OAR 740-035-0165: Applications for Authority to Transport Household Goods

The application of any person requesting operating authority to transport household goods will be evaluated by the department to determine if it complies with provisions of law set out in ORS 825.110, 825.115 and 825.135. The application will be approved if the department finds that it meets the requirements of OAR 740-035-0150(1)(a)–(g), and the applicant demonstrates to the department’s satisfaction that it is fit, willing and able to perform the service proposed. For the purpose of this rule: (1) “Fit” means that the applicant has not, during the five years preceding the application, been convicted of a crime punishable by imprisonment for a period of time in excess of one year under the law under which he or she was convicted, or a crime regardless of punishment involving: (a) Theft; (b) Burglary; (c) Sexual conduct; (d) Manufacture, sale or distribution of a controlled substance; (e) Identity theft; or (f) False statements. (2) “Willing” means the applicant is prepared to provide all service sought in the application in compliance with ORS Chapter 825 and Department rules; and (3) “Able” means: (a) The applicant has or can provide adequate facilities, vehicles and equipment to perform the service proposed; (b) The applicant certifies that these vehicles comply with all Oregon laws and rules covering vehicle safety and operations, and will be so maintained; and (c) There is no significant evidence concerning the proposed service submitted by the applicant, by members of the public, or in the department’s files that suggests a compelling reason to deny the application. Examples of evidence of a compelling reason to deny an application may include: (A) A record of a pattern of violations of laws or rules administered by the Department. (B) Two or more complaints from customers regarding applicant’s unsatisfactory resolution of loss or damage claims. (4) Application approval and disapproval decisions will be documented by issuance of notices of intent and final orders of the agency. (a) Approval of applications will be documented by issuance of a final order approving the application for authority and issuance of a new or amended certificate of authority. (b) Proposed disapproval of applications will be documented by issuance of a notice of intent to issue a final order disapproving application. (A) The notice will cite the reason or reasons for disapproval and provide an opportunity for the applicant to request a contested case hearing. Contested case hearings will be conducted in accordance with ORS Chapter 183; (B) Judicial review of final orders of the department issued after a contested case hearing may be obtained by filing a petition with the Oregon Court of Appeals within sixty (60) days of service of the final order under the provisions of ORS 183.482.