38.3.406    COMPLETION OF PROTEST TO APPLICATION FOR CERTIFICATE OF COMPLIANCE

(1) Persons protesting an application for a certificate of compliance must include in their protests a statement providing the basis of the protestant's belief that the applicant is not able to meet the requirements of 69-12-415, MCA.

(2) A protestant challenging the rebuttable presumption that an applicant who has demonstrated compliance with the commission's insurance, bonding, and security requirements meets the requirements of 69-12-415, MCA, will not be successful unless the protestant provides compelling evidence to the commission either:

(a) that, contrary to the evidence in the application, the applicant has not complied with the commission's insurance, bonding, and security requirements; or

(b) that the applicant, for other reasons, is not fit, willing, and able to perform the service. Other reasons may include, but are not limited to, the criminal history or driving record of the applicant if such history or record is relevant to the issue of public safety.

(3) The protest must be sworn to as true and correct and signed by the protestant before a notary public.

(4) In addition to filing before the commission, a copy of the protest must be served on the applicant.

History: 69-12-201, 69-12-321, 69-12-415, MCA; IMP, 69-12-201, 69-12-321, 69-12-415, MCA; NEW, 2015 MAR p. 1276, Eff. 8/28/15.