WAC 480-30-116   Certificates, application docket, protests, and intervention, auto transportation company.  (1) Application docket. The commission publishes a notice of pending certificate applications in the application docket. The commission mails the application docket to each existing auto transportation company certificate holder, to each person with a pending auto transportation company certificate application, to affected local jurisdictions or agencies, and to any other interested person who has asked to receive copies of the application docket. It includes notice of auto transportation company certificate applications for:

     (a) New certificate authority.

     (b) Extension of existing certificate authority.

     (c) Transfer or lease of all or a portion of certificate authority.

     (2) Protests. An existing auto transportation company certificate holder may file a protest to an application published in the application docket.

     (a) Form of protests. Protests must:

     (i) Be filed within thirty days of the date the commission mailed the application docket.

     (ii) Be filed according to the provisions of WAC 480-07-370.

     (iii) Be served on the applicant and the applicant's attorney, if one is identified in the application docket.

     (iv) Specify the reasons for the protest.

     (v) Specify the protestant's interest in the proceeding.

     (vi) Specify the approximate number of witnesses the protestant intends to present and an estimate of hearing time required for the protestant's presentation;

     (vii) Include the name and address of each person on whose behalf the protest is filed including that person's certificate number, a copy of the certificate authority, and identification of the portion or portions of the protestant's certificate that is the basis for the protest.

     (viii) Describe any restrictive amendment that could eliminate the protestant's interest in the application.

     (b) Failure to file protest on time. A person who fails to file a protest within the thirty-day protest period may not in any way participate further in the proceeding, unless that person can show that the commission did not provide proper notice of the pending application, or that good cause exists for the failure to make a timely protest.

     (3) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition to be an intervener. Refer to WAC 480-07-355 for information on intervention.

     (4) Applications not subject to the docket and protest provisions of this rule. This rule does not apply to:

     (a) Applications for charter and excursion carrier certificates;

     (b) Applications to reinstate a certificate canceled for cause under the provisions of WAC 480-30-181, when the application is filed within thirty days of the certificate cancellation date;

     (c) Applications for name change;

     (d) Applications to mortgage an auto transportation company certificate;

     (e) Applications for an auto transportation company certificate under a federal grant of authority to provide intrastate service over an interstate route; and

     (f) Applications for temporary certificate authority.



[Statutory Authority: RCW 80.01.040, 81.04.160, 81.12.050, 81.68.030, and 81.70.270. 06-13-006 (General Order No. R-533, Docket No. TC-020497), § 480-30-116, filed 6/8/06, effective 7/9/06.]