PURPOSE: This rule prescribes procedures for implementing the provisions of sections 390.101 and 390.106, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) The division may cancel a certificate or permit which authorizes the transportation of passengers in charter service or property other than household goods, upon receiving written notice from the person to whom the certificate or permit was issued which indicates that the person has discontinued that transportation service. The division may cancel such a certificate or permit without a hearing, unless the person requests a hearing before the effective date of the cancellation.

2. (2) Motor carriers of passengers other than in charter service or household goods desiring to discontinue all or any part of the intrastate transportation service authorized in their certificates or permits shall file, in writing, an original and one (1) copy of an application with the director of the division. The application shall be verified under oath or penalty of perjury, and shall—

   1. (A) Have attached to it a copy of the carrier’s certificate or permit on which the specific route or portion of the described service which the applicant seeks to discontinue is highlighted or otherwise indicated;
   2. (B) State specifically on it the reasons why the applicant seeks to discontinue the transportation service;
   3. (C) State specifically on it the pertinent, supporting facts on which the applicant relies; and
   4. (D) Be granted by the division’s administrative law judge only for good cause shown, based on the verified application, any responses filed by division staff and other interested persons, and, if so ordered in the judge’s discretion, evidence admitted at a hearing on the application.

3. (3) If a common carrier of passengers who has both intrastate authority and interstate authority issued by the Interstate Commerce Commission (ICC) under 49 U.S.C. section 10922, to provide transportation over routes on which the carrier proposes to discontinue intrastate service, or to reduce intrastate service to a level which is less than one (1) trip per day (excluding Saturdays and Sundays), then the carrier shall apply to this division for authority to discontinue or reduce that intrastate service. The application shall comply with the provisions of section (1) of this rule and the following additional requirements:

   1. (A) The verified application shall—

      1. 1. State whether the applicant has

applied to the ICC for authority to discontinue his/her corresponding interstate service on the route under 49 U.S.C. section 10925(b), and whether or not the ICC has granted or will grant that authority;

1. 2. Attach a copy of the ICC order autho-

rizing discontinuance or reduction of the interstate service, if any, and attach a copy of the carrier’s ICC certificate which authorizes the interstate service on the route;

1. 3. Include detailed information showing

the nature and amount of the interstate and intrastate revenues received by the carrier for providing the transportation proposed to be discontinued or reduced, and the variable costs of providing that transportation, including depreciation for revenue equipment; and

1. (B) In making a finding of good cause under subsection (1)(D) of this rule, the administrative law judge shall consider at least the following:

   1. 1. Whether the proposed discontinuance

or reduction is not consistent with the public interest; and

1. 2. Whether the interstate and intrastate

revenues received by the carrier for providing the transportation proposed to be discontinued or reduced are less than the variable costs of providing the transportation, including depreciation for revenue equipment.

1. (4) Whenever an administrative law judge shall suspend the certificate or permit of a motor carrier as provided under section 390.106, RSMo, the division shall immediately notify the carrier of the suspension by mailing a copy of the suspension order to the carrier’s principal place of business or mailing address, if different, as shown upon the division’s records. Within a reasonable time after suspension, the division shall set the matter for a hearing on not less than ten (10) days’ notice, and shall serve on the motor carrier an order requiring him/her to appear at the hearing and show cause why his/her certificate or permit should not be revoked. The scheduled hearing shall be continued by order of the administrative law judge to a later date only for good cause shown.
2. (5) Whenever a formal complaint is filed in accordance with 4 CSR 265-2.070, which requests the suspension or revocation of a motor carrier’s certificate or permit on any of the four (4) grounds set forth in section 390.106, RSMo, the division shall proceed in accordance with that rule, except that the hearing shall be held upon not less than ten
3. (10) days’ notice to the carrier, and any order of revocation shall become effective upon not less than thirty (30) days’ notice.
4. (6) After the hearing, and upon a finding that any of the grounds exist for revocation as set forth in subdivisions (1), (2), (3) or (4) of section 390.106, RSMo, the administrative law judge may order the revocation of the carrier’s certificate or permit upon not less than thirty (30) days’ notice to the carrier. The notice shall be sent by certified mail, return receipt requested, to any carrier who holds intrastate authority.
5. (7) When a carrier has been given notice as provided in this rule, a certificate or permit shall not be reinstated or restored to active status after the effective date of a division order which has revoked that certificate or permit.

AUTHORITY: section 622.027, RSMo 1994.* Original rule filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Emergency amendment filed Aug. 16, 1996, effective Aug. 28, 1996, expired Feb. 23, 1997. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.