SENATE BILL REPORT
SB 5283
BYSenators Hansen and Patterson; by request of Utilities and Transportation Commission
Allowing the utilities and transportation commission to take action on permits after notice and opportunity for hearing.
Senate Committee on Transportation
Senate Hearing Date(s):February 18, 1987; February 25, 1987
Majority Report: Do pass.
Signed by Senators Peterson, Chairman; Hansen, Vice Chairman; Bailey, Barr, Bender, Conner, DeJarnatt, Garrett, Nelson, Sellar, Smitherman, West.
Senate Staff:Vicki Fabre' (786-7313)
February 26, 1987
AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 25, 1987
BACKGROUND:
The Utilities and Transportation Commission (UTC) 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. The Administrative Procedure Act (APA) which establishes uniform procedures for agency administration hearings requires only "notice and opportunity" for a hearing. Changing the UTC hearing procedure would bring it in line with the APA.
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 the requirement of "notice and opportunity for hearing." This brings the hearing procedure in line with the Administrative Procedure Act.
Fiscal Note: available
Senate Committee - Testified: Steve McLellan, Washington Utilities and Transportation Commission; Bob Wallis, Washington Utilities and Transportation Commission