Sec. 13. (a) Upon the filing of an application for a certificate, the department shall, within a reasonable time, fix a time and place for public hearing in the city of Indianapolis, unless otherwise ordered by the department. A copy of the notice of hearing shall be mailed to the applicant at the address set out in the application at least ten (10) days before the hearing. Any person interested in the proceedings may appear in person or by attorney and offer evidence in support of or in opposition to the application and with or without the filing of formal pleadings.

     (b) The applicant has, at all times, the burden of proving, by a preponderance of the evidence, that public convenience and necessity requires the proposed operation, and that the proposed operation will not unreasonably impair the public service of any authorized common carrier, or common carriers by motor vehicle or by railroad, then adequately serving the same territory.

Terms Used In Indiana Code 8-2.1-22-13

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
     (c) If the department finds from the evidence and from any additional investigation that the department causes to be made that public convenience and necessity exist for the service proposed, or any part of the service, the application shall be granted, subject to terms, restrictions, and limitations as the department may determine, otherwise, the application shall be denied.

     (d) In determining whether a certificate shall be granted, the department may, among other things, consider the following:

(1) The financial ability of the applicant to furnish adequate service.

(2) Whether other transportation service then in existence is adequate.

(3) The effect upon other transportation service, and, particularly, whether the granting of the application will or may seriously impair that service.

(4) The volume of other traffic over the route proposed by the applicant.

(5) The effect and burden upon the highways and the bridges on the highways, and the use of the highways and bridges by the public.

(6) Whether the operations will threaten the safety of the public or be detrimental to the public welfare.

As added by P.L.99-1989, SEC.13.

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