N.J. Admin. Code § 16:65-5.5
Current through Register Vol. 56, No. 23, December 2, 2024
Section 16:65-5.5 - Disposition of motions to intervene in proceedings involving regular service operations petitions(a) With respect to petitions for regular service operations (original authority or modification requests), in order for a movant to demonstrate that it has an interest in the subject matter that will be substantially and specifically affected by the proceeding, its motion must clearly show through the introduction of documentation, evidence delineating material facts, that: 1. The movant operates an authorized regular route service in the proposed service area, and that the granting of the relief sought may jeopardize the profitability of the regular route service;2. There is insufficient public need for the proposed regular route service;3. The petitioner has failed to make a request from which the Department can grant relief;4. The petition lacks veracity; or5. The petitioner is unfit to conduct the proposed regular route service. i. For purposes of (a)5 above, items relating to fitness shall include, but are not limited to: (1) The availability of the requisite equipment or personnel to provide the proposed service;(2) Whether petitioner has a history of illegal operations such that to grant the relief requested by petitioner might disserve the public interest;(3) Whether petitioner has been convicted of an offense listed in 5:12-86(c); and(4) Whether the petitioner has acted in such a way that to grant the petitioner's request would be harmful to the public interest. N.J. Admin. Code § 16:65-5.5
Recodified from 16:65-4.5 by 47 N.J.R. 1997(a), effective 8/3/2015