State Codes and Statutes

Statutes > Ohio > Title49 > Chapter4921 > 4921_13

4921.13 Death of operator - dissolution of partnership - transfer of certificate.

Upon the death of a person operating as a motor transportation company under a certificate of public convenience and necessity, his personal representative may operate under such certificate while such certificate remains in force and, with the consent of the public utilities commission, may transfer such certificate. Upon the dissolution of a partnership operating as a motor transportation company under a certificate of public convenience and necessity, caused by death or otherwise, if the surviving or remaining partners acquire the assets of the partnership, the partners so acquiring such assets may continue to operate under such certificate while it remains in force, and, with the consent of the commission, may transfer such certificate. Where such dissolution is caused by death, if the surviving partners do not acquire the assets of the partnership, then such surviving partners and the personal representative of the deceased partner may transfer such certificate with the consent of the commission. A receiver or trustee of a motor transportation company appointed by any court of competent jurisdiction may operate under any certificate held by such motor transportation company while such certificate remains in force, and, with the consent of the commission, may transfer such certificate. In all other cases, a certificate of public convenience and necessity may be transferred with the consent of the commission after a public hearing. Applications for the transfer of certificates under this section shall be made in writing and shall be in such form as the commission requires. The applicants shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to the date set for the hearing of such application in a newspaper of general circulation published at the county seat of the county in which is located the principal place of business of the applicant, or in a newspaper of general circulation published at the county seat of Franklin county when no principal place of business of the applicant is located in this state. The commission shall fix a date for the hearing of such application and shall give the applicant at least ten days’ written notice of such hearing.

Effective Date: 10-25-1961

State Codes and Statutes

Statutes > Ohio > Title49 > Chapter4921 > 4921_13

4921.13 Death of operator - dissolution of partnership - transfer of certificate.

Upon the death of a person operating as a motor transportation company under a certificate of public convenience and necessity, his personal representative may operate under such certificate while such certificate remains in force and, with the consent of the public utilities commission, may transfer such certificate. Upon the dissolution of a partnership operating as a motor transportation company under a certificate of public convenience and necessity, caused by death or otherwise, if the surviving or remaining partners acquire the assets of the partnership, the partners so acquiring such assets may continue to operate under such certificate while it remains in force, and, with the consent of the commission, may transfer such certificate. Where such dissolution is caused by death, if the surviving partners do not acquire the assets of the partnership, then such surviving partners and the personal representative of the deceased partner may transfer such certificate with the consent of the commission. A receiver or trustee of a motor transportation company appointed by any court of competent jurisdiction may operate under any certificate held by such motor transportation company while such certificate remains in force, and, with the consent of the commission, may transfer such certificate. In all other cases, a certificate of public convenience and necessity may be transferred with the consent of the commission after a public hearing. Applications for the transfer of certificates under this section shall be made in writing and shall be in such form as the commission requires. The applicants shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to the date set for the hearing of such application in a newspaper of general circulation published at the county seat of the county in which is located the principal place of business of the applicant, or in a newspaper of general circulation published at the county seat of Franklin county when no principal place of business of the applicant is located in this state. The commission shall fix a date for the hearing of such application and shall give the applicant at least ten days’ written notice of such hearing.

Effective Date: 10-25-1961


State Codes and Statutes

State Codes and Statutes

Statutes > Ohio > Title49 > Chapter4921 > 4921_13

4921.13 Death of operator - dissolution of partnership - transfer of certificate.

Upon the death of a person operating as a motor transportation company under a certificate of public convenience and necessity, his personal representative may operate under such certificate while such certificate remains in force and, with the consent of the public utilities commission, may transfer such certificate. Upon the dissolution of a partnership operating as a motor transportation company under a certificate of public convenience and necessity, caused by death or otherwise, if the surviving or remaining partners acquire the assets of the partnership, the partners so acquiring such assets may continue to operate under such certificate while it remains in force, and, with the consent of the commission, may transfer such certificate. Where such dissolution is caused by death, if the surviving partners do not acquire the assets of the partnership, then such surviving partners and the personal representative of the deceased partner may transfer such certificate with the consent of the commission. A receiver or trustee of a motor transportation company appointed by any court of competent jurisdiction may operate under any certificate held by such motor transportation company while such certificate remains in force, and, with the consent of the commission, may transfer such certificate. In all other cases, a certificate of public convenience and necessity may be transferred with the consent of the commission after a public hearing. Applications for the transfer of certificates under this section shall be made in writing and shall be in such form as the commission requires. The applicants shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to the date set for the hearing of such application in a newspaper of general circulation published at the county seat of the county in which is located the principal place of business of the applicant, or in a newspaper of general circulation published at the county seat of Franklin county when no principal place of business of the applicant is located in this state. The commission shall fix a date for the hearing of such application and shall give the applicant at least ten days’ written notice of such hearing.

Effective Date: 10-25-1961