75-315. Certificates; permits; effective date; revocation or suspension; grounds.
Permits and certificates shall be effective from the dates specified in the permits and certificates and shall remain in effect until terminated as provided in this section and section 75-316. A permit or certificate may, upon application of the permit or certificate holder, in the discretion of the commission, be revoked or may, upon complaint or on the commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for willful failure to comply with any of the provisions of sections 75-101 to 75-801, with any lawful order, rule, or regulation of the commission promulgated under such sections, or with any term, condition, or limitation of the permit or certificate. The commission may, after notice and a hearing, suspend or revoke the permit or certificate of a motor carrier who refuses or subjects to any undue or unreasonable delay any pickup, delivery, or connecting line service, to any shipper, consignee, carrier, or any other person or persons, at any point authorized to be served by such carrier, notwithstanding any hot cargo agreement or other agreement between such motor carrier and a labor organization or any other organization or person.
Source
Annotations
An act or failure to act within the provisions of this section may be willful within the meaning of the statute even though a decision to cease operations under the certificate may be the consequence of circumstances such as financial failure over which the carrier may not have absolute control. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
The term "willful failure" as used in this section means a repeated or continued failure to file reports required by this act. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
Under the provisions of this section, the Nebraska Public Service Commission may, upon complaint or on the commission's own initiative and after notice and hearing, suspend, revoke, or change a certificate of a common carrier for willful failure to comply with any of the provisions of sections 75-101 to 75-801, R.R.S.1943. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
The willful failure herein is such behavior through acts of commission or omission which justifies a belief there was an intent entered into and characterizing the failure complained of. Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).
Structure Nebraska Revised Statutes
Chapter 75 - Public Service Commission
75-101 - Public Service Commission; members; qualifications; terms, defined.
75-101.02 - Public Service Commission; districts; population figures and maps; basis.
75-102 - Commissioners; official oath.
75-103 - Vacancies; appointment.
75-104 - Commissioners; salary; commissioners and employees; expenses; when allowed.
75-104.01 - Commissioner; salary increase; when effective.
75-105 - Seal; office; employees.
75-106 - Executive director; qualifications; salary; duties; fees for transcripts.
75-108 - Attorney General; act as legal advisor.
75-109 - Commission; regulatory powers; scope.
75-110 - Rules and regulations.
75-110.01 - Application or petition for authority or relief; procedures.
75-111 - Commission; investigatory powers.
75-112 - Commissioners and examiners; powers; certification of official acts.
75-113 - Records; prescribe; inspection.
75-114 - Records; refusal to permit examination; penalty.
75-116 - Annual report; filing requirements; fee.
75-117 - Order of commission; failure to comply; penalty.
75-118.01 - Certificate, permit, tariff, rule, or regulation; interpretation; jurisdiction.
75-119 - Rate, rule, or regulation; petition to prescribe or fix; procedure.
75-121 - Emergency rate orders; when authorized.
75-122.01 - Transferred to section 75-134.01.
75-123 - Rates; hearing; criteria.
75-125 - Rate schedule; failure to publish; mandamus.
75-126 - Unjust discrimination and practices prohibited; exceptions.
75-127 - Unjust discrimination and practices; violations; penalties.
75-128 - Hearings; when held; filing fee.
75-129 - Sessions and hearings; when and where held.
75-130.01 - Contested case; ex parte communication prohibited; applicability of section.
75-132 - Complaint; hearing; notice; order.
75-132.01 - Exclusive original jurisdiction; appeal.
75-133 - Regulated parties; proceeding by commission upon own motion; hearing; order.
75-134.01 - Order; enjoin, when.
75-134.02 - Motion for reconsideration.
75-135 - Commission order; authentication.
75-139 - Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.
75-140 - Orders; enforcement; petition; notice.
75-141 - Order; proceeding to enforce; duty of Attorney General.
75-142 - Order; enforcement; procedure.
75-143 - Order; appeal; effect; attorney's fees.
75-144 - Order; violation; injunction; penalty.
75-148 - Common carrier; issuance of securities; conditions.
75-149 - Consolidation; securities; issuance; limitation.
75-150 - Securities; issuance; fees; expenses.
75-151 - Securities; violation; penalty.
75-152 - Common carriers; consignor; designation of means and routing of shipment.
75-153 - Common carriers; consignee; designation of means and routing of shipment; exception.
75-154 - Common carriers; consignor; violation of shipping instructions; damages.
75-155 - Violations; general penalty.
75-156 - Civil penalty; procedure; order; appeal.
75-157 - Hearing; order; requirements.
75-158 - Unpaid civil penalty; how treated.
75-201 - Air carrier; exempt from commission regulation.
75-301 - Motor carriers; regulation; legislative policy.
75-303 - Motor carriers; scope of law.
75-303.01 - Nonemergency medical transportation for medicaid clients; contracts authorized.
75-303.02 - Contracts for transportation; requirements.
75-304.01 - Rates, fares, and charges; commission prescribe; when.
75-305 - Fees; amount; when due; disposition.
75-306 - Receipt for fees; license plates and renewal tabs.
75-307 - Insurance and bond requirements; subrogation; applicability of section.
75-308 - Tariff; publication; unlawful practices.
75-309 - Certificate of public convenience and necessity or permit; required; exception.
75-309.01 - Transportation of passengers for hire; operation without certificate; nuisance; penalty.
75-310 - Application for certificate or permit; petition for relief; requirements.
75-311 - Certificates; permits; designation of authority; issuance; review by commission; effect.
75-313 - Certificate; permit; terms.
75-314 - Deviation from route; special or charter parties.
75-315 - Certificates; permits; effective date; revocation or suspension; grounds.
75-319 - Sale, transfer, lease, or consolidation; temporary approval.
75-321 - Certificate; permit; death or incompetency of holder; transfer; approval of commission.
75-325 - Transportation network company; duties; driver; duties; complaints; commission; powers.
75-326 - Participating driver; requirements; criminal history record information check.
75-329 - Inspection of records; complaint; commission powers; treatment of records.
75-330 - Noncompete provision.
75-331 - Transportation Network Company Regulation Cash Fund; created; use; investment.
75-333 - Transportation network company insurance; requirements.
75-334 - Transportation network company insurance during application open stage; requirements.
75-335 - Coverage of insurance; certificate of insurance; filing required.
75-336 - Liability; certain payments; how treated.
75-337 - Owner of personal vehicle; duty.
75-338 - Sections; how construed.
75-339 - Personal automobile insurer; policy, amendment, or endorsement; contents.
75-340 - Cooperation with insurers; maintenance of records.
75-341 - Participating driver; proof of insurance coverage.
75-342 - Certain services; specific authorization from commission required.
75-344 - Transferred to section 2-2709.
75-345 - Transferred to section 2-2710.
75-346 - Transferred to section 2-2711.
75-347 - Transferred to section 2-2712.
75-362 - Federal regulations; terms, defined.
75-363 - Federal motor carrier safety regulations; provisions adopted; exceptions.
75-364 - Additional federal motor carrier regulations; provisions adopted.
75-365 - Definitions; applicability; report; requirements.
75-369.01 - Nebraska State Patrol carrier enforcement division; safety audit or compliance review.
75-369.02 - Safety rating; factors; notice.
75-369.04 - Civil penalty; order; contents; collection.
75-369.05 - Notice or order; service.
75-369.06 - Unpaid civil penalties; collection.
75-369.07 - Summary order; hearing; procedure; final order; appeal.
75-370 - Insurance, bond, certificate, and permit requirements; enforcement; duties.
75-371 - Insurance, bond, certificate, and permit requirements; violations; penalty.
75-385 - Division of Motor Carrier Services; established; Administrator of Motor Carrier Services.
75-386 - Division of Motor Carrier Services; duties.
75-389 - Rules and regulations.
75-391 - Motor carrier transportation contracts; exculpatory provisions prohibited.
75-393 - Unified carrier registration plan and agreement; director; powers.
75-396 - Rules and regulations.
75-397 - Forms and electronic systems to allow filings.
75-399 - Sections not applicable to intrastate commerce.
75-401 - Public Service Commission; jurisdiction; railroad safety; enforcement.
75-401.01 - Railroads; discontinue agency service or close station; hearing.
75-403 - Railroads; violation of orders of commission; civil liability; defenses precluded.
75-405 - Reciprocal demurrage; annual agreement.
75-410 - Transferred to section 74-1332.
75-411 - Transferred to section 74-1333.
75-412 - Transferred to section 74-1334.
75-413 - Transferred to section 74-1335.
75-414 - Transferred to section 74-1336.
75-415 - Transferred to section 74-1337.
75-416 - Transferred to section 74-1338.
75-417 - Transferred to section 74-1339.
75-418 - Transferred to section 74-1340.
75-419 - Employees; hours of labor.
75-420 - Employees; hours of labor; violation; penalty.
75-426 - Accidents; reports; filing; investigation; violation; penalty.
75-427 - Transferred to section 74-1331.
75-428 - Intersections; transfer facilities; duty to provide; violation; penalty.
75-429 - Switch stand lights and signals; operation; violation; penalty.
75-430 - Railroad signals; interference with view; authority of commission.
75-501 - Common carrier, declaration; commission jurisdiction; rules and regulations; validity.
75-502 - Pipeline carriers; powers.
75-503 - Pipeline carriers; tapping pipeline; commission may authorize.
75-604 - Transferred to section 86-128.
75-605 - Transferred to section 86-130.
75-606 - Transferred to section 86-161.
75-607 - Transferred to section 86-131.
75-608 - Transferred to section 86-132.
75-609 - Transferred to section 86-140.
75-609.01 - Transferred to section 86-141.
75-610 - Transferred to section 86-162.
75-611 - Transferred to section 86-133.
75-612 - Transferred to section 86-135.
75-613 - Transferred to section 86-136.
75-614 - Transferred to section 86-137.
75-615 - Transferred to section 86-138.
75-616 - Transferred to section 86-156.
75-617 - Transferred to section 86-160.
75-701 - Public Service Commission; jurisdiction denied.
75-703 - Intersections between railroads and highways; rules and regulations.
75-704 - Intersections between railroads and highways; prohibited acts.
75-706 - Intersections between railroads and highways; crossing of wires; clearance.
75-707 - Intersections between railroads and highways; crossing of wires; regulation.
75-708 - Wires; violation; penalty; enforcement.
75-709 - Electric lines; clearance from other lines.
75-710 - Electric line; construction or voltage increase; application required, when.
75-711 - Application to construct line or increase voltage; notice; hearing.
75-713 - Construction near airports; application; when.
75-715 - Construction near airports; notice of hearing; to whom; objections.
75-716 - Division of Aeronautics; file list of airports with commission.
75-717 - Construction near airports; hearing; order.
75-718 - Transmission, telephone, or telegraph lines; commission may vacate side of highway, when.
75-721 - Construction; operation; commission may regulate.
75-722 - Procedure; appeal; provisions applicable.
75-723 - Transmission, telephone, and telegraph lines; violations; penalty.
75-724 - Lines in cities or villages; exempt.
75-802 - Transferred to section 25-226.
75-903 - Grain dealer; licensure; requirements; fee.
75-903.01 - License; suspension or revocation; procedure.
75-903.02 - Criminal history record information check; fingerprinting; when.
75-904 - Grain dealer; receipt, contract, bill of lading, other written communication requirements.
75-905 - Recourse to grain dealer's security; when.
75-906 - Violation of security; commission; powers.
75-907 - Commission; adopt rules and regulations.
75-907.01 - Commission; inspection; powers.
75-1003 - Private water company; rates and charges; regulation by commission.
75-1004 - Commission; access to books and records.
75-1005 - Review of rates and charges; petition; hearing; notice.
75-1006 - Change to rates or charges; notice.
75-1007 - Change to rates or charges; petition; hearing; notice; procedure.
75-1008 - Commission; issue order; appeal; denial; effect.
75-1009 - Rate or charge; yield authorized.
75-1010 - Rules and regulations.