Kan. Admin. Regs. § 82-4-27a - Applications for transfer of certificates of convenience and necessity and certificates of public service
(a) A
certificate of convenience and necessity or a certificate of public service
issued to common motor carriers under the provisions of
K.S.A.
66-1,114 and
K.S.A.
66-1,114b, and amendments thereto, shall not
be assigned or transferred without the consent of the commission. The terms and
provisions of any certificate may reasonably be altered, restricted, or
modified by the commission, or restrictions may be imposed by the commission on
any transfers when the public interest may be best served.
(b) An application for the commission's
approval of the transfer of the common carrier certificate shall be completed
by both transferor and transferee and filed on forms prescribed by the
commission. Each applicant shall file an original and two copies of the
application with the commission. The application shall contain a certified or
sworn contract entered into by the parties that shall meet the following
criteria:
(1) Is filed as an exhibit with the
application;
(2) sets out in full
the agreement between the parties; and
(3) details all transferred items including
equipment, property, goodwill, assumption of debt, covenants not to compete,
and any other items relevant to the financial stability of the
parties.
(c) The
transferor or present owner of the certificate shall file a sworn statement
containing the following information:
(1) The
name and address of the present owner of the certificate;
(2) the date the certificate was
obtained;
(3) the reason for the
transfer;
(4) an indication of
whether the transferor is currently under citation or suspension by the
commission;
(5) an indication of
whether all ad valorem taxes have been paid to the state of Kansas, or a
statement that clearly indicates which party shall be responsible for filing
any delinquent rendition statement and who shall be responsible for paying any
outstanding ad valorem tax obligation; and
(6) a statement that the vehicle maintenance
records, driver qualification files, driver logs, and bills of lading of the
transferor for the three years before the date of the transfer will be in the
transferee's possession upon conclusion of the transfer.
(d) The transferee of the certificate shall
file a sworn statement containing the following information:
(1) The name and address of the transferee
according to one of the following:
(A) If the
transferee is a corporation, the application shall designate the state in which
the articles of incorporation were issued and shall provide the name and
address of all officers;
(B) if the
transferee is a limited liability company, the applicant shall designate the
state in which the articles of organization were issued, provide the name and
address of each officer, and provide a copy of the statement of foreign
qualification;
(C) if the
transferee is a limited liability partnership, the applicant shall designate
the state in which the statement of qualification was issued, provide the name
and address of each partner, and provide a copy of the limited liability
partnership's statement of qualification; or
(D) if the transferee is an individual,
partnership, or association, the application shall indicate the names and
addresses of all parties owning an interest in the transferee and the
percentage each owns;
(2) a financial statement showing in detail
the financial ability and responsibility of the transferee;
(3) a statement specifying the amount the
transferee borrowed or otherwise obtained to make the purchase of the items
detailed in subsection (b) and specifying all details regarding the
transactions;
(4) a sworn statement
from the transferee that the vehicle maintenance records, driver qualification
files, driver logs, and bills of lading of the transferor will be in the
transferee's possession for three years from the date of the transfer. The
transferee shall accept all responsibility for the books and records and shall
have them available at any time for inspection by the commission or the
commission's employees; and
(5) if
the transferee is not currently a motor carrier holding authority from the
commission, evidence of compliance with K.A.R. 82-4-26(b) .
Notes
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