Section 45 IAC 16-1-4 - Intrastate permanent authority application without coextensive application for temporary or emergency temporary authority; sale and transfer applicationAuthority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 4.
REQUIREMENTS FOR APPLICATIONS FOR INTRASTATE PERMANENT AUTHORITY OR APPROVAL OF SALE AND TRANSFER FILED WITHOUT COEXTENSIVE APPLICATIONS FOR TEMPORARY OR EMERGENCY TEMPORARY AUTHORITY.
(a) Certificate of Supporting Shipper to Accompany Application for Contract Authority. In those instances where an application for permanent intrastate contract authority is filed with the Commission without a coextensive application for temporary or emergency temporary authority being filed therewith pursuant to Rule 3, such application shall be accompanied by a certificate from each supporting shipper, in which the certificating party shall state that he or the corporation, association or partnership which he represents will: (1) Support the application; (2) Attend the hearing on the application and testify on the applicant's behalf; and (3) In the event the authority requested is granted, enter into a contract with the applicant to utilize the authority granted. This certificate shall be on such form as from time to time may be prescribed by the Commission. Failure to comply with this Paragraph shall result in the application being rejected as to every supporting contract shipper whose certificate is not filed coextensive with the application. (b) Compliance with Insurance and Tariff Filing Requirements Prerequisite to Consideration of Application. In those instances where an application for permanent intrastate common or contract authority is filed with the Commission without a coextensive application for temporary or emergency temporary authority being filed therewith, the Commission shall neither consider nor act upon such application in any way unless within sixty (60) days after the final order of the Commission has been approved the applicant has fully complied with the applicable provisions of the Act and the Rules and Regulations of the Commission promulgated thereunder governing the filing of tariffs, schedules and contracts, the filing of acceptable insurance certification in compliance with Rule 2 and, if a nonresident applicant, the designation of a resident agent for the service of process. If full compliance is not achieved within the aforesaid sixty-day period, such order shall be revoked automatically and shall not be subject to reinstatement but must be refiled and treated as a new application. (c) Applicability to Sale and Transfer Application. The requirements of Paragraph (b) of this Rule [this section] shall be applicable to all applications for the approval of sale and transfer of intrastate authority. Department of State Revenue; No. 32257: Motor Carrier Department Rule 4; filed Jul 22, 1970, 9:15 am: Rules and Regs. 1971, p. 254; No. 35095; filed Dec 29, 1977: Rules and Regs. 1978, p. 703Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-1-4) to the Department of State Revenue ( 45 IAC 16-1-4) by P.L. 72-1988, SECTION 12, effective July 1, 1988.