For Regulated Carriers
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The below is a Step-by-Step overview of the application process for applications to transport passengers on a for-hire basis within the State of Nebraska. Please refer to this outline throughout the application process for information on what to expect.
The applicant submits:
A. the completed application (seeking common carrier authority or seeking contract carrier authority)
B. non-refundable application fee ($300)
C. business entity information, if applicable (Articles of Incorporation or Articles of Organization, etc.)
D. Nebraska fingerprint-based criminal background check
Staff reviews the application for completeness. If application is incomplete the applicant is notified of the deficiencies and is given opportunity to correct application.
A caption is assigned to the application. This serves as the official identifier in the case. It outlines explicitly what the application is seeking. For example:
In the Matter of the Application of [Applicant Name] seeking authority as a [common/contract carrier] in Nebraska intrastate commerce in the transportation of passengers in [service classification sought] by [vehicle type identified in application] in and between points in [geographic territory].
Caption is sent to The Daily Record for publication. Publication typically occurs within 2-3 days. Publication last for 30 days and is a period of time where interested parties can file protests (or challenges) to the application.
An authority for a common carrier is based on a determination that the applicant is fit, willing, and able to provide the service and that there is an identifiable need for that service (outlined in Neb. Rev. Stat. 75-309).
An authority for a contract carrier is based on a determination that the applicant is fit, willing, and able to provide the service and that the service is designed to meet the needs of the specific individuals that will be transported. In other words, that the service is specifically tailored for the party being contracted with to receive the service.
Protests to applications in this time are primarily to address that either of these burdens have not, or cannot, be met by applicant.
DECISION POINT - was a protest filed within the 30-days?
Step 1: Hearing Officer is Assigned (1-2 weeks)
A Commissioner is assigned as a Hearing Officer to oversee the application and make procedural decisions as needed.
Step 2: Protest is formally granted (1-2 weeks)
A Hearing Officer Order is issued that formally grants the filed protest, if sufficient.
An “Order” or “Hearing Officer Order” is a document that formally outlines a decision by either the Commission as a whole or the Assigned Hearing Officer.
Step 3: Planning Conference is scheduled (2-3 weeks)
The Commission’s paralegal communicates with the Applicant and the Protestant(s) to determine availability for a planning conference.
A planning conference is a telephonic conference where several key dates will be determined; discovery deadlines, motion deadlines, a hearing date, etc.
A Hearing Officer Order will be issued and sent to each party outlining date of Planning Conference.
Step 4: Planning Conference is held
Planning Conference is held and key dates are determined. A Hearing Officer Order is then issued formally setting the dates. This includes the setting of the Hearing date.
Step 5: Hearing is held (6-8 weeks after Planning Conference)
A formal, on-the-record proceeding is held where the parties are required to demonstrate their positions utilizing permitted witnesses and exhibits. It is structured similar to a traditional legal proceeding. There will be direct examination, cross-examination, and questions from both Commissioners and Commission staff.
If an applicant is not represented by counsel, their involvement at the hearing may be limited in terms of the ability to elicit testimony from witnesses and present certain evidentiary filings.
Determination of application is NOT done at hearing.
Step 6: Commission Review (4-6 weeks post-hearing)
Commission reviews the record to issue determination.
Step 1: Applicant completes Modified Procedures
All applications filed with the Commission are subject to a Hearing. However, in an effort to increase administrative efficiency the Commission has the ability to process non-protested applications through the use of notarized affidavits in lieu of a hearing.
There are two affidavits for each application: one completed by the Applicant and a separate affidavit completed in support of the application by someone that can speak to specifically to the need of the proposed service. If applying as a contract carrier, and Affidavit of Support MUST be filed for EACH entity to be contracted with.
Step 2: Staff Review of Affidavits (1-3 weeks)
If affidavits sufficiently provide enough information to meet an applicant’s burden of proof, A Commission decision is issued via an “Order” at a pre-scheduled Commission Meeting. Commission Meetings are set at the beginning of the calendar year, and typically fall on each Tuesday at 10:00 a.m.
If affidavits are insufficient, A formal, on-the-record proceeding is held where the parties are required to demonstrate their positions utilizing permitted witnesses and exhibits. It is structured similar to a traditional legal proceeding. There will be direct examination, cross-examination, and questions from both Commissioners and Commission staff.
If an applicant is not represented by counsel, their involvement at the hearing may be limited in terms of the ability to elicit testimony from witnesses and present certain evidentiary filings.
Determination of application is NOT done at hearing.
After the Hearing, Commission reviews the record to issue determination. This typically takes 4-6 weeks
A Commission decision is issued via an “Order” at a pre-scheduled Commission Meeting. Commission Meetings are set at the beginning of the calendar year, and typically fall on each Tuesday at 10:00 a.m.
If Commission approves application – Proceed to next Step. Operations are not permitted.
If Commission denies application – applicant may appeal decision based on Commission Procedures found in Rules and Regulations.
Applicant must finalize the issuance of their authority by completing three (3) compliance items:
- Having Rates approved by Commission
- Registering Vehicles for PSC plating
- Having Insurer file a FORM E
The compliance items can be completed in any order. However, an authority will not be issued until ALL THREE are completed. Thus, it is in a carrier’s best interest to have the insurance filing be the last item complete to prevent occurring any unnecessary costs.
Rate application
All carriers can only charge rates approved, and on file, with the Commission. Therefore, prior to a carrier beginning operations the carrier must file a request to charge certain rates.
Similar to the general application, rate applications are, by default, subject to a 30-day publication period as well. However, this 30-day publication period can be alternated to a post-approval publication period of 15-days upon a showing that a carrier would experience some harm by not having their rates go into effect immediately.
Once all of the compliance items have been accepted, the last step is for the Commission to conduct an inspection on all of Applicant's vehicles to ensure compliance with all applicable rules and regulations; including, but not limited to, appropriate signage, taximeter installation, interior passenger notices, etc.
At the conclusion of the inspection, PSC investigators will provide Applicant all assigned PSC plates and Cab Cards for installation on vehicles. In addition, PSC investigators will provide Applicant with copy of Authority.
Regulated motor carriers are separated into the following service classifications:
| Taxicab Companies | Open Class Companies | Limousine Companies | Bus Companies | Unique Service Companies |
|---|---|---|---|---|
|
Taxi companies provide transportation to passengers for hire by a vehicle, subject to Rule 010.02 (2), along the most direct route between the points of origin and destination or a route under the control of the person who hired the vehicle and not over a defined regular route. Transportation is provided on a prearranged or on demand basis at metered mileage based on per-trip fare according to the provisions of Rule 010.02 (H), commencing within and/or restricted to a defined geographic area.
|
Open Class companies provide transportation to passengers for hire along the most direct route between the points of origin and destination or along a route under the control of the person who hired the vehicle and not over a defined regular route, on a prearranged and not on a demand basis, at a mileage based, per trip fare or an hourly rate.
|
Limousine companies provide transportation for passengers for hire along a route under the control of the person who hired the vehicle, and not a defined regular route. Transportation is provided on a prearranged and not on a demand basis for a premium fare.
|
Special Party and Charter Bus Service is provided to passengers by bus or van either by charter or regular route, either prearranged or scheduled service, at a fare approved by and on file with the Commission. Bus Service may be hired on a charter basis for the transportation of seven (7) or more passengers who collectively contract for transportation on a particular trip paying one lump sum. Bus Service may also be hired on a special party basis for the transportation of one or more passengers who individually contract for transportation to a common destination with each person paying an individual sum. Special Party and Charter companies include carriers such as party buses and school bus companies providing transportation outside of the transportation of school children.
|
Unique Service is provided to passengers by low-speed vehicles by a regular route, irregular route, or route under the control of the passenger, on a pre-arranged or on-demand basis, at a per trip or hourly fare approved by the Commission. |
