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PDFWAC 480-70-106

Certificates, application docket, protests, and intervention.

(1) Application docket. The application docket is a notice of pending certificate applications published by the commission. The application docket is mailed to each existing certificate holder and to any other interested person. It includes notice of certificate applications for:
(a) New authority;
(b) Extension of existing authority;
(c) Transfer of authority;
(d) Lease of authority; and
(e) Reinstatement of authority when a city discontinues self-hauling or contracting for solid waste collection.
(2) Protests. A certificate holder may file a protest to an application on the docket. A solid waste collection organization, association, or conference may file a protest on behalf of existing certificate holders, specifying the names of the persons or companies in whose interest the protest is filed.
(a) Form of protests. Protests must:
(i) Be filed within thirty days of the date the commission mailed the application docket notice;
(ii) Be filed according to the provisions of WAC 480-07-370;
(iii) Specify the reasons for protest; and
(iv) Specify the protestant's interest in the proceeding.
(b) Failure to file protest on time. A person who is eligible to file a protest but fails to do so within the thirty-day protest period may not in any way participate further in the proceeding, unless that person can show that the commission did not provide proper notice of the pending application.
(3) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition in writing to be an intervenor. Refer to chapter 480-07 WAC for information on intervention.
(4) Applications not subject to the docket and protest provisions of this rule. This rule does not apply to:
(a) Applications to reinstate a certificate canceled for cause under the provisions of WAC 480-70-166, when those applications are filed within thirty days of the cancellation date;
(b) Applications for expedited temporary authority;
(c) Applications for temporary certificated authority;
(d) Applications for name change; or
(e) Applications to mortgage a certificate.
[Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-70-106, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. WSR 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-106, filed 3/23/01, effective 4/23/01.]
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