75-315 Certificates; permits; effective date; revocation or suspension; grounds. - Nebraska Statutes

75-315. Certificates; permits; effective date; revocation or suspension; grounds.Permits and certificates shall be effective from the dates specified in the permits and certificates and shall remain in effect until terminated as provided in this section and section 75-316. A permit or certificate may, upon application of the permit or certificate holder, in the discretion of the commission, be revoked or may, upon complaint or on the commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for willful failure to comply with any of the provisions of sections 75-101 to 75-801, with any lawful order, rule, or regulation of the commission promulgated under such sections, or with any term, condition, or limitation of the permit or certificate. The commission may, after notice and a hearing, suspend or revoke the permit or certificate of a motor carrier who refuses or subjects to any undue or unreasonable delay any pickup, delivery, or connecting line service, to any shipper, consignee, carrier, or any other person or persons, at any point authorized to be served by such carrier, notwithstanding any hot cargo agreement or other agreement between such motor carrier and a labor organization or any other organization or person. SourceLaws 1963, c. 425, art. III, § 15, p. 1383; Laws 1969, c. 607, § 1, p. 2472; Laws 1995, LB 424, § 40. AnnotationsAn act or failure to act within the provisions of this section may be willful within the meaning of the statute even though a decision to cease operations under the certificate may be the consequence of circumstances such as financial failure over which the carrier may not have absolute control. Nebraska Public Service Commission v. Grand Island Moving & Storage Co. Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).The term "willful failure" as used in this section means a repeated or continued failure to file reports required by this act. Nebraska Public Service Commission v. Grand Island Moving & Storage Co. Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).Under the provisions of this section, the Nebraska Public Service Commission may, upon complaint or on the commission's own initiative and after notice and hearing, suspend, revoke, or change a certificate of a common carrier for willful failure to comply with any of the provisions of sections 75-101 to 75-801, R.R.S.1943. Nebraska Public Service Commission v. Grand Island Moving & Storage Co. Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).The willful failure herein is such behavior through acts of commission or omission which justifies a belief there was an intent entered into and characterizing the failure complained of. Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).