2 Del. Admin. Code § 2287-8.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2287-8.0 - Application Interventions

8.1 An application to obtain or revise an existing Certificate of Public Convenience and Necessity shall be subject to a notice and intervention period. The OPC will provide written notice to all existing public carrier Certificate of Public Convenience and Necessity holders located within an applicant's intended territory of operation of the application. An existing Certificate of Public Convenience and Necessity holder has the ability to file an objection to the application. All objections must be filed as follows:

8.1.1 Objections must be submitted to the OPC within 30 days of the date of the OPC's notice;

8.1.2 Objections must be in writing and contain the name, address, email address, telephone number and contact person of the public carrier submitting the objection;

8.1.3 The objection shall clearly provide the reason(s) for the objection and include any documents or other evidence supporting the objection; and

8.1.4 Provide three (3) copies of the objection submission.

8.2 Failure to comply with any of subsection 8.1 may result in the non-acceptance of the objection.

8.3 The OPC shall provide the applicant with any objections it receives within 10 days of the objections receipt. The applicant shall provide written response, if it desires, or modify its application within 10 days of receiving the objection from the OPC.

8.4 The OPC may require the applicant or anyone submitting an objection to an application to provide additional information or documents, or to respond to questions posed by the OPC regarding the application or objection. Documents, additional information and responses to proposed question shall be provided to the OPC within 10 days of the receipt of the OPC's written request. Any failure or refusal to respond within the deadline set forth in this subsection may result in the OPC's rejection of the application or objection.

8.5 After considering all submissions, the OPC will determine if the application shall be approved. The OPC will provide all parties with its determination within 30 days of the date the last documents or information was accepted by the OPC. A written decision will be provided to all parties.

8.6 Any party to the decision may appeal the OPC's decision. The appeal must be filed in writing to the OPC within 14 days of the party's receipt of the OPC's written decision. An appeal will be heard in accord with Section 9.0.

2 Del. Admin. Code § 2287-8.0

22 DE Reg. 1030 (6/1/2019) (final)