FINAL BILL REPORT

HB 250

                                  C 209 L 87

BYRepresentatives Walk, Schmidt, Gallagher, Meyers and Dellwo; by request of Utilities and Transportation Commission

Allowing the utilities and transportation commission to take action on permits after notice and opportunity for hearing.

House Committe on Transportation

Senate Committee on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

The Utilities and Transportation Commission (UTC) may cancel or suspend a motor carrier's operating authority permit for repeated violations only after "notice and hearing."  The mandatory hearing requirement has been in effect since 1935.  Later laws, such as the Administrative Procedures Act, make the general legal requirement for such actions "notice and opportunity" for hearing.

The overwhelming reason for permit cancellation is failure to maintain insurance.  Some 12 to 20 permits are cancelled each month for this reason. The requirement of a mandatory hearing adds time and expense to the permit cancellation and suspension process.  Changing the hearing procedure to provide for an "opportunity" for hearing after preliminary notification should also reduce the UTC's workload.

SUMMARY:

The requirement that a hearing be held in a common carrier permit cancellation or suspension case when one is not requested by the affected carrier is deleted and replaced with an "opportunity" for hearing.  This brings the hearing procedure in line with the Administrative Procedures Act.

A warning notice will still be sent to the carrier by certified mail informing the carrier that the operating permit will be cancelled unless a hearing is requested to explain any extenuating circumstances.  By law, after a final order cancelling a permit is entered, the carrier may petition for reconsideration.

VOTES ON FINAL PASSAGE:

      House 85   0

      Senate    43     0

EFFECTIVE:July 26, 1987