Rule 570-38-7-.04 - Application for NCT Permit(1) A towing or storage firm may apply for a nonconsensual towing permit from the Department by submitting a written application in the form prescribed by the Department. The applicant shall include upon the application all information deemed necessary by the Department and authorized by law for the Department to require as part of the application process.(2) The business name provided by the applicant in its application must match the business name listed on all additional documentation the applicant is required or requested to submit to the Department in accordance with law or these Rules during the application process or while operating as a towing and storage firm.(3) Applicants shall be required to pay an annual filing fee of $300.00. Such filing fee shall accompany the application, which shall not be complete and ready for favorable Department action until such fee is paid. Such fee is nonrefundable upon Department denial of the application, applicant's withdrawal of the application, or for any other reason. The permit shall be issued on an annual basis.(4) The Department shall issue a nonconsensual towing permit if:(a) The applicant's application is complete;(b) The applicant has paid the required annual filing fee;(c) The applicant has complied with all other requirements of state law and these Rules relevant to the receipt of a permit to perform nonconsensual towing; and(d) The applicant demonstrates the willingness and ability to comply with (1) the laws of Georgia, (2) the rules and regulations of the Department related to NCT Carriers, (3) the Maximum Rate Tariff, and (4) the orders of the Department pertaining to NCT Carriers.(5) The Department may refuse to issue a permit where the applicant has failed to meet the requirements set forth in paragraph (3) of this Rule. If the Department denies an applicant a permit under this rule, the applicant shall be entitled to a hearing to contest the denial only upon written request made within 30 days of notice of denial as defined in paragraph (5) of this Rule.(6) The Department shall notify applicants for a permit under this Rule of any permit denial by certified mail to the address provided by the applicant in their application. Notice under this rule shall be deemed effective by the earlier of (a) the date upon which delivery by certified mail is made of the notice to the applicant; or(b) three days after notice is sent by certified mail to the applicant.(7) The Department may notify an applicant for a permit under this Rule that a submitted application is not complete or otherwise cannot be considered and afford the applicant an opportunity to complete or rectify the application. In such circumstances, the applicant shall be afforded no longer than 30 days to complete or rectify the application. If the applicant does not complete or rectify its application within the required time period, the Department shall deem the application abandoned and the applicant shall be required to complete a new application if such applicant later seeks a non-consensual towing permit.Ga. Comp. R. & Regs. R. 570-38-7-.04
O.C.G.A. §§ 40-1-54, 44-1-13.
Original Rule entitled "Application for NCT Permit" adopted. F. Apr. 21, 2020; eff. May 11, 2020.