NRS706.391. Application for issuance or modification of certificate: Hearing; standards for reviewing application; duties of applicant; powers of Authority.

      1.  Upon the filing of an application for a certificate of public convenience and necessity to operate as a common motor carrier, other than an operator of a tow car, or an application for modification of such a certificate, the Authority shall fix a time and place for a hearing on the application.

      2.  Except as otherwise provided in subsection 6, the Authority shall grant the certificate or modification if it finds that:

      (a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;

      (b) The proposed operation or the proposed modification will be consistent with the legislative policies set forth in NRS 706.151;

      (c) The granting of the certificate or modification will not unreasonably and adversely affect other carriers operating in the territory for which the certificate or modification is sought;

      (d) The proposed operation or the proposed modification will benefit and protect the safety and convenience of the traveling and shipping public and the motor carrier business in this State;

      (e) The proposed operation, or service under the proposed modification, will be provided on a continuous basis;

      (f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification; and

      (g) The applicant has paid all fees and costs related to the application.

      3.  The Authority shall not find that the potential creation of competition in a territory which may be caused by the granting of the certificate or modification, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

      4.  In determining whether the applicant is fit to perform the services of a common motor carrier pursuant to paragraph (a) of subsection 2, the Authority shall consider whether the applicant has violated any provision of this chapter or any regulations adopted pursuant thereto.

      5.  The applicant for the certificate or modification:

      (a) Must submit a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (b) Has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 2; and

      (c) Must pay the amounts billed to the applicant by the Authority for the costs incurred by the Authority in conducting any investigation regarding the applicant and the application.

      6.  The provisions of subsections 2 to 5, inclusive, do not apply to an owner or operator of a charter bus. The Authority shall grant the certificate or modification to an owner or operator of a charter bus that is not a fully regulated carrier if the Authority finds that the owner or operator of the charter bus has complied with the provisions of subsection 1 of NRS 706.463 and any applicable regulations of the Authority.

      7.  The Authority may issue or modify a certificate of public convenience and necessity to operate as a common motor carrier, or issue or modify it for:

      (a) The exercise of the privilege sought.

      (b) The partial exercise of the privilege sought.

      8.  The Authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

      9.  The Authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate or modification.

      (Added to NRS by 1971, 701; A 1981, 1030; 1983, 1224; 1985, 1879; 1997, 1941, 2675; 1999, 492; 2003, 3208; 2009, 630; 2013, 82)