1. (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.
2. (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).

3. (c) Verified statements.

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

   3. (3) Verified statements of the protestant 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) Specific pertinent conflicting authority;
      4. (D) Pertinent terminals and communications network;
      5. (E) Pertinent equipment;
      6. (F) Type of service offered, e.g., LTL, bulk, interline, etc.;
      7. (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;
      8. (H) Any other information pertinent to the application; and
      9. (I) Verification and certificate of service.

4. (d) Witness list.

   1. (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. (2)

      1. (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.
      2. (B) Other witnesses may be allowed to testify by leave of the commission.
   3. (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. (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.
5. (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.

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