38.5.404    NOTICE

(1) Upon receipt of a properly completed application to alter the provisions of an existing rate schedule and letter of transmittal, the commission will publish this information in a notice of opportunity for public hearing.

(2) This notice shall also contain the following language: As the commission believes that competitive conditions prevail in this industry, your request for a hearing must contain a preliminary showing either that competitive conditions do not prevail with respect to this radio common carrier or that this application represents some other type of abuse by the applicant.

(3) If a request for a hearing is made that does not meet the requirements of ARM 38.5.404(2) , the commission staff will contact the person requesting the hearing to determine if either of the showings required by ARM 38.5.404(2) can be made. If the showings cannot be made, no hearing will be held.

(4) The commission shall liberally construe its rules of discovery (ARM 38.2.3301- 38.2.3305) in order to effectuate the goals of this rule.

History: 69-3-103(2), MCA; IMP, 69-3-103(2), MCA; NEW, 1981 MAR p. 1497-1498, Eff. 11/13/81.