient postage attached thereto to ensure delivery and a certification of such service signed by the applicant or his or her attorney.

Subpart 3

27 CAR § 110-301 Informal complaints {#sec-27-car-110-301 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-301}

27 CAR § 110-301. Informal complaints.

(a) Form and content.

(1) Informal complaints may be by letter or other writing.

(2) No form of informal complaint is suggested but, in substance, the letter or other writing must contain the essential elements of a formal complaint.

(3) It may embrace supporting papers.

(4) It need not be verified.

(b) Correspondence handling. If the informal complaint appears to be susceptible of settlement, a copy of a statement of the substance thereof will be transmitted by the State Highway Commission to each person complained of in an endeavor to have it satisfied by correspondence and thus obviate the filing of a formal complaint.

(c) Discontinuance without prejudice. A proceeding thus instituted on the informal docket is without prejudice to plaintiff’s right to file and prosecute a formal complaint, in which event the proceeding on the informal docket will be discontinued.

27 CAR § 110-302 Formal complaints — Copies {#sec-27-car-110-302 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-302}

27 CAR § 110-302. Formal complaints — Copies.

The original of each formal complaint, amended or supplemental formal complaint, or cross complaint must be accompanied by copies in sufficient number to enable the State Highway Commission to serve one (1) copy upon each defendant and retain nine (9) copies in addition to the original.

27 CAR § 110-303 Formal complaints — Joinder {#sec-27-car-110-303 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-303}

27 CAR § 110-303. Formal complaints — Joinder.

(a) Causes of action. Two (2) or more grounds of complaint concerning the same principal, subject, or state of facts may be included in one (1) complaint but should be stated separately and numbered.

(b) Plaintiffs. Two (2) or more plaintiffs may join in one (1) complaint if their respective causes of action are against the same defendant or defendants and concern substantially the same alleged violation of the act and a like state of facts.

(1) If complaint is made with respect to through transportation by continuous carriage or shipment, all persons subject to the act participating therein and against whom an order is sought should be made defendants.

(2) If complaint is made of a classification or any provision thereof, ordinarily it will suffice to make defendants the persons operating one (1) or more through routes between representative points of origin and destination.

27 CAR § 110-304 Formal complaints — Allegations generally {#sec-27-car-110-304 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-304}

27 CAR § 110-304. Formal complaints — Allegations generally.

(a) A formal complaint should be so drawn as fully and completely to advise the parties, defendant, and the State Highway Commission in what respects the provisions of the act have been or are violated or will be violated and should set forth briefly and in plain language the facts claimed to constitute such violation.

(b) If two (2) or more acts or requirements established pursuant thereto are alleged to be violated, the facts claimed to constitute violation of each act or requirement should be stated separately whenever that can be done by reference or otherwise without undue repetition.

27 CAR § 110-305 Formal complaints — Discrimination, preference, and prejudice {#sec-27-car-110-305 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-305}

27 CAR § 110-305. Formal complaints — Discrimination, preference, and prejudice.

A complaint that alleges an act is violated because of an undue or unreasonable preference of advantage, undue or unreasonable prejudice or disadvantage, or unjust discrimination should specify clearly the particular elements stated in the act as constituting such violation and the facts which complainant relies upon to establish it.

27 CAR § 110-306 Formal complaints — Other specification {#sec-27-car-110-306 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-306}

27 CAR § 110-306. Formal complaints — Other specification.

The several rates, fares, charges, schedules, classifications, rules, or practice of which complaint is made should be set out by specific reference to the tariffs or schedules in which they appear, whenever that is practicable.

27 CAR § 110-307 Formal complaints — Prayers for relief {#sec-27-car-110-307 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-307}

27 CAR § 110-307. Formal complaints — Prayers for relief.

(a) A formal complaint in which relief for the future is sought should contain a detailed statement of the relief desired.

(b) Relief in the alternative or several different types may be demanded, but the issues raised in the formal complaint should not be broader than those to which the complainant's evidence is to be directed at the hearing.

27 CAR § 110-308 Amended and supplemental formal complaints {#sec-27-car-110-308 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-308}

27 CAR § 110-308. Amended and supplemental formal complaints.

An amended or supplemental complaint may be tendered for filing by a plaintiff against a defendant or defendants named in the original complaint, stating a cause of complaint alleged to have accrued within the statutory period immediately preceding the date of such tender, in favor of plaintiff and against the defendant or defendants.

27 CAR § 110-309 Service of formal and cross complaints {#sec-27-car-110-309 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-309}

27 CAR § 110-309. Service of formal and cross complaints.

(a) The State Highway Commission will serve formal complaints.

(b) It will also serve supplemental, amended, and cross complaints when it has granted leave to file such pleadings.

(d) If the complaint involves only the lawfulness of rates, fares, charges, classifications, or practices, service may be made upon an attorney in fact of a carrier or freight forwarder who has filed a tariff or schedule on behalf of such carrier or freight forwarder.

27 CAR § 110-310 Answers and cross complaints {#sec-27-car-110-310 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-310}

27 CAR § 110-310. Answers and cross complaints.

(a) Generally.

(1) An answer may simultaneously be responsive to a formal complaint and to any amendment or supplement thereof.

(2) It should be drawn fully and completely so as to advise the parties and the State Highway Commission of the nature of the defense and should admit or deny specifically and in detail each material allegation of the pleading answered.

(3) An answer may embrace a detailed statement of any counterproposal which a defendant may desire to submit.

(b) Cross complaint. A cross complaint alleging that other persons, parties to the proceedings, have violated the act or requirements established pursuant thereto, or seeking relief against them under the act, may be tendered for filing by a defendant with its answer.

(1) Should be filed within ten (10) days after the day on which the complaint to which answer is filed was served; and

(2) Must show service of a copy thereof on each complainant or his or her attorney by registered mail.

(d) When issue joined. If any defendant answers or fails to file and serve answer within the period specified in subsection (c) of this section, issue thereby is joined as to such defendant.

27 CAR § 110-311 Motions to make more definite and certain {#sec-27-car-110-311 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-311}

27 CAR § 110-311. Motions to make more definite and certain.

(a) As to complaint. Before filing his or her answer, a defendant may file a motion that the allegations in the complaint be made more definite and certain, such motion to point out the defects complained of and the details desired.

(b) As to answer. No replication to the answer shall be filed, but any party may file within ten (10) days after the service of an answer, a motion that the answer, or defendant's statement, as the case may be, be made more definite and certain, such motion to point out the defects complained of and the details desired.

27 CAR § 110-312 Interventions — Petitions {#sec-27-car-110-312 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-312}

27 CAR § 110-312. Interventions — Petitions.

(a) Content generally.

(1) A petition for leave to intervene must set forth:

(A) The grounds of the proposed intervention;

(B) The position and the interest of the petitioner in the proceeding; and

(2) If the proceeding be by formal complaint and affirmative relief be sought by petitioner, the petition should conform to the requirements for a formal complaint.

(b) When filed.

(1) A petition for leave to intervene in any proceeding should be filed not less than twenty (20) days after the official date of filing, except for good cause shown.

(2) Such intervention must show service of a copy on the interested parties or their attorneys by registered or certified mail with return receipt required.

(3) The return receipt or a photocopy thereof must be filed with the State Highway Commission by said intervener.

(c) Broadening issues — Filing. If the petitioner seeks a broadening of the issues and shows that they would not hereby be unduly broadened, and in respect thereof seeks affirmative relief, the petition should be filed in season to permit service upon an answer by the parties in advance of the hearing.

(d) Disposition.

(1) Leave will not be granted to intervene except on averments reasonably pertinent to the issues already presented and which do not unduly broaden them.

(2) If leave is granted, the petitioner thereby becomes an intervener and a party to the proceeding.

27 CAR § 110-313 Satisfaction of complaint {#sec-27-car-110-313 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-313}

27 CAR § 110-313. Satisfaction of complaint.

If a defendant satisfies a formal complaint either before or after answering, a statement to that effect signed by the opposing parties must be filed (original only need be filed), setting forth when and how the complaint has been satisfied.

27 CAR § 110-314 Applications {#sec-27-car-110-314 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-314}

27 CAR § 110-314. Applications.

(a) Contents.

(1) Forms for applications for certificates, permits, and transfers may be obtained from the State Highway Commission upon request.

(2) An application filed with the commission shall set forth with specificity the:

(A) Grounds upon which the application is made;

(B) Interest of the applicant in the subject matter; and

(b) Date of filing.

(1) The official date of filing of any application with the commission shall be the third calendar day after the date contained within the notice of filing sent to the newspaper for publication and all interested parties.

(2) This date shall be used for the purpose of calculating all dates upon which other matters to be filed as part of the application process are due.

(1)(A) The verified statement of the applicant and each known supporting witness shall be filed with the commission fifteen (15) calendar days from filing date.

(B) The requirement of a verified statement may be waived at the discretion of the commission upon written request by the applicant.

(2) Verified statement of the applicant shall contain but not be limited to the following:

(A) Legal name and business address;

(B) Identity and qualifications of testifying witness;

(D)(i) General scope of presently authorized operations (attach copies of pertinent operating rights);

(ii) Duplicating authority resulting from grant of application.

(iii) Dual operations resulting from grant of application.

(iv)(a) Affiliation with other carriers and persons affiliated with carriers.

(b) Indicate pertinent MC numbers and docket number of finance proceedings.

(E) Pertinent terminal facilities and communications network;

(F) Pertinent equipment;

(G) Safety program;

(H) Service now provided to supporting witnesses;

(I) Type of service offered, e.g., LTL, bulk, multiple delivery, interline, etc.;

(J) Financial data (current balance sheet and income statement);

(K) Feasibility of operation;

(L) Any other information deemed pertinent;

(M) Argument (if desired);

(N) Verification; and

(O) Certificate of service and list of parties’ names and addresses.

(3) Verified statements of supporting shippers shall contain, but not be limited to, the following:

(A) Legal name and business address of supporting party or firm;

(B) Identity and qualifications of testifying witness;

(D) The specific commodity shipped or received by that business;

(E) The volume and frequency of traffic;

(F) The amount of traffic to be tendered to the applicant, giving specific or representative origins and destinations;

(G) How the traffic now moves in intrastate commerce;

(H) The type of service required from the applicant, e.g., bulk, LTL, multiple delivery, etc.;

(I) The existing service available and specific information on discrepancies in service from currently authorized carriers;

(J) Similar applications supported, including pertinent docket numbers;

(K) Any other information deemed pertinent by the witness; and

(L) Verification and certificate of service.

(d) Witness list.

(1) A list of witnesses to be called by the applicant in support of its application shall be filed with the commission at a time set out in the written policy and procedure of the commission.

(2)(A) Only those witnesses whose names appear on the list supplied by the applicant will be allowed to testify at the hearing before the commission.

(B) Other witnesses may be allowed to testify by leave of the commission.

(3) A list of witnesses filed by the applicant shall be exchanged with the protestant five (5) working days prior to hearing date.

(4) Failure of the applicant to provide the protestant or other parties the list of witnesses to be called may be grounds for dismissal or postponement of the case.

(e) Refiling after denial. When an application for a permit or certificate has been denied in whole or in part, or has been granted, and an order of the commission granting the same has been quashed or set aside, another application by the same petitioner or applicant over the same route or territory will not be considered by the commission within ninety (90) days from the date of the order denying the same or the judgment of the court quashing or setting aside the order.

History

Codification Notes: “LTL” means less-than-truckload. Authority: Arkansas Code § 23-13-208

27 CAR § 110-315 Protests against applications {#sec-27-car-110-315 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-315}

27 CAR § 110-315. Protests against applications.

(a) Contents. A protest against the granting of any application filed before the State Highway Commission shall set forth specifically the grounds upon which the protestant relied and shall further state concisely the interest of the protestant in the proceedings.

(b) Time of filing. Any protest or intervention must be filed with the commission on or before the tenth day following the date of notice of application, pursuant to 27 CAR § 110-314(b).

(1) Verified statements of the protestant and each known supporting witness shall be filed with the commission twenty-five (25) calendar days from filing date.

(2) The requirement of a verified statement may be waived at the discretion of the commission upon written request by the protestant.

(3) Verified statements of the protestant shall contain but not be limited to the following:

(A) Legal name and business address;

(B) Identity and qualifications of testifying witness;

(D) Pertinent terminals and communications network;

(E) Pertinent equipment;

(F) Type of service offered, e.g., LTL, bulk, interline, etc.;

(G) Traffic subject to diversion if application is granted, including specific information on attempts of the protestant to secure the business of the supporting shipper;

(H) Any other information pertinent to the application; and

(I) Verification and certificate of service.

(d) Witness list.

(1) A list of witnesses who will appear on behalf of the protestant shall be filed with the commission at a time set out in the written policy and procedure of the commission.

(2)(A) Only those witnesses whose names appear on the list supplied by the protestant shall be allowed to testify at the hearing before the commission.

(B) Other witnesses may be allowed to testify by leave of the commission.

(3) A list of witnesses filed by the protestant shall be exchanged with the applicant five (5) working days prior to the hearing date.

(4) Failure to provide the other party or parties with a list of witnesses to be called may be grounds for dismissal or postponement of the case.

(e) When rule disregarded. For good cause shown, an application may be set down for hearing without waiting for the filing of a protest or a reply thereto, and may also be disposed of without regard to subsection (c) of this section unless a hearing is required by the Arkansas Motor Carrier Act, 1955, Arkansas Code § 23-13-201 et seq.

History

Codification Notes: “LTL” means less-than-truckload. Authority: Arkansas Code § 23-13-208

27 CAR § 110-316 Petitions for suspension of tariffs or schedules {#sec-27-car-110-316 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-316}

27 CAR § 110-316. Petitions for suspension of tariffs or schedules.

(a) Content.

(1) The protested tariff or schedule sought to be suspended should be identified by making reference to the name of the publishing carrier, freight forwarder, or agent, to the State Highway Commission number, and to the specific items or particular provisions protested.

(2) Reference should also be made to the tariff or schedule and the specific provisions thereof proposed to be superseded.

(3) The protest should:

(A) State the grounds in support thereof;

(B) Indicate in what respect the protested tariff or schedule is considered to be unlawful; and

(b) Time of filing.

(1) A protest against, and a prayer for suspension of, any tariff or schedule filed under the act ordinarily will not be considered unless made in writing with the commission at least ten (10) days prior to the effective date of the tariff or schedule.

(2) In an emergency satisfactorily shown by protestant, and within the time limits herein provided, a telegraphic protest may be sent to the commission and to the publishing carrier, freight forwarder, or agent stating the grounds relied upon, but such telegraphic protest must immediately be confirmed by protest filed and served in accordance with this part.

27 CAR § 110-317 Petitions not otherwise covered {#sec-27-car-110-317 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-317}

27 CAR § 110-317. Petitions not otherwise covered.

When the subject matter of any desired relief is not specifically covered by this part, a petition seeking such relief and stating the reasons therefor may be served and filed.

27 CAR § 110-318 Service of investigation order — Default where failure to comply {#sec-27-car-110-318 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-318}

27 CAR § 110-318. Service of investigation order — Default where failure to comply.

(a) An order instituting an investigation will be served by the State Highway Commission upon respondents.

(b) If within a time period stated in that order a respondent fails to comply with any requirement specified therein, respondent shall be deemed in default and to have waived any further hearing.

Subpart 4

27 CAR § 110-401 Petitions seeking institution of rulemaking proceedings {#sec-27-car-110-401 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-401}

27 CAR § 110-401. Petitions seeking institution of rulemaking proceedings.

(a) Any person may file a petition requesting the State Highway Commission to institute a proceeding, or the commission on its own motion may institute a proceeding for the purpose of issuing statements or rules of general applicability and significance designed to implement or interpret law or to formulate general policy for future effect.

(b) No reply to such a petition may be filed.

(c) Whether a proceeding shall be instituted as requested is within the discretion of the commission and the ruling on the petition will be final.

Subpart 5

27 CAR § 110-501 Modified procedure — How initiated {#sec-27-car-110-501 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-501}

27 CAR § 110-501. Modified procedure — How initiated.

(a) Petition on commission initiative. Modified procedure will be ordered in a proceeding upon the State Highway Commission's initiative or upon its approval of a petition filed by any party that the modified procedure shall be observed.

(b) Order directing modified procedure.

(1) An order directing modified procedure will list the names and addresses of the persons who at that time are parties to the proceeding and direct that they comply with the modified procedure rules.

(2) As used in 27 CAR §§ 110-705, 110-707, and 110-709, the term "complainant" shall comprehend the term "applicant" or "respondent", and the term "dependent" shall include the term "protestant" according to procedure under 27 CAR §§ 110-701 – 110-710 inclusive may be ordered in a particular proceeding.

27 CAR § 110-502 Modified procedure — Effect of order {#sec-27-car-110-502 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-502}

27 CAR § 110-502. Modified procedure — Effect of order.

(a) Relief from answer rule. Issuance of an order directing modified procedure shall relieve defendant from the obligation of answering as provided in 27 CAR § 110-309.

(b) Default where failure to comply.

(1) If within any time period provided in the modified procedure rules a party fails to file a pleading required by those rules, or otherwise fails to comply therewith, such party shall be deemed to be in default and to have waived any further hearing.

(2) Thereafter, the proceeding may be disposed of without further notice to the defaulting party and without other formal proceedings as to such party.

27 CAR § 110-503 Modified procedure — Intervention {#sec-27-car-110-503 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-503}

27 CAR § 110-503. Modified procedure — Intervention.

Persons permitted to intervene under modified procedure shall file and serve pleadings in conformity with the provisions relating to the parties in whose behalf they intervene.

27 CAR § 110-504 Modified procedure — Joint pleadings {#sec-27-car-110-504 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-504}

27 CAR § 110-504. Modified procedure — Joint pleadings.

Parties having common interests may arrange for joint preparation of pleadings ruled under modified procedure.

27 CAR § 110-505 Modified procedure — Content of pleadings {#sec-27-car-110-505 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-505}

27 CAR § 110-505. Modified procedure — Content of pleadings.

(a) Generally.

(1) A statement ruled under the modified procedure after that procedure has been directed shall state separately the facts and arguments and include the exhibits upon which the party relies.

(2) If no answer has been filed pursuant to the waiver provision of 27 CAR § 110-702, defendant's statement must admit or deny specifically and in detail each material allegation of the complaint.

(3) In addition, defendant's statement and complainant's statement in reply shall specify those statements of facts and arguments of the opposite party to which exception is taken and include a statement of the facts and arguments in support of such exception.

(4) Complainant's statement of reply shall be confined to rebuttal of the defendant's statement.

(b) Exhibit identification. In addition to being in compliance with 27 CAR § 110-901, an exhibit which is part of any pleading filed under modified procedure shall serially be numbered and bear the notation, properly filled out, in the upper right-hand corner:

Complainant (Defendant)________________

Exhibit No.____________________________

Witness______________________________

27 CAR § 110-506 Modified procedure — Verification {#sec-27-car-110-506 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-506}

27 CAR § 110-506. Modified procedure — Verification.

(a) The facts asserted in any pleading filed under modified procedure must be sworn to by persons having knowledge thereof, which latter fact must affirmatively appear in the affidavit.

(b) Except under unusual circumstances, such persons should be those who would appear as witnesses orally to substantiate the facts asserted should hearing become necessary.

(c) The original of any pleading filed under modified procedure must show the signature, capacity, and impression seal, if any, of the person administering the oath and the date thereof.

27 CAR § 110-507 Modified procedure — When pleadings filed and served {#sec-27-car-110-507 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-507}

27 CAR § 110-507. Modified procedure — When pleadings filed and served.

(a) Within twenty (20) days from the date of an order requiring modified procedure, applicant shall serve upon the other parties a statement of all of the evidence upon which it relies.

(b) Within thirty (30) days thereafter, protestant shall serve its statement.

(d) No further reply may be made by any party except by permission of the State Highway Commission.

27 CAR § 110-508 Modified procedure — Copies of pleadings {#sec-27-car-110-508 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-508}

27 CAR § 110-508. Modified procedure — Copies of pleadings.

(a) The original and nine (9) copies of any statement made pursuant to 27 CAR § 110-707 shall be filed with the State Highway Commission.

(b) Subsequent pleadings are subject to 27 CAR § 110-710.

27 CAR § 110-509 Modified procedure hearings {#sec-27-car-110-509 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-509}

27 CAR § 110-509. Modified procedure hearings.

(a) Request for cross examination or other hearing.

(1) If cross examination of any witness is desired, the name of the witness and the subject matter of the desired cross examination shall, together with any other request for oral hearing, include the basis therefor and be stated at the end of the defendant's statement or complainant's statement in reply as the case may be.

(2) Unless material facts are in dispute, oral hearing will not be held for the sole purpose of cross examination.

(b) Hearing issues limited. The order setting the proceeding for oral hearing, if hearing is deemed necessary, will specify the matters upon which the parties are not in agreement and respecting which oral evidence is to be introduced.

27 CAR § 110-510 Modified procedure — Subsequent procedure {#sec-27-car-110-510 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-510}

27 CAR § 110-510. Modified procedure — Subsequent procedure.

Procedure subsequent to that provided in the modified procedure rules shall be the same as that in proceedings not handled under modified procedure.

Subpart 6

27 CAR § 110-601 Notice of hearing {#sec-27-car-110-601 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-601}

27 CAR § 110-601. Notice of hearing.

(a) On orders of the State Highway Commission, the secretary shall issue all notices of hearings and other process as may be directed by the commission.

(b) All notices of sessions and hearings shall be served upon the parties and such other interested parties as may be entitled to receive notice and shall show the time and place of the hearing.

27 CAR § 110-602 Subpoenas {#sec-27-car-110-602 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-602}

27 CAR § 110-602. Subpoenas.

(a) Issuance.

(1) Subpoenas requiring the attendance of a witness from any place in the state at any designated place of hearing for the purpose of taking the testimony of such witness orally before the State Highway Commission or one (1) or more commissioners or examiner may be issued by any commissioner, examiner, or the secretary.

(2) Subpoenas for the production of books, accounts, papers, and other documents, unless directed to be issued by the commission upon its own motion, will only be issued in the discretion of the commission, commissioners, or examiner upon written petition which shall state as nearly as possible the books, accounts, papers, and other documents desired to be produced and the purpose of their production.

(3) No original subpoenas shall be issued by the commission or any of the officers authorized to issue subpoenas unless the applicant therefor first establishes that he or she has a proper relation to the matter, and unless said applicant for subpoena gives the names and addresses of all witnesses for whose attendance the power of the commission is invoked, which names and addresses shall be inserted in the original subpoena.

(4) Copy of said original subpoena shall be filed in the papers in the proper action.

(5) Request by mail or wire from proper applicant conforming to this section is sufficient.

(6) In no case shall blank-signed and sealed original subpoenas be issued to anyone.

(7) When a witness is present, he or she may be called by either party or by the commission.

(b) Service. The original subpoena shall be exhibited to the person served and shall be read to him or her if he or she is unable to read, and a copy thereof shall be delivered to him or her by the officer or person making service.

(1) If service of subpoena is made by court officer or his or her deputy, such service shall be evidenced by his or her return thereon.

(2) If made by any other person, such person shall make affidavit thereof, stating the date, time, and manner of service, and return such affidavit on, or with, the original subpoena.

(3) In case of failure to make service, the reasons for the failure shall be stated on the original subpoena.

(4) The written acceptance of a subpoena by the person named therein shall be sufficient without other evidence of return.

(5) The original subpoena, bearing or accompanied by the required return, affidavit, statement, or acceptance of service, shall be returned forthwith to the secretary of the commission or, if so directed on the subpoena, to the officer presiding at the hearing at which the person subpoenaed is required to appear.

(d) Witness fee. A witness who is summoned and responds thereto is entitled to the same fee as is paid for like service in the courts of the State of Arkansas, such fee to be paid by the party at whose instance the testimony is to be taken at the time the subpoena is served.

27 CAR § 110-603 Depositions {#sec-27-car-110-603 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-603}

27 CAR § 110-603. Depositions.

(a) The testimony of a witness may be taken by deposition at the instance of any party in any proceeding pending before the State Highway Commission or at the instance of the commission.

(b) All depositions shall be taken and filed with the same formalities and notice as are required in instances where depositions are taken for use in courts of law or equity, unless taken by consent.

Subpart 7

27 CAR § 110-701 Prehearing conference {#sec-27-car-110-701 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-701}

27 CAR § 110-701. Prehearing conference.

(a) Purposes. Upon written notice by the State Highway Commission in any proceeding or upon written or oral instruction of an officer, parties or their attorneys may be directed to appear before an officer at a specified time and place for a conference prior to or during the course of a hearing or in lieu of personally appearing to submit suggestions in writing for the purpose of formulating issues and considering:

(1) The simplification of issues;

(2) The necessity or desirability of amending the pleading either for the purpose of clarification, amplification, or limitation;

(3) The possibility of making admissions of certain averments of fact or stipulations concerning the use by either or both parties of matters of public record, such as annual reports and the like, to the end of avoiding the unnecessary introduction of proof;

(4) The procedure at the hearing;

(5) The limitation of the number of witnesses;

(6) The propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits; and

(7) Such other matters as may aid in the simplification of the evidence and disposition of the proceeding.

(b) Facts disclosed privileged. Facts disclosed in the course of the prehearing conference are privileged and, except by argument, shall not be used against participating parties either before the commission or elsewhere unless fully substantiated by other evidence.

(c) Recordation and order. Action taken at the conference, including a recitation of the amendments allowed to the pleadings and the agreements made by the parties as to any of the matters considered and defining the issues, shall be recorded in an appropriate order unless the parties enter into a written stipulation as to such matters or agree to a statement thereof made on the record by the officer.

(d) Objections to the order — Subsequent proceedings.

(1) If an order is entered, a reasonable time shall be allowed to the parties to present objections on the ground that it does not fully or correctly embody the agreements reached at such conference.

(2) Thereafter, the terms of the order or modification thereof and the written stipulation or statement of the officer, as the case may be, shall determine the subsequent course of the proceeding, unless modified to prevent manifest injustice.

27 CAR § 110-702 Stipulations {#sec-27-car-110-702 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-702}

27 CAR § 110-702. Stipulations.

(a) Apart from the procedure contemplated by the prehearing provisions (27 CAR § 110-714), and upon permission granted, the parties may by stipulation in writing filed with the State Highway Commission at any stage of the proceeding, or orally made at the hearing, agree upon any pertinent facts in the proceeding.

(b) It is desired that the facts be thus agreed upon so far as and whenever practicable.

27 CAR § 110-703 Authority of officer {#sec-27-car-110-703 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-703}

27 CAR § 110-703. Authority of officer.

(a) An officer to whom any matter has been referred may grant leave to amend or to file any pleadings or to intervene, upon request tendered at the hearing, but in no event shall an officer grant such leave if thereby the issues would be so narrowed as to make a referred matter one which would properly be referred to a different officer.

(b) An officer shall have no power to decide any motion to dismiss the proceeding or other motion which involves final determination of the merits of the proceeding.

(c) The officer shall regulate the procedure in the hearing before him or her and take all measures necessary or proper for the efficient performance of the duties assigned him or her.

27 CAR § 110-704 Appearances {#sec-27-car-110-704 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-704}

27 CAR § 110-704. Appearances.

(a) Any individual may appear for himself or herself and any member of a partnership which is a party to any proceeding may appear for such partnership upon adequate identification.

(b) A bona fide officer or a full-time employee of a corporation, association, or of an individual may appear for such corporation, association, or individual by permission of the officer presiding at the hearing.

(1) An attorney licensed to practice before the Supreme Court; or

(2) An attorney not licensed to practice before the Supreme Court, but who is licensed to practice before the highest court of the state of his or her residence, provided such attorney associates with local counsel admitted to practice before the Supreme Court, to assist him or her in the conduct of any proceeding before the State Highway Commission.

27 CAR § 110-705 Witness examination — Order of procedure {#sec-27-car-110-705 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-705}

27 CAR § 110-705. Witness examination — Order of procedure.

(a) Witnesses will be orally examined under oath before the State Highway Commission or officer unless their testimony is taken by deposition.

(b) In formal complaint, application, and investigation proceedings, complainant, applicant, and respondent, respectively, shall open and close the hearing.

(d) The foregoing order of presentation may be varied by the commission or officer who also shall designate the order of presentation in any other type of proceeding, of any other party to any proceeding, or of parties to several proceedings being heard upon a consolidated record.

27 CAR § 110-706 Evidence — Admissibility generally {#sec-27-car-110-706 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-706}

27 CAR § 110-706. Evidence — Admissibility generally.

(a) Any evidence which would be admissible under the Arkansas Code of 1987, as amended, or under the rules of evidence governing proceedings in matters not involving trial by jury in the courts of the state, shall be admissible in hearings before the State Highway Commission.

(b) The rules of evidence shall be applied to any proceeding to the end that needful and proper evidence shall be conveniently, inexpensively, and speedily produced, while preserving the substantial rights of the parties.

27 CAR § 110-707 Evidence — Cumulative restriction {#sec-27-car-110-707 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-707}

27 CAR § 110-707. Evidence — Cumulative restriction.

The right is reserved to limit the number of witnesses whose testimony may be merely cumulative.

27 CAR § 110-708 Evidence — Official records {#sec-27-car-110-708 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-708}

27 CAR § 110-708. Evidence — Official records.

(a) An official record or an entry therein, when admissible for any purpose, may be:

(1) Evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his or her deputy; and

(2) Accompanied with a certificate that such officer has the custody.

(b) If the office in which the record is kept is within the United States or within a territory or insular possession subject to the dominion of the United States, the certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office and having official duties in the district of political subdivision in which the record is kept, authenticated by the seal of his or her office.

(c) If the office in which the record is kept is in a foreign state or country, the certificate may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the United States stationed in the foreign state or country in which the record is kept, and authenticated by the seal of his or her office.

(d) A written statement signed by an officer having the custody of an official record or by his or her deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his or her office, accompanied by a certificate as above provided, is admissible as evidence that the records of his or her office contain no such record or entry.

(e) This section does not prevent the proof of official records or of entry or lack of entry therein or official notice thereof by a method authorized by any applicable statute or by the rules of evidence.

27 CAR § 110-709 Evidence — Entries in regular course of business {#sec-27-car-110-709 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-709}

27 CAR § 110-709. Evidence — Entries in regular course of business.

Any writing of record, whether in the form of any entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event will be admissible as evidence thereof if it shall appear that it was made in the regular course of business and that it was the regular course of business to make such memorandum or record at the time such record was made within a reasonable time thereafter.

27 CAR § 110-710 Evidence — Documents containing matter not material {#sec-27-car-110-710 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-710}

27 CAR § 110-710. Evidence — Documents containing matter not material.

(a) When material and relevant matter offered in evidence is in a document containing other material not relevant, the offering party shall:

(1) Produce the document at the hearing;

(2) Plainly designate the matter so offered; and

(3) Accord an opportunity to inspect it.

(b) Unless it is desired to read such matter into the record and the State Highway Commission or the officer so directs, true copies in proper form of the material and relevant matter taken from the document may be received as an exhibit, but other parties shall be afforded an opportunity to introduce in evidence, in like manner, other portions of such document if found to be material and relevant.

27 CAR § 110-711 Evidence — Documents in commission’s files {#sec-27-car-110-711 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-711}

27 CAR § 110-711. Evidence — Documents in commission’s files.

(a) In general. If any matter contained in a report or other document, not a tariff or schedule, open to public inspection in the files of the State Highway Commission is offered in evidence, such report or other document need not be produced, but in other respects the provisions of 27 CAR § 110-710 will apply.

(b) Tariffs and schedules — Official notice in investigation proceedings.

(1) If any matter contained in a tariff or schedule on file with the commission is offered in evidence, such tariff or schedule need not be produced or marked for identification, but the matter so offered shall be specified with particularity in such manner as to be readily identified and may be received in evidence subject to check by reference to the original tariff or schedule.

(2) Official notice will be taken without offer or production of that portion of any tariff or schedule which is the subject matter of an order of investigation and suspension.

27 CAR § 110-712 Evidence — Records in other commission proceedings {#sec-27-car-110-712 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-712}

27 CAR § 110-712. Evidence — Records in other commission proceedings.

(a) If any portion of the record before the State Highway Commission in any proceeding other than the one on hearing is offered in evidence, a true copy of such portion shall be presented for the record in the form of an exhibit unless:

(1) The party offering the same agrees to supply such copy later at his or her own expense if and when required by the commission;

(2) The portion is specified with particularity in such manner as to be readily identified;

(3) The parties represented at the hearing stipulate upon the record that such portion may be incorporated by reference, and that any other portion offered by any other party may be incorporated by like reference subject to subdivisions (a)(1) and (2) of this section; and

(4) The commission or officer directs such incorporation.

(b) Any such portion so offered, whether in the form of an exhibit or by reference, shall be subject to objection.

27 CAR § 110-713 Evidence — Abstracts of documents {#sec-27-car-110-713 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-713}

27 CAR § 110-713. Evidence — Abstracts of documents.

When documents such as freight bills or bills of lading are numerous, the State Highway Commission or officer may refuse to receive in evidence other than a limited number of such documents said to be typical.

27 CAR § 110-714 Evidence — Exhibits {#sec-27-car-110-714 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-714}

27 CAR § 110-714. Evidence — Exhibits.

(a) Generally.

(1) Exhibits of a documentary character may have a maximum of twenty-two inches (22”) in width by twelve and one-half inches (12 1/2") in height.

(2) Whenever practicable, the sheets of each exhibit and the lines of each sheet should be numbered.

(3) If the exhibit consists of five (5) or more sheets, the first sheet or title page should be confined to a brief statement of what the exhibit purports to show, with reference by sheet and line as illustrative or typical examples contained herein.

(4) The exhibit should bear an identifying number, letter, or short title which will readily distinguish it from other exhibits offered by the same party.

(5) It is desirable that, whenever practicable, rate comparisons and other evidence should be condensed into tables.

(6) Whenever practicable, especially in proceedings in which it is likely that many documents will be offered, all the documents produced by a single witness should be assembled and bound together, suitably arranged, and indexed so that they may be identified and offered as one (1) exhibit.

(7) Exhibits should not be argumentative and should be limited to statements of fact and be relevant and material to the issue, which can better be shown in that form than by oral testimony.

(b) Reference to tariff authority — Routes and distances. All exhibits showing rates, fares, charges, or other tariff or schedule provisions must, by appropriate State Highway Commission number reference, indicate the tariff or schedule authority therefor and, if distances are shown, must also show the authority therefor and, by lines, highways, and junction points, the routes over which the distances are computed, except that the routes over which the distances are computed need not be shown when such distances are specifically published in a tariff or schedule lawfully on file with the commission, or with the commission showing rates prescribed by the commission and based on shortline distances, or short highway distances, provided the exhibit make specific reference to such tariff or schedule as provided by this part.

(1) Unless the commission or the officer shall otherwise direct, the original and nine (9) copies of each exhibit of a documentary character shall be furnished for the use of the commission.

(2) The original is to be delivered to the reporter and the copies to the commission or officer.

(3) Unless the commission or officer for cause directs otherwise, a reasonable number of copies shall be furnished to counsel in attendance at the hearing.

(d) Interchange prior to hearing. Whenever practicable, the parties should interchange copies of exhibits or other pertinent material or matter before or at the commencement of the hearing.

(e) When excluded how treated.

(1) In case an exhibit has been identified, objected to, and excluded, the commission or officer will determine whether the party offering the exhibit withdraws the officer and, if so, permit the return of the exhibit to him or her.

(2) If the excluded exhibit is not withdrawn, it should be given an exhibit number for identification and be incorporated in the record.

(3) Exhibit numbers once used for identification will not be duplicated thereafter.

27 CAR § 110-715 Record in referred matter unaffected by a second reference {#sec-27-car-110-715 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-715}

27 CAR § 110-715. Record in referred matter unaffected by a second reference.

If for any reason an order referring a matter to a particular officer is vacated and the matter referred to a different officer, any testimony already taken in such proceeding shall be part of the record along with any testimony which thereafter may be taken.

27 CAR § 110-716 Evidence — Filing of subsequent to hearing — Copies {#sec-27-car-110-716 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-716}

27 CAR § 110-716. Evidence — Filing of subsequent to hearing — Copies.

(a) Except as provided below or as expressly may be permitted in a particular instance, the State Highway Commission will not receive in evidence or consider as part of the record any documents, letters, or other writings submitted for consideration in connection with any proceeding after close of the hearing and may return any such documents to the sender.

(b) Before the close of a hearing, the commission or officer may, at the request of a party or upon his or her own motion or upon agreement of the parties, require that a party furnish additional documentary evidence supplementary to the existing record within a stated period of time.

(c) Documentary evidence thus to be furnished will not be assigned an exhibit number at the hearing, but the document will be given an exhibit number at the time of filing and the parties accordingly advised.

(d) Unless otherwise directed by the commission or officer, the original and nine (9) copies of such submission shall be filed with the commission.

27 CAR § 110-717 Evidence — Objections to {#sec-27-car-110-717 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-717}

27 CAR § 110-717. Evidence — Objections to.

(a) Formal exception to a ruling of the State Highway Commission or an officer at a hearing is unnecessary.

(b) It is sufficient that a party, at the time the ruling is made or sought, make known the action which he or she desires the commission or the officer to take or his or her objection to the action of the commission or officer and his or her grounds therefor.

27 CAR § 110-718 Oral argument {#sec-27-car-110-718 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-718}

27 CAR § 110-718. Oral argument.

(a) If oral argument before the State Highway Commission or the officer is desired, notice should be given at or before the hearing and may arrange to hear the argument at the close of the testimony within such limits of time as may be determined, having regard to other assignments for hearing.

(b) Such argument will be transcribed and bound with the transcript of testimony and will be available to the commission for consideration in deciding the case.

(c) The making of an argument before an officer shall not preclude oral argument before the commission, and request therefor may be made as provided in 27 CAR § 110-804.

27 CAR § 110-719 Adjournment of hearing {#sec-27-car-110-719 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-719}

27 CAR § 110-719. Adjournment of hearing.

A continuance may be granted if it is impossible to conclude a hearing within the time available or for any reason a continuance is necessary or advisable.

Subpart 8

27 CAR § 110-801 Briefs — Content and arrangement {#sec-27-car-110-801 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-801}

27 CAR § 110-801. Briefs — Content and arrangement.

(a) Due date. The due date of each brief must appear on its front cover or title page.

(b) Table of contents — Citations. A brief of more than twenty (20) pages shall contain on its front flyleaves a table of contents to be supplemented by a list of citations, alphabetically arranged, with references to the pages where they appear.

(c) Sketch or chart. In proceedings wherein misrouting or undue prejudice or preference are alleged, the complainant should include as part of the brief a small sketch or chart adequately reflecting the situation.

(d) Evidence abstract.

(1) A brief filed after a hearing should contain an abstract of the evidence relied upon by the party filing it, preferably assembled by subjects, with reference to the pages of the record or exhibit where the evidence appears.

(2) The abstract should follow the statement of the case and precede the argument.

(3) In the event the party elects not to include a separate abstract in his or her brief, he or she should give specific reference to the portions of the record, whether transcript or otherwise, relied upon in support of the respective statements of fact made throughout the brief.

(e) Requested findings. Each brief should include such requests for specific findings, separately stated and numbered, as the party desires the State Highway Commission to make.

(f) Exhibit reproduction.

(1) Exhibits should not be reproduced in the brief but may, if desired, be shown, within reasonable limits, in an appendix to the brief.

(2) Analyses of such exhibits should be included in the abstract of evidence under the subjects to which they pertain.

27 CAR § 110-802 Briefs — Time of filing {#sec-27-car-110-802 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-802}

27 CAR § 110-802. Briefs — Time of filing.

(a) In a proceeding which has been the subject of hearing, the State Highway Commission or officer may, subject to variation for cause shown, fix times for filing and serving the respective briefs as follows: for the opening brief, thirty (30) days from the close of hearing; for the brief of any opposing party, fifteen (15) days after the date affixed for the opening brief; and for the reply brief, ten (10) days after the date fixed for the brief of the opposing party; or may fix the same time for filing and serving of briefs of all parties.

(b) Where the same time is fixed, within fifteen (15) days after expiration of the time so fixed, reply briefs may be filed, and such briefs must be confined strictly to reply and contain no new matter, provided, however, that no reply brief may be filed in an investigation and suspension proceeding.

27 CAR § 110-803 Briefs of interveners {#sec-27-car-110-803 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-803}

27 CAR § 110-803. Briefs of interveners.

Briefs of interveners shall be filed and served within the time fixed for the brief of the party in whose behalf the intervention is made or as may be otherwise directed by the officer.

27 CAR § 110-804 Oral argument before commission {#sec-27-car-110-804 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-804}

27 CAR § 110-804. Oral argument before commission.

(a) Request — How made. Request for oral argument before the State Highway Commission must be made at the hearing.

(b) Request for time allotment.

(1) If the petition is granted, argument may be made at once or a notice will be served by the commission upon the parties setting the date for the oral argument.

(2) At least ten (10) days before any set date, any party desiring to participate in the oral argument must make request by letter (original only need be filed with the commission) for an allotment of time.

(3) Only those making request in this manner will be permitted to participate.

Subpart 9

27 CAR § 110-901 Compliance with commission orders {#sec-27-car-110-901 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-901}

27 CAR § 110-901. Compliance with commission orders.

(a) When in consequence of proceedings under any act, the State Highway Commission has by its order directed a defendant or a respondent to do or desist from doing a particular thing, such defendant or respondent must notify the commission on or before the date upon which such order becomes effective whether or not compliance has been made therewith.

(b) If a change in rates or schedule is required, the notification must be given in addition to the filing of proper tariffs or schedules and must specify the commission numbers of the tariffs or schedules so filed.

27 CAR § 110-902 Issuance of show cause orders {#sec-27-car-110-902 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-902}

27 CAR § 110-902. Issuance of show cause orders.

Upon its own motion, the State Highway Commission may issue show cause orders setting forth the matters complained of and requiring a party to appear and show cause why a particular order should not be issued.

27 CAR § 110-903 Procedure upon show cause order {#sec-27-car-110-903 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-903}

27 CAR § 110-903. Procedure upon show cause order.

(a) Upon the issuance of a show cause order, the State Highway Commission shall immediately serve a copy thereof upon each defendant, which shall constitute notice to each defendant requiring that the matter complained of be satisfied, or show cause order be answered, in writing, within ten (10) days of the date of such service, provided that the commission may in particular cases require the answer to be filed within a shorter time, and provided further that the commission may, for good cause shown, extend the time in which the answer may be filed.

(b) Any defendant failing to file answer within the period shall be deemed in default and all relevant basic facts stated in said show cause order shall be deemed admitted.

27 CAR § 110-904 Satisfaction of show cause order {#sec-27-car-110-904 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-904}

27 CAR § 110-904. Satisfaction of show cause order.

(a) If the party against whom a show cause order has been issued shall make satisfaction before answering, he or she may in his or her answer state, without more, the fact and manner of satisfaction.

(b) If satisfaction is made after the filing and service of an answer, a supplemental answer setting forth only the fact and manner of satisfaction must be filed immediately upon such satisfaction.

Subpart 10

27 CAR § 110-1001 Definitions {#sec-27-car-110-1001 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1001}

27 CAR § 110-1001. Definitions.

As used in this subpart:

(1) "Assigned, transferred, or hypothecated in any manner", as used in Arkansas Code § 23-13-232, means to include the sale, assignment, transfer, or hypothecation of the majority of stock in a corporation operating in intrastate commerce under a certificate or permit issued by the State Highway Commission;

(2) "Certified carriers" refers to common carriers holding certificates of convenience and necessity issued by the State Highway Commission and includes contract carriers holding permits issued by the State Highway Commission;

(3) "Closed doors", when used by regulatory authorities in connection with the operation of motor carriers, generally means the operation of a common carrier motor vehicle between designated points or over designated routes without receiving passengers or property, originating between such points or any such routes or discharging passengers or property between such points on such routes; and

(4) "Household goods" means:

(A) Personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling;

(B) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments; and

(C) Articles including objects of art, displays, and exhibits, voting machines and tabulating machines, including such auxiliary machines or component parts as are necessary to the performance of a complete tabulating process via punches, sorters, computers, verifiers, collators, reproducers, interpreters, multipliers, wiring units, and control panels and spare parts therefor, which because of the unusual nature or value require specialized handling and equipment usually employed in moving household goods.

27 CAR § 110-1002 Shipper certification in support of applications {#sec-27-car-110-1002 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1002}

27 CAR § 110-1002. Shipper certification in support of applications.

(a)(1) Every application for a certificate or permit shall indicate whether the application will be supported by shippers or others who will present evidence in support of the application as to their need for the service proposed.

(2) Such shipper certification shall not be substituted for the witness list required by 27 CAR § 110-314(d).

(b)(1) Certifications by each supporting shipper shall be filed at the time the application for permanent authority is filed.

(2) Such certification shall include but not be limited to:

(A) The business name of the supporting shipper;

(B) Its address;

(D) The commodities to be transported by the applicant.

(3) In the event that the applicant secures additional supporting shippers prior to the time verified statements of supporting shippers are due, the applicant shall file a supplemental certification of supporting shipper for each supporting shipper.

(c) Noncompliance with the aforementioned requirements, absent a showing of good cause for failing in their observance, will result in the disallowance of testimony and evidence proffered by public witnesses upon whose behalf certifications or identifications (by name and location) have not been filed.

27 CAR § 110-1003 Departure from general rules — Special conditions {#sec-27-car-110-1003 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1003}

27 CAR § 110-1003. Departure from general rules — Special conditions.

(a) Every motor carrier must comply with the orders, tariffs, and rules of the State Highway Commission.

(b) If any motor carrier has any special conditions applying in the case of any of its operations which justify departure by it from the general rules or tariffs of the commission, such motor carrier must present such special conditions to the commission by application.

(c) If, upon such application, it is shown that the special conditions exist and are such as to justify authority to a motor carrier to depart from the general rules and tariff requirements of the commission, on a hearing, after proper notice to persons who might be affected by such change of, or departure from the general rules, tariffs, and orders of the commission, such authority may be granted.

27 CAR § 110-1004 Application to interstate commerce {#sec-27-car-110-1004 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1004}

27 CAR § 110-1004. Application to interstate commerce.

All of the general rules of practice and special rules governing carriers as herein stated, and all orders of the State Highway Commission now in force or which may hereafter be made, and rules hereafter promulgated by the commission, shall apply equally to intrastate and interstate transportation for hire, and to all operators and motor vehicle carriers engaged in intrastate and interstate commerce, subject only to any reciprocity statutes or any other statutes of this state or the Interstate Commerce Act, Pub. L. No. 49-41, as amended.

History

Codification Notes: The Interstate Commerce Act is codified generally at 49 U.S.C. § 10101 et seq. Authority: Arkansas Code § 23-13-208

27 CAR § 110-1005 Interruption of service {#sec-27-car-110-1005 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1005}

27 CAR § 110-1005. Interruption of service.

(a) Any interruption of regularly scheduled service which likely will continue for more than twenty-four (24) hours shall be reported promptly to the State Highway Commission together with a full statement of the cause of the interruption and its possible duration.

(b) No such interruption in service shall be suffered, except when beyond the control of motor vehicle carriers, without first securing the approval of the commission.

27 CAR § 110-1006 Changes in intrastate tariffs and schedules {#sec-27-car-110-1006 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1006}

27 CAR § 110-1006. Changes in intrastate tariffs and schedules.

(a) This section is not applicable to motor common carriers of passengers whose rates, rules, or practices are subject to United States Surface Transportation Board jurisdiction under Subchapter II of 49 U.S.C. §§ 10501 – 10562.

(b)(1) Changes in intrastate tariffs and schedules or any rule governing the same can be made by placing on file with the State Highway Commission according to Tariff Circular of the commission and the provisions of the Arkansas Motor Carrier Act, 1955, Arkansas Code § 23-13-201 et seq., or any amendment thereto, provided, changes in such intrastate tariffs and schedules can also be made by obtaining approval of the commission after application has first been made to the commission for approval of any proposed change in an intrastate tariff and schedule.

(2) In case of actual emergency, the commission may permit any proposed changes to become effective without the necessity of a formal hearing.

(c) No change in any intrastate tariff and schedule shall be granted by the commission after application therefor, except after public hearing held at least thirty (30) days after the date of first publication of the notice of hearing provided for above, unless the commission shall first find that an actual emergency exists as provided in subsection (b) of this section.

27 CAR § 110-1007 Superhighways rules — Motor carriers {#sec-27-car-110-1007 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1007}

27 CAR § 110-1007. Superhighways rules — Motor carriers.

(a) All certificates of public convenience and necessity authorizing the transportation of persons or property, with or without exceptions, over a regular service route or routes, issued by the State Highway Commission pursuant to the provisions of the Arkansas Motor Carrier Act, 1955, Arkansas Code § 23-13-201 et seq., shall be construed as authorizing operations over superhighways as defined below, including highways connecting such superhighways with the carrier's authorized regular service routes between the point of departure from the point of return to the carrier's authorized regular service route, provided that the superhighway route extends in the same general direction as the authorized service route and is wholly within twenty-five (25) airline miles of the carrier's authorized service route, and provided further, that the use of superhighways authorized herein shall not be construed as authorizing abandonment or curtailment of service at points previously authorized to be served.

(b) Motor carriers conducting operations over superhighways under subsection (a) of this section shall not receive or deliver freight from or to any person at any point not otherwise specifically authorized to be served by them.

(c) A superhighway is defined as any limited-access highway with split-level grade crossings and access ramps or completed portion thereof.

(d)(1) If upon the filing of a petition by any interested person and a determination of the issues presented thereby, the commission shall find that operations by any motor carrier under the provisions of subsection (a) of this section have resulted or are reasonably certain to result in either destructive competition or in the provision of inadequate transportation service by the carrier at any authorized service point, an appropriate order may be entered requiring the said motor carrier either to discontinue such operations in whole or in part, or to conduct its operations in compliance with the terms, conditions, and limitations in its certificate in the manner described in said order.

(2) Upon the establishment by the petitioner that a motor carrier's service at a point on its underlying service route has been discontinued or curtailed, the burden of showing that the discontinuance or curtailment is reasonable is upon the motor carrier engaged in operations under this section.

27 CAR § 110-1008 Discontinuance of service {#sec-27-car-110-1008 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1008}

27 CAR § 110-1008. Discontinuance of service.

(a) Whenever no business is conducted under any permit, certificate, or license issued by the State Highway Commission for a period of one (1) year, such failure to render reasonably continuous service under the authority shall subject the holder of such authority to a hearing.

(b) The hearing will be for the purpose of determining whether or not the authority shall be continued or canceled.

(c) All holders of any permits, certificates, or licenses shall report discontinuance of service to the commission on forms provided if there has been no use of the pertinent authority or any part thereof for a period of one (1) year or longer.

Subpart 11

27 CAR § 110-1101 Applications for certificates {#sec-27-car-110-1101 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1101}

27 CAR § 110-1101. Applications for certificates.

(a) Every application for a certificate of convenience and necessity shall be in writing.

(b) Such application shall contain or be accompanied by the following:

(1) The name (and trade name, if any) and address or location of the principal office or place of business of applicant;

(2) A statement giving full information concerning the ownership, reasonable value, and physical condition of vehicles and other property proposed to be used by applicant;

(3) A full and complete financial statement giving detailed information concerning the financial condition of applicant;

(4)(A) A complete statement describing the service proposed to be rendered including points of territory to be served and commodities to be transported.

(B) If regular route authority is sought, such routes shall be specifically described.

(5) If regular route authority is sought, at least one (1) copy of a map or chart designating the routes over which the applicant desires to operate;

(6) The proposed time schedule, if a passenger application;

(7)(A) If applicant is a partnership, a copy of the partnership agreement.

(B) If no written partnership agreement has been entered into, a statement summarizing the agreement between the parties.

(8) If applicant is not a resident of this state, a designation in writing of the name and address of a person maintaining a residence within this state upon whom service of process may be had; and

(9) Remittance of the statutory filing fee.

27 CAR § 110-1102 Applications for permits {#sec-27-car-110-1102 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1102}

27 CAR § 110-1102. Applications for permits.

(a) Every application for a permit as a contract carrier shall be made in writing.

(b) The application shall contain or be accompanied by:

(1) The applicant's:

(A) Name (and trade name, if any); and

(B) Address and location of his or her or its principal place of business;

(2) A statement giving full information concerning the ownership, reasonable value, and physical condition of vehicles and other property to be used by applicant;

(3) A full and complete financial statement giving detailed information concerning the financial condition of applicant;

(4) A completed statement describing the service proposed to be rendered including points or territory to be served and commodities to be transported;

(5) At least one (1) copy of a map showing the routes over which, or the area in which, applicant proposes to operate;

(6) A statement showing proposed rates and charges applicant proposes to file for approval by the State Highway Commission;

(7)(A) If applicant is a partnership, a copy of the partnership agreement.

(B) If no partnership agreement has been entered into, a statement summarizing the agreement between the parties.

(8) Remittance of the statutory filing fee.

27 CAR § 110-1103 Contracts of contract carriers — Contents — Approval {#sec-27-car-110-1103 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1103}

27 CAR § 110-1103. Contracts of contract carriers — Contents — Approval.

(a) All contracts or agreements under which a contract carrier proposes to operate in intrastate commerce in this state shall be submitted to the State Highway Commission and approval of such contracts obtained before operations are begun.

(b) Each contract shall be reduced to writing and a duly executed duplicate original or a certified true copy thereof shall be furnished to the commission.

(c) Each contract shall be bilateral and impose specific obligations upon both the contract carrier and the other parties to the contract.

27 CAR § 110-1104 Applications for transfer or lease of certificate or permit {#sec-27-car-110-1104 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1104}

27 CAR § 110-1104. Applications for transfer or lease of certificate or permit.

(a) Certificates, permits, and licenses shall not be assigned, transferred, or leased without prior authorization of the State Highway Commission and on written application.

(b) The application for transfer or lease must be accompanied by:

(1) The name and address or location of the principal office or place of business of each of the applicants;

(2)(A) A full and complete financial statement giving detailed information concerning the financial condition of the transferee.

(B) If the transferee is a partnership, a complete financial statement giving detailed information concerning the financial condition of each of the partners.

(C) If the transferee is a corporation, a copy of a certificate of good standing from the Secretary of State in which the corporation is domiciled and a financial statement of the corporation;

(3) A statement completely describing the authority sought to be transferred, including commodities authorized to be transported and the routes authorized to be served;

(4) A statement describing all property to be sold, transferred, or assigned and the amount to be paid therefor;

(5) A copy of all contracts, agreements, and other stipulations between the transferee and transferor;

(6) If the transferee is not a resident of this state, a written designation of a resident agent for service of process;

(7) If any party to the transfer of a certificate or permit is acting in a fiduciary capacity, proof of his or her authority to so act;

(8) A statement from the Treasurer of State, Commissioner of Revenues, or county collector to the effect that there are no outstanding and unpaid taxes of any nature;

(9) A joint affidavit that there are no unpaid taxes, station rents, wages, or other indebtedness incident to the vendor's operation, or if such is not the case will be assumed by the vendee; and

(10) Remittance of statutory filing fee.

(c)(1) No transfer or lease of the certificate or permit, or any part thereof, shall be granted by the commission unless there has been filed with the commission a statement by the Treasurer of State and/or the Commissioner of Revenues or his or her authorized deputy, certifying that there are no delinquent taxes outstanding against the transferor or against the certificate or permit sought to be transferred.

(2) Notwithstanding the above provisions, the requirements of subdivisions (b)(8) and (9) of this section shall not apply in any respect to either the vendor or vendee where the vendor has filed for protection under the federal bankruptcy laws and is transferring the authority as a part of a reorganization or liquidation under an order directing the sale entered under the federal bankruptcy laws.

(d)(1) The transfer, lease, or assignment of the permit, certificate, or license shall not be authorized when the commission finds that the action will be inconsistent with the public interest or will have the effect of destroying competition or creating a monopoly.

(2) The transfer, lease, or assignment will not be authorized where it appears that reasonably continuous service under the authority or that part of the authority granted by the permit, certificate, or license which is sought to be transferred has not been rendered by the current holder of the permit, certificate, or license prior to the application for transfer, assignment, or lease.

(e)(1) Prior to the sale of a business or the addition of partners by any individual or business holding a certificate or permit, such change in the ownership structure of the carrier shall be reported to the commission in writing.

(2) Prior to the sale of stock in a publicly traded corporation, such sale shall be reported to the commission if the sale will constitute fifty percent (50%) or more of the outstanding shares or stock in the corporation in one (1) transaction or in a series of related transactions.

(3) The commission shall review the sale of the stock or the addition of a partner or any other change in the ownership structure of the business operating in intrastate commerce under a certificate or permit issued by the commission.

(4) Such documentation as is necessary for a full and complete review of the change in the ownership structure may be requested from the business by the commission.

(f)(1) Prior to the hypothecation of a certificate or permit, or the pledge of any assets of a business holding intrastate authority from the commission, a notice of the hypothecation or pledge of the assets shall be filed with the commission.

(2) The commission will acknowledge receipt of the notice of hypothecation and may request additional documentation as is necessary for a full and complete review of the pledge of the asset of the certificate or permit.

27 CAR § 110-1105 Approval of lease of certificate or permit {#sec-27-car-110-1105 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1105}

27 CAR § 110-1105. Approval of lease of certificate or permit.

(a) Unless unusual circumstances are found by the State Highway Commission, a lease of operating rights will not be approved for longer than a period of one (1) year.

(b) During this time, the parties shall be expected to consider and determine whether or not they want to enter into a transaction of sale and purchase of the rights conferred under the certificate or permit.

(c) At the end of the lease period, lessee shall file with the commission a statement of intent as to the plans of the lessee as they pertain to future use of the permit.

(d) Should the lessee request an extension of operating rights beyond the one (1) year approved herein, such extension shall be requested in the statement filed by the lessee at the end of the lease period.

27 CAR § 110-1106 Application for approval of finance matters {#sec-27-car-110-1106 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1106}

27 CAR § 110-1106. Application for approval of finance matters.

(a) Each application by a motor carrier for authority to issue stocks, bonds, notes, or other evidence of indebtedness payable at a period of more than twelve (12) months from the date thereof, or for authority to create a lien for any purpose upon its property situated in this state, shall be in writing.

(b) An original and nine (9) copies of such application shall be furnished, and the application must contain or be accompanied by:

(1) The name and address or location of the principal office or place of business of the applicant;

(2) A general description of the operating authority held by the motor carrier under its existing certificates or permits;

(3) A full and complete financial statement or balance sheet giving detailed information concerning the financial condition of applicant;

(4) A full and complete operating statement of applicant, showing in detail its operating results for the twelve-month period just prior to the date of filing of the application;

(5) A copy of the proposed note, bond, stock certificate, mortgage, etc., proposed to be issued; and

(6) A complete statement of the use to be made of the proceeds of such financing.

27 CAR § 110-1107 Applications for temporary authority {#sec-27-car-110-1107 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1107}

27 CAR § 110-1107. Applications for temporary authority.

(a) Every application for temporary authority shall be in writing on the forms provided by the State Highway Commission and shall be duly verified by the applicant, or in the case of a corporation or partnership, by one (1) of the principal officers or by one (1) of the partners.

(b) Such applications shall contain or be accompanied by:

(1) A statement of the facts relied upon to establish:

(A) That there is an immediate and urgent need for the service proposed; and

(B) That there is no other duly authorized carrier ready, willing, and able to fulfill such need;

(2) A statement as to the duration of the period of time the emergency can be expected to exist;

(3) A complete statement describing the service proposed including the:

(A) Points or territory to be served;

(B) Routes to be traversed; and

(4) A statement giving the proposed fares and rates to be charged if applicant is not a party to agency tariffs;

(5) If applicant is not a resident of this state, a designation in writing of the name and address of a person maintaining a residence within this state upon whom service of process may be had in all actions arising in this state;

(6) A verified statement from shippers and receivers to show there is an urgent and immediate need for the proposed service;

(7) Remittance of the statutory fee; and

(8) A statement showing amount and kind of equipment to be used and a financial statement and any other information to establish fitness and ability of applicant.

27 CAR § 110-1108 Applications for registration of interstate authority {#sec-27-car-110-1108 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1108}

27 CAR § 110-1108. Applications for registration of interstate authority.

(a) Every motor carrier using any of the public highways of this state for the transportation of persons or property in interstate commerce shall make application to the State Highway Commission for a certificate or permit, whichever is applicable, authorizing such operation.

(b) Such application shall be in writing, verified under oath, and shall contain or be accompanied by the following:

(1) The name (and trade name, if any) and address or location of the principal office or place of business of applicant;

(2) A copy of applicant's authority granted by the United States Surface Transportation Board;

(3) A complete description of the type of service rendered by the applicant;

(4)(A) If applicant is a corporation, the state in which incorporated, and the name and address of its president and secretary.

(B) If applicant is a partnership, the name and address of its partners;

(6) Remittance of the statutory filing fee.

27 CAR § 110-1109 Application for transporting United States Surface Transportation Board exempt commodities {#sec-27-car-110-1109 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1109}

27 CAR § 110-1109. Application for transporting United States Surface Transportation Board exempt commodities.

(a) Every motor carrier using any of the public highways of this state for the transportation of property exempted under Section 203(b) of the Interstate Commerce Act, Pub. L. No. 49-41, shall make application to the State Highway Commission for a certificate or permit, whichever is applicable, authorizing such operation.

(b) Such application shall be in writing, verified under oath, and shall contain or be accompanied by the following:

(1) The name (and trade name, if any) and address or location of the principal office or place of business of applicant;

(2) A statement giving full information concerning the ownership, reasonable value, and physical condition of vehicles and other property to be used by applicant;

(3) A full and complete financial statement giving detailed information concerning the financial condition of applicant;

(4) A complete statement describing the service proposed to be rendered including points or territory to be served and the commodities to be transported;

(5)(A) If applicant is a partnership, a copy of the partnership agreement.

(B) If no partnership agreement has been entered into, a statement summarizing the agreement between the parties.

(6) If applicant is not a resident of this state, a designation in writing of the name and address of a person maintaining a residence within this state whom service of process may be had in all actions arising in this state; and

(7) Remittance of the statutory filing fee.

History

Codification Notes: The Interstate Commerce Act is codified primarily at 49 U.S.C. § 10101 et seq. Authority: Arkansas Code § 23-13-208

27 CAR § 110-1110 Failure to commence operation {#sec-27-car-110-1110 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1110}

27 CAR § 110-1110. Failure to commence operation.

(a) Failure on the part of any motor vehicle carrier to commence operation of any route or routes specified in any permit or certificate within ninety (90) days after the issuance of the same, shall automatically cancel said permit or certificate and render same null and void.

(b) In the event a permit or certificate is rendered void under this part, a new permit or certificate will be issued to the carrier only upon compliance with all rules necessary for the issuance of an original permit or certificate.

27 CAR § 110-1111 Failure to comply with tariff, schedule, or insurance requirements {#sec-27-car-110-1111 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1111}

27 CAR § 110-1111. Failure to comply with tariff, schedule, or insurance requirements.

If compliance is not made by an applicant with the tariff, schedule, and insurance requirements within ninety (90) days from the date notice is given by the State Highway Commission to the applicant or his or her attorney of the extent of the authority to be granted by the commission, the order granting such authority will become null and void, provided notice of appeal has not been filed, or the commission has not granted an extension of time upon a showing of good cause.

27 CAR § 110-1112 Application for hazardous waste transportation permit {#sec-27-car-110-1112 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1112}

27 CAR § 110-1112. Application for hazardous waste transportation permit.

(a) Every application for a hazardous waste transportation permit shall be made in writing.

(b) The application shall contain or be accompanied by:

(1) The applicant's name (or trade name, if any) and address or location of his or her or its principal place of business;

(2) A statement giving full information concerning the ownership, reasonable values, and physical condition of vehicles and other property to be used by the applicant;

(3) A full and complete financial statement giving detailed information concerning the financial condition of the applicant;

(4) A full and complete statement giving detailed information concerning the hazardous waste to be transported and services, if any, proposed to be rendered by the carrier;

(5) A detailed list of equipment that will be used to transport such materials;

(6) A statement that such equipment meets specifications set by the United States Department of Transportation for use in transporting such materials;

(7) A statement showing proposed rates and charges applicant has filed, or will file, for approval by the State Highway Commission;

(8)(A) If applicant is a partnership, a copy of the partnership agreement.

(B) If applicant is a corporation, a copy of its articles of incorporation;

(9) If applicant is not a resident of this state, a designation in writing of the name and address of a person maintaining a residence within this state upon whom service of process may be had in all actions arising in this state; and

(10) Remittance of a fifty-dollar filing fee.

27 CAR § 110-1113 Applications of common carriers for armored car service — Contents — Approval {#sec-27-car-110-1113 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1113}

27 CAR § 110-1113. Applications of common carriers for armored car service — Contents — Approval.

(a) Armored car companies making application for intrastate authority may apply as common carriers, notwithstanding the fact that contracts may be or have been entered into between the applicant and shippers.

(b) Armored car companies are expressly allowed as common carriers to enter into an unlimited number of contracts with shipping financial institutions.

(c) Contracts entered into between armored car common carriers and shippers shall be subject to review by the State Highway Commission.

(d) Review of the contracts shall include but not be limited to:

(1) Uniformity of rates between shippers, taking into consideration the:

(A) Location;

(B) Frequency of service; and

(2) Conformity with filed tariffs;

(3) Duration of contracts;

(4) Cancellation clauses, including any opportunity to cure service complaints;

(5) Adequacy of service provided; and

(6) Any terms requiring exclusive use of the armored car carrier's services.

(e) Contract provisions as to schedule of stops and size of shipments will not be reviewed.

(f) Guidelines for this section.

(1) Contracts entered into between armored car common carriers and shippers shall be reviewed by the commission.

(2) The review shall include the following:

(A) All rate increases and reductions which form the basis for all charges set out in the terms of armored car contracts shall be filed according to current commission rules;

(B) Contracts must conform strictly to all rates and rules set forth in approved tariffs, supplements and revisions thereto, and reissues thereof;

(C)(i) Terms of contracts or agreements shall be no more than twelve (12) months in duration and contain a cancellation clause requiring thirty (30) calendar days' written notice on behalf of either party.

(ii) The reason or reasons for cancellation of contract shall be enumerated to allow an opportunity to cure service complaints;

(D) All contracts shall contain any special arrangements or additional services agreed upon by both executing parties for which carrier has established rates and charges in its approved tariff or tariffs;

(E) Contracts shall not contain minimum shipment clauses as a prerequisite for beginning and continued service;

(F) No contract shall contain any provision requiring exclusive use of the carrier's service;

(G) A true and correct copy of all new contracts shall be made available to the rate analyst for review no later than ten (10) days following execution, or additionally, upon request; and

(H) All existing contracts shall be made available upon request of the commission staff for further review.

(3)(A) Contract provisions regarding schedule of stops and size of shipments will not be subject to review by the commission.

(B) This information should be deleted or detached before submission.

Subpart 12

27 CAR § 110-1201 Registration of vehicles {#sec-27-car-110-1201 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1201}

27 CAR § 110-1201. Registration of vehicles.

(a) No vehicle shall be operated under any certificate or permit without being accompanied by valid evidence of payment of the regulatory fee required by the State Highway Commission.

(b) Except for driveaway operations, evidence of payment of the regulatory fee shall be issued in the form of an identification stamp affixed to the Form D Cab Card and shall be issued only to motor carriers holding a valid certificate or permit from the commission.

(c) The mere presence of such identification stamp is evidence only of payment of the required regulatory fee and creates no presumption that the vehicle is being operated by the purchaser of the regulatory stamp or pursuant to proper operating authority issued by the commission.

27 CAR § 110-1202 Applications for regulatory stamps {#sec-27-car-110-1202 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1202}

27 CAR § 110-1202. Applications for regulatory stamps.

(a) Each common and contract carrier of persons and property shall annually on or before the first day of June make application in writing for regulatory stamps which shall contain the following information:

(1) Name and address of the carrier;

(2) The number of the permit or certificate issued by the State Highway Commission under which the applicant is operating; and

(3) The number of regulatory stamps desired by the carrier.

(b) Remittance shall accompany all applications for regulatory stamps made payable to the commission in sufficient amount to equal the amount produced by five dollars ($5.00) multiplied by the number of vehicles to be used by the carrier in line-haul operations in this state, except in the following instances:

There shall be collected from each common or contract carrier of passengers and/or property holding a certificate or permit issued pursuant to this Act, or any Act prior hereto, and from each interstate carrier of passengers and/or property subject to this Act, an annual regulatory fee of five ($5.00) dollars for each bus, truck, or truck-tractor used by such carrier in line-haul operations; provided, however, if the state of domicile of such interstate carrier requires payment of a greater amount by carriers domiciled in this State than five ($5.00) dollars per annum per bus, truck, or truck-tractor for like or similar purposes, then the regulatory fee imposed by this section upon vehicles domiciled in the State imposing the higher fee, shall be increased to equal the amount imposed by such State; and provided further, evidence of payment of the regulatory fee herein imposed shall not be issued by the Arkansas State Highway Commission or its successor until the carrier files with said Commission a receipt or certified statement from the Arkansas Commissioner of Revenues that all ad valorem taxes due and payable to the State of Arkansas have been paid by such carrier, or a certificate showing that the certification of taxes due has been duly protested by such carrier and/or that litigation thereon is pending. Holders of temporary intra state-authority shall pay the same fees reduced proportionately as the period for which such temporary authority is granted shall bear to one (1) year.

27 CAR § 110-1203 Regulatory cards for driveaway operations {#sec-27-car-110-1203 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1203}

27 CAR § 110-1203. Regulatory cards for driveaway operations.

(a) No motor vehicle shall be operated under any certificate or permit in driveaway service without being accompanied by an annual regulatory card issued by the State Highway Commission in lieu of a regulatory stamp.

(b) Each common and contract carrier authorized by the commission to engage in for-hire operations in driveaway service shall annually on or before the first day of June make application in writing for regulatory cards which shall contain the following information:

(1) Name and address of the carrier;

(2) The number of the permit or certificate issued by the commission under which the carrier is operating; and

(3) The number of regulatory cards desired.

(c)(1) Remittance shall accompany all application for regulatory cards made payable to the commission in sufficient amount to equal an amount produced by multiplying five dollars ($5.00) times the number of regulatory cards necessary to place a card with each vehicle transported in driveaway service.

(2) The use of such regulatory cards shall be limited to vehicles being transported in driveaway service and the use thereof for any purpose shall be unlawful.

(3) In the event more than one (1) vehicle is being transported as a unit in such operation, either by saddle-mount or towbar, only one (1) card shall be required for the unit.

(4) The annual regulatory card may be used interchangeably by the holder thereof on all vehicles being operated by him or her or it in driveaway service under proper authority of the commission.

(5) The card shall be carried by the driver of the vehicle and shall be available for inspection by enforcement officers of the commission.

(6) Once an annual regulatory card has been issued, it will not be redeemed, reissued, or replaced for any cause.

27 CAR § 110-1204 Identification of vehicles {#sec-27-car-110-1204 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1204}

27 CAR § 110-1204. Identification of vehicles.

(a)(1) Each carrier operating under authority of the State Highway Commission must at all times have displayed on both sides of all power units identification of ownership of the vehicle.

(2) If the vehicle is leased, the identification shall indicate the name of the lessee.

(3) Identification of ownership or lessee shall be in characters of such size, shape, and color as to be readily legible during daylight hours from a distance of fifty feet (50’) while the vehicle is not in motion and shall be so maintained at all times as to be readily discernible to the public.

(4) Vehicles identified in compliance with the requirements of the United States Surface Transportation Board will be considered as meeting the requirements of this section.

(b) Each carrier operating under authority of a hazardous waste transportation permit must, in addition to the requirements of subsection (a) of this section, have displayed on both sides of all power units the location of the principal office of the operator and the hazardous waste transportation permit number.

Subpart 13

27 CAR § 110-1301 Public liability and property damage endorsement {#sec-27-car-110-1301 omnilex-key=us-ar-regs-official--title-27-part-110--27 CAR § 110-1301}

27 CAR § 110-1301. Public liability and property damage endorsement.

(a)(1) All carriers by motor vehicles are required to file public liability and property damage insurance or, in lieu thereof, a certificate of insurance on the form approved by the State Highway Commission with minimum liability as set out in the Arkansas public liability and property damage endorsement which must be attached.

(2) The endorsement on public liability and property damage insurance shall be on the form prescribed.

(b) Schedule of minimum limits — Liability.

(1) On each motor vehicle used in the transportation of property: