Nebraska Statutes 75-319. Sale, transfer, lease, or consolidation; temporary approval
(1) Pending the determination of an application filed under section 75-318, the commission may, in its discretion, after not less than five days’ notice to interested carriers, and without hearings or other proceedings, grant temporary approval, for a period not exceeding ninety days, of a lease of the regulated motor carrier properties and of the certificates or permits sought to be acquired to the person filing the application, if it shall appear that failure to grant such temporary approval may result in destruction of or injury to such regulated motor carrier properties, and certificates or permits sought to be acquired, or interfere substantially with their future usefulness in the performance of adequate and continuous service to the public.
Terms Used In Nebraska Statutes 75-319
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
(2) Transportation service rendered under such temporary authority shall be subject to the provisions of sections 75-101 to 75-801 and to the rules, regulations, and requirements of the commission.
(3) The grant of temporary authority and the operations thereunder shall not be admissible in evidence to establish or prove the present or future public convenience and necessity.
(4) No renewal or extension of the period of ninety days provided for in this section shall be granted.
Source
- Laws 1963, c. 425, art. III, § 19, p. 1386;
- Laws 1995, LB 424, § 43.