SENATE BILL REPORT

HB 250

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

Senate Hearing Date(s):March 25, 1987

Majority Report:  Do pass.

      Signed by Senators Peterson, Chairman; Tanner, Vice Chairman; Bailey, Bender, Conner, DeJarnatt, Halsan, Johnson, Nelson, Patterson, Sellar, Smitherman, von Reichbauer.

Senate Staff:Vicki Fabre (786-7313)

                  March 26, 1987

AS REPORTED BY COMMITTEE ON TRANSPORTATION, MARCH 25, 1987

BACKGROUND:

The Utilities & Transportation Commission may cancel or suspend a carrier's operating authority permit for repeated violations only after "notice and hearing".  The mandatory hearing requirement has been in effect since 1935.  Later adopted statutes, 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.

Fiscal Note:      available

Senate Committee - Testified: Bob Wallis, WUTC