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23-13-210. Hearings before department.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-210. Hearings before department.
(a) Any matter arising in the administration of this subchapter concerning which a hearing is required shall be heard by the Arkansas Department of Transportation.
(b) A decision of the majority of the members of the department shall constitute its decision.
(c) The department may assign or refer the matter to an employee or board of employees for hearing and written report and recommended order, and the department shall review and may determine the matter upon the record theretofore made.
(d) All hearings shall be held in the office of the department except that if in the discretion of the department circumstances justify it, hearings may be held at any place in the state.
(e) The members of the department, the secretary thereof, and employees designated by the department to hold hearings shall have the power to administer oaths and to issue subpoenas requiring the attendance and testimony of witnesses and the production of books, papers, tariffs, contracts, agreements, and documents and to take testimony by deposition, relating to any matter under consideration.
(f) In connection with any proceedings under this subchapter in which a hearing is required, or is deemed necessary by the department, not less than ten (10) days' notice shall be afforded, except in hearings provided for in § 23-13-224. Opportunity for intervention by interested parties in connection with any such proceeding shall be afforded.
(g)(1) The department or its designated employees are authorized to confer with or hold joint hearings with any authorities of the United States or any state, or any department of the State of Arkansas, in connection with any matter arising in any proceeding under this subchapter.
(2) This department is also authori
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-210
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-13-210
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ac3a9ef6345754fdb30e277d67927c4f6f93333da21fd91677b25eef6684980e
Source location: content.xml paragraph 8807
Stored source content
23-13-210. Hearings before department.
(a) Any matter arising in the administration of this subchapter concerning which a hearing is required shall be heard by the Arkansas Department of Transportation.
(b) A decision of the majority of the members of the department shall constitute its decision.
(c) The department may assign or refer the matter to an employee or board of employees for hearing and written report and recommended order, and the department shall review and may determine the matter upon the record theretofore made.
(d) All hearings shall be held in the office of the department except that if in the discretion of the department circumstances justify it, hearings may be held at any place in the state.
(e) The members of the department, the secretary thereof, and employees designated by the department to hold hearings shall have the power to administer oaths and to issue subpoenas requiring the attendance and testimony of witnesses and the production of books, papers, tariffs, contracts, agreements, and documents and to take testimony by deposition, relating to any matter under consideration.
(f) In connection with any proceedings under this subchapter in which a hearing is required, or is deemed necessary by the department, not less than ten (10) days' notice shall be afforded, except in hearings provided for in § 23-13-224. Opportunity for intervention by interested parties in connection with any such proceeding shall be afforded.
(g)(1) The department or its designated employees are authorized to confer with or hold joint hearings with any authorities of the United States or any state, or any department of the State of Arkansas, in connection with any matter arising in any proceeding under this subchapter.
(2) This department is also authorized to avail itself of the cooperation, services, records, and facilities of such authorities as fully as may be necessary in the enforcement of any provision of this subchapter.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-224. Permits for contract carriers — Issuance.
(a) Subject to this subchapter, a permit for a contract carrier by motor vehicle shall be issued to any qualified applicant therefor authorizing in whole or in part the operations covered by the applications, if it is found that the applicant is fit, willing, and able to properly perform the service of a contract carrier by motor vehicle and to conform to the provisions of this subchapter and the lawful requirements and rules of the Arkansas Department of Transportation, and the proposed operation, to the extent authorized by the permit, will promote the public interest and the policy declared in § 23-13-202; otherwise the application shall be denied.
(b) No permit shall be issued by the department except upon a hearing at least twenty (20) days after service of notice to interested parties of the time and place thereof.
(c) In granting applications for permits, the department shall take into consideration:
(1) The reliability and financial condition of the applicant and his or her sense of responsibility toward the public;
(2) The transportation service being maintained by any railroad, street railway, or motor carrier;
(3) The likelihood of the proposed service being permanent and continuous throughout twelve (12) months of the year and the effect which the proposed transportation service may have upon existing transportation service; and
(4) Any other matters tending to show the necessity or want of necessity for granting the application.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-224
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-13-224. This identifies an authority to review, not proof of applicability.