(2) If the application for issuance, extension or transfer of a certificate under this section is the subject of a hearing, the department shall issue the certificate if the applicant has complied with this chapter and the rules of the department, and if the department finds from the record and the evidence submitted at the hearing that:
(a) The applicant is fit, willing and able to perform the transportation service proposed;
(b) The applicant has certified that the vehicles listed on the application comply with all Oregon laws and rules covering vehicle safety and operations and will be so maintained;
(c) The service proposed will not be attended with substantial damage to the highways or danger to other highway users or to the public;
(d) The rates or contracts proposed by the applicant, if an intrastate operator, are approved by the department; and
(e) The applicant can and will furnish and file the insurance, bond or substitute security or qualify as self-insurer as provided in this chapter.
(3) If the department does not find that all the conditions provided in subsection (2) of this section are satisfied, the department may deny the application or may defer issuance of the certificate pending compliance by the applicant with those conditions provided in subsection (2) of this section.
(4) If an application for a certificate under this section is denied, the department shall notify the applicant of the reasons for denial. The applicant is entitled to a hearing if written request for a hearing is made within 15 days after the notification of denial.
(5) If the applicant fails to appear at the time and place fixed for the hearing, the application may be denied.
(6)(a) Pending determination of application for transfer of a certificate, the department may grant approval of the temporary operation of the certificate by the prospective transferee or, if the transferor’s service to the public may be substantially impaired, may authorize temporary management of the transferor’s motor carrier operations by the prospective transferee.
(b) Service performed under temporary authority granted under this section is subject to all provisions of this chapter and the rules of the department.
(7) The department may require an applicant for a certificate to operate as a for-hire carrier of household goods issued under this section to complete a criminal background check. The department shall adopt rules describing the standards used by the department to determine if an applicant is unfit based on the results of the applicant’s criminal history. [Formerly 767.135; 2009 c.433 §3; 2015 c.283 §16]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Section 825.005 - Definitions.
Section 825.017 - Nonapplicability of chapter to certain persons and vehicles.
Section 825.020 - Applicability of chapter to certain vehicles and combinations over 26,000 pounds.
Section 825.022 - Nonapplicability of certain provisions to vehicles and combinations.
Section 825.024 - Applicability to farm vehicles.
Section 825.028 - Transportation services for charitable organizations.
Section 825.032 - Nonapplicability of economic regulation to specified vehicles.
Section 825.102 - Issuance of permits to intrastate for-hire carriers; rules.
Section 825.108 - Issuance of permits to private carriers; exception.
Section 825.115 - Temporary authority to provide transportation services; duration.
Section 825.117 - Certificate for emergency transportation services.
Section 825.129 - Legal status of certificates.
Section 825.137 - Cancellation, revocation or suspension of authority, generally.
Section 825.160 - Liability insurance of carriers.
Section 825.162 - Cargo insurance.
Section 825.166 - Deposit of securities or letter of credit.
Section 825.168 - Self-insurance.
Section 825.180 - Application fee; transfer fee; refunds.
Section 825.200 - Rules and orders regarding uniform cargo liability and joint line rates.
Section 825.202 - Department’s authority over for-hire carriers of household goods.
Section 825.206 - Duties of interstate carriers.
Section 825.210 - Regulation of motor vehicles.
Section 825.212 - Regulation of mileage records; distinguishing marks.
Section 825.224 - Rate regulation of carriers of household goods.
Section 825.226 - Rating bureaus; rules.
Section 825.230 - Carrier to operate only in class for which authority issued; effect of violation.
Section 825.232 - General authority to prescribe and enforce rules and classifications.
Section 825.234 - Classes of carriers of household goods; filing of tariff.
Section 825.248 - Annual commercial motor vehicle safety plan.
Section 825.250 - Stop for inspection.
Section 825.254 - Limitation on movement of vehicles to particular days of week; rules.
Section 825.260 - Impoundment of vehicles unlawfully transporting hazardous wastes or substances.
Section 825.302 - Service of process on nonresident carrier by serving the department.
Section 825.326 - Motor Carrier Account; Consumer Protection Household Moves Account.
Section 825.330 - Restrictions on use of funds.
Section 825.402 - Participation in program.
Section 825.410 - Drug and alcohol testing program.
Section 825.415 - Drug and alcohol testing; school transportation provider.
Section 825.450 - Weight identifier; period of validity; rules.
Section 825.454 - Identification devices; applications.
Section 825.470 - Temporary pass; fees; rules.
Section 825.472 - Determination of filing of reports or payments.
Section 825.474 - Motor carrier tax for use of highways.
Section 825.475 - Exemption from motor carrier tax and fuel tax.
Section 825.476 - Carrier tax tables.
Section 825.480 - Substitute taxes for certain vehicles.
Section 825.482 - Review of flat fee rates.
Section 825.486 - Credit for fuel tax.
Section 825.492 - Annual and quarterly reports authorized.
Section 825.494 - Assessment by department upon failure to report tax or fee due.
Section 825.502 - Payment of taxes and fees by credit card; rules.
Section 825.504 - Warrant procedure for collecting tax, fee, penalty or assessment.
Section 825.506 - Deposit or bond to secure payment of fees, taxes, charges and penalties.
Section 825.507 - Limitations on cancellation of bond; suspension of authority.
Section 825.508 - Use of collection agency to obtain moneys due.
Section 825.509 - Writing off uncollected moneys due.
Section 825.515 - Daily records and monthly reports by carriers.
Section 825.517 - Certain records not public.
Section 825.550 - Multijurisdictional agreement for collection of weight-mile taxes; rules.
Section 825.555 - International fuel tax agreement; rules; fees.
Section 825.600 - Purpose of ORS 825.601 to 825.615.
Section 825.601 - Definitions.
Section 825.605 - Unlawfully idling the primary engine of a commercial vehicle; penalty.
Section 825.610 - Exemptions from requirements in ORS 825.605.
Section 825.615 - Preemption of local regulation of idling; exception.