NAC706.1375. Certificates and permits: General requirements; omissions and deficiencies.

Except as otherwise required in NAC 706.1376 and 706.1377:

     1. An application for:

     (a) The initial issuance, expansion or modification of a certificate made pursuant to NRS 706.386 to 706.411, inclusive;

     (b) A permit to act as a contract carrier made pursuant to NRS 706.421 to 706.436, inclusive;

     (c) The addition of a subsequent contract by a contract carrier; or

     (d) The sale and transfer of an interest in:

          (1) A certificate;

          (2) Fifteen percent or more of the stock of a corporation that holds a certificate;

          (3) A partnership that holds a certificate; or

          (4) A corporate entity that holds a certificate which would result in a change in the corporate control of the carrier,

Ê must, in addition to complying with the provisions of NAC 706.010 to 706.4019, inclusive, that are applicable to pleadings, contain the data set forth in subsection 2.

     2. An application described in subsection 1 must contain the following data, either in the application or as exhibits attached thereto:

     (a) The type of service, if any, presently being performed by the applicant, a general description of the service and a reference to the authority pursuant to which the service is being performed.

     (b) The type of service proposed, a general description of the service and a reference to the authority pursuant to which the service is to be performed.

     (c) The specific authority requested and the statutory provision pursuant to which the certificate is requested.

     (d) If the applicant proposes to be a carrier of household goods, a description of the types of household goods proposed to be transported.

     (e) The geographical area proposed to be served pursuant to the certificate, including, without limitation, the terminal and other points to be served, the number and location of points where equipment will be located, and a concise, narrative description of the proposed route.

     (f) A map or sketch of the route and points to be served, drawn to a suitable scale which is indicated on the map or sketch. The map or sketch must show present and proposed operations by distinctive coloring or marking.

     (g) If the applicant proposes to be a contract carrier or is an existing contract carrier proposing to add subsequent contracts, a copy of each proposed contract.

     (h) A statement of the rates or fares proposed to be charged and the rules governing service in the form of a tariff prepared pursuant to NAC 706.138 to 706.139, inclusive.

     (i) The type and number of units of equipment to be used in the proposed service and a statement as to which units of equipment are owned by the applicant that includes, without limitation, photographs of the equipment to be used and a copy of the registration and title of each vehicle currently owned by the applicant which will be used under its operating authority. If the applicant proposes to operate a taxicab service, the application must include the proposed color scheme of the vehicles that will be used to provide the taxicab service.

     (j) A statement indicating the frequency of the proposed service. If on-call service is proposed, the application must set forth the conditions under which the service would be performed.

     (k) A statement of the qualifications and experience of the personnel who will manage and operate the proposed service and the proposed operating procedures related to service, safety, maintenance, training of drivers, billing, relations with customers and the keeping of records.

     (l) A statement describing the facilities which will be used to provide the proposed service, such as terminals, shops, warehouses or offices.

     (m) Facts showing that the proposed operation is or will be beneficial to the traveling public.

     (n) If the applicant is a corporation or limited-liability company, a copy of its articles of incorporation or articles of organization, certified by the Secretary of State, and all effective amendments thereto. If the corporation or limited-liability company was incorporated or established in another state, the application must include:

          (1) A copy of the certificate issued by the Office of the Secretary of State authorizing the corporation or limited-liability company to transact its business in the State of Nevada; or

          (2) Its equivalent, as provided in NRS 80.120.

     (o) If the applicant is a partnership, a copy of the partnership agreement and any amendments made thereto.

     (p) If the applicant is not a natural person, a list of all owners, including associated stock certificates, membership certificates or associated documents, along with the percentage of ownership of each partner, member or owner. If the applicant is a publicly traded corporation, the application may include a copy of Form 10-K, or its equivalent, filed by the corporation with the Securities and Exchange Commission that shows the controlling ownership, officers and directors in lieu of the list of all owners, including associated stock certificates, membership certificates or associated documents.

     (q) Evidence that the applicant is financially able to operate the proposed business, including, without limitation:

          (1) A statement of income for the 12-month period immediately preceding the application.

          (2) A pro forma statement of income for the first 12-month period, presented in a monthly basis format, of the proposed operation using the proposed rates. The Authority may require, as a condition to the granting of the application, that the applicant is prohibited from placing into service more vehicles than the vehicles projected in the pro forma statement for any period that the Authority deems necessary to ensure that the granting of the application will not unreasonably and adversely affect other carriers operating in the territory.

          (3) A balance sheet which was prepared not more than 6 months before the date of the application which:

               (I) For a sole proprietorship or partnership, must reflect the personal and business operations of the sole proprietor or each general partner.

               (II) For a corporation, limited-liability company or partnership, must reflect the entire business operations.

          (4) A list of the names and addresses of all transportation entities owned by or under the control of the applicant.

Ê All financial statements must be prepared pursuant to generally accepted accounting principles, except that the personal financial statement of a sole proprietor or general partner may be prepared on the basis of estimated values.

     (r) If the applicant is operating under a fictitious name, a copy of the certificate filed pursuant to chapter 602 of NRS, if applicable.

     (s) Evidence that the applicant can secure the insurance required by NAC 706.191.

     (t) If the applicant is proposing to transport and store household goods and effects, proof that the applicant has the ability to store such goods and effects in a warehouse operated in accordance with the requirements of chapter 712 of NRS. As used in this paragraph, “warehouse” includes, without limitation, any structure used for the reception and storage of household goods and effects.

     (u) Additional information as is necessary for a full understanding of the application.

     3. If any item required pursuant to this section or by statute is omitted or otherwise deficient after acceptance of the application or filing, the Authority will notify the applicant of the omission or deficiency, in writing, at the address of the applicant listed on the application or filing. If the applicant does not cure the omission or deficiency within 15 working days after the issuance of that notification, the Deputy Commissioner shall, at the next regular meeting of the Authority, move that the application or filing be dismissed.

     (Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002; A by Nev. Transportation Auth. by R127-07, 9-18-2008)