1. (a) Contents.

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

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

      1. (A) Grounds upon which the application is made;
      2. (B) Interest of the applicant in the subject matter; and
      3. (C) Relief sought by the applicant.

2. (b) Date of filing.

   1. (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. (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.

3. (c) Verified statements.

   1. (1)

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

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

      1. (A) Legal name and business address;
      2. (B) Identity and qualifications of testifying witness;
      3. (C) Authority sought;
      4. (D)

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

   1. (ii) Duplicating authority resulting from grant of application.

      1. (iii) Dual operations resulting from grant of application.

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

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

   1. (c) (c) Identify common and contract carriers as such;

      1. (E) Pertinent terminal facilities and communications network;
      2. (F) Pertinent equipment;
      3. (G) Safety program;
      4. (H) Service now provided to supporting witnesses;
      5. (I) Type of service offered, e.g., LTL, bulk, multiple delivery, interline, etc.;
      6. (J) Financial data (current balance sheet and income statement);
      7. (K) Feasibility of operation;
      8. (L) Any other information deemed pertinent;
      9. (M) Argument (if desired);
      10. (N) Verification; and
      11. (O) Certificate of service and list of parties’ names and addresses.

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

      1. (A) Legal name and business address of supporting party or firm;
      2. (B) Identity and qualifications of testifying witness;
      3. (C) General description of the business of the supporting shipper and its operations;
      4. (D) The specific commodity shipped or received by that business;
      5. (E) The volume and frequency of traffic;
      6. (F) The amount of traffic to be tendered to the applicant, giving specific or representative origins and destinations;
      7. (G) How the traffic now moves in intrastate commerce;
      8. (H) The type of service required from the applicant, e.g., bulk, LTL, multiple delivery, etc.;
      9. (I) The existing service available and specific information on discrepancies in service from currently authorized carriers;
      10. (J) Similar applications supported, including pertinent docket numbers;
      11. (K) Any other information deemed pertinent by the witness; and

      12. (L) Verification and certificate of service.

          1. (d) Witness list.
   3. (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.

   4. (2)

      1. (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.
      2. (B) Other witnesses may be allowed to testify by leave of the commission.
   5. (3) A list of witnesses filed by the applicant shall be exchanged with the protestant five (5) working days prior to hearing date.
   6. (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.
7. (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.

Codification Notes: “LTL” means less-than-truckload.