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6.14 Briefs, time for filing; reply briefs not permitted. If the joint board permits briefs to be filed in a referred matter, it shall fix for all parties the same period therefor. Reply briefs shall not be permitted. Parties shall be instructed to file 20 copies of any brief with the Commission at Washington and copies in number to be fixed by the joint board with the members of the joint board and the examiner.**
6.15 Form of orders and reports; service. For the sake of uniformity, joint boards shall conform their respective recommended orders and accompanying reports, as nearly as may be practicable, to the form of orders and reports issued by the Commission in similar cases. The reports shall contain a brief statement of the issues, a discussion of the pertinent evidence, and a recommendation of
pecific and sufficient findings, with the reasons therefor. Such orders and reports will be served by the Commission.*+
6.16 Termination of jurisdiction. The jurisdiction of a joint board over a referred matter shall be terminated in the event of waiver of action by the appropriate authority of each State from which a member is entitled to be appointed, or in the event the Commission finds that a joint board has failed or refused to act, or in the event of inability of the members thereof to agree upon the referred matter, or upon recommendation by the joint board or a majority thereof of a report and order signed by the members concurring therein, but the matter may be again referred to the joint board if a further hearing as to facts shall become necessary.
6.17 Procedure in case of non-action by joint board. If a joint board or a majority thereof is unable to agree upon a referred matter, it will be decided by the Commission or in its discretion be referred to a member or examiner thereof for recommendation of an appropriate order thereon and report including the reasons therefor, on the record theretofore made or after such hearing or further hearing as may be required.** PART 7–LIST OF FORMS, MOTOR CARRIER ACT, 1935 8
As provided in g 5.11, the forms listed in this part should be used in making application for the granting of certain rights, privileges, authorities, or relief under, or from, certain provisions of part II of the Interstate Commerce Act, or requirements established pursuant thereto, and the reporting of certain information pursuant thereto. Date when each form was approved is shown by brackets. Applications for these forms should be addressed to the Interstate Commerce Commission, Washington, D. C.
**For statutory and source citations, see note to 8 6.1.
Sec. 7.28 B. M. C. 28. 7.29 B. M. O. 29. 7.30 B. M. C. 30. 7.31 B. M. C. 31. 7.32 B. M. C. 32. 7.33 B. M. C. 33. 7.34 B. M. C. 34. 7.35 B. M. C. 35. 7.36 B. M. C. 36.
Section 7.3 B. M. C. 3. Designation of agent for service of notices, orders and process. Sections 221 (a) and 221 (c). This form is required to be filed with all applications for authority to operate under the Act on Forms B. M. C. A.-1, A-2, 4, 5, 8, 9, 10, and 11. [Oct. 8, 1935]
7.4 B. M. C. 4. Application for brokerage license-property. Section 211. B. M. C. 3 required. [Nov. 1, 1935]
7.5 B. M. C. 5. Application for brokerage license passengers. Section 211. B. M. C. 3 required. [Nov. 1, 1935]
7.6 B. M. C. 6. Application to register by common carriers engaged, within a single State, in the transportation of property in interstate or foreign commerce. Section 206 (a). Order issued covering form is directed to carriers lawfully engaged in operation solely within a single State under authority of a certificate granted by such State who between places within such State engage in transportation of property in interstate or foreign commerce. (Nov. 1, 1935)
7.7 B. M. C. 7. Application to register by common carriers engaged within a single State in the transportation of passengers in interstate or foreign commerce. Section 206 (a). See reference to the order in connection with B. M. C. 6. [Nov. 1, 1939]
7.8 B. M. C. 8. Application for certificate of public convenience and necessity-property. Sections 206, 207, and 208. Covers application by common carriers of property (a) to institute new operations. (b) to extend an operation for which a separate application has been filed with or certificate issued by the Commission, and (c) for any operations for which applications was not filed under the "grandfather” clause on or before February 12, 1936. B. M. C. 15 (notice) required in addition to B. M. C. 3. [Oct. 28, 1935]
7.9 B. M. C. 9. Application for certificate of public convenience and necessity-passengers. Sections 206, 207, and 208. See description of operations outlined under B. M. Ć. 8.' Forms B. M. C. 3 and 15 required. [Oct. 28, 1935]
7.10 B. M. C. 10. Application for permit-property. Section 209. See description of operations under B. M. C. 8. B. M. C. 3 and 15 required. *[Oct. 28, 1935]
7.11 B. M. C. 11. Application for permit-passengers. Section 209. See description of operations under B. M. C. 8. B. M. C. 3 and 15 required. [Oct. 28, 1935]
7.12 B. M. C. 12. Application for determination of status under section 203 (b) (8) of carriers engaged in the local interstate transportation of passengers wholly within a municipality or between contiguous municipalities or within a zone adjacent to and commercially a part of the municipality or municipalities, but not under a common control, management, or arrangement for a continuous carriage to or from a point without such municipality, municipalities, or zone. B. M. C. 16 (notice) required. [Nov. 12, 1935)
7.15 B. M. C. 15. Notice. To be served, in person or by registered mail, upon each motor carrier and each carrier by rail or water, known to applicant, with whose service the operations covered by Forms B. M. C. 8, 9, 10, and 11 are or will be directly competitive. [May 31, 1938]
7.16 B. M. C. 16. Notice. To be served, in person or by registered mail, upon each motor carrier with whose service the operations covered by B. M. C. 12 are directly competitive. [May 31, 1938]
7.18 B. M. C. 18. Application for determination of status under section 203 (b) (8) of carriers engaged in local interstate transportation of property, wholly within a municipality or between contiguous municipalities or within a zone adjacent to and commercially a part of a municipality or municipalities, but not under a common control, management, or arrangement for a continuous carriage to or from a point without such municipality, municipalities, or zone. B. M. C. 19 (notice) required. [Nov. 29, 1935]
7.19 B. M. C. 19. Notice. To be served, in person or by registered mail, upon each motor carrier known to applicant, with whose service the operations covered by B. M. C. 18 are directly competitive. [May 31, 1938]
7.20. B. M. C. 20. Application for authority under section 213 to consolidate or merge. (Jan. 10, 1936]
7.21 B. M. C. 21. Application for authority under section 213 to purchase, to lease, or to contract to operate the properties, or any part thereof, of a motor carrier, or for acquisition of control of such carrier through ownership of its stock. [Jan. 10, 1936]
7.22 B. M. C. 22. Application for authority under section 214 to issue securities. [Jan. 10, 1936]
7.23 B. M. C. 23. Application for authority under section 214 to assume obligation or liability as lessor, lessee, guarantor, indorser, surety, or otherwise, in respect of the securities of any other person, natural or artificial. [Jan. 10, 1936]
7.26 B. M. C. 26. Applications under sections 206 and 209, for substitution of prospective purchaser in lieu of applicant. [Apr. 28, 1936]
7.27 B. M. C. 27. Applications under section 212 (b) to transfer certificates of public convenience and necessity or permits. [Apr. 28, 1936]
7.28 B. M. C. 28. Certificate of notification of securities sold, pledged, repledged, or otherwise disposed of, required by section
214 (paragraph (5), section 20 (a), Interstate Commerce Act), including obligations of the applicant authenticated or issued by trustees or others. [Aug. 3, 1936]
7.29 B. M. C. 29. Certificate of notification of the issue of notes maturing not more than 2 years after the dates thereof, required by section 214 (paragraph (9), section 20 (a), Interstate Commerce Act). [Aug. 3, 1936]
7.30 B. M. C. 30. Periodical report of the disposition made of securities authorized under section 214 (paragraph (10), section 20 (a), Interstate Commerce Act), or of notes maturing not more than 2 years after the date thereof, and of the application of the proceeds of such securities, or notes, required by said section. [Aug. 3, 1936]
7.31 B. M. C. 31. Endorsement for motor-carrier policies of insurance for bodily-injury liability, and property-damage liability, under section 215. [Aug. 3, 1936]
7.32 B. M. C. 32. Endorsement for motor common-carrier policies of insurance for cargo liability under section 215. [Aug. 3, 1936]
7.33 B. M. C. 33. Motor-carrier automobile bodily-injury liability and property-damage liability certificate of insurance. For use, when applicable, in connection with Form B. M. C. 31. [Aug. 3, 1936]
7.34 B. M. C. 34. Motor-carrier cargo liability certificate of insurance. For use, when applicable, in connection with Form B. M. C. 32. [Aug. 3, 1936]
7.35 B. M. C. 35. Notice of cancelation motor-carrier policies of insurance. [Aug. 3, 1936]
7.36 B. M. C. 36. Notice of cancelation of motor-carrier and broker's surety bonds. [Aug. 3, 1936]
7.37 B. M. C. 37. Motor-carrier bodily-injury liability and property-damage liability surety bond under section 215. [Aug. 3, 1936)
7.38 B. M. C. 38. Motor-carrier cargo-liability surety bond under section 215. [Aug. 3, 1936]
7.39 B. M. C. 39. Broker's surety bond under section 211 (c). [Aug. 3, 1936]
7.40 B. M. C. 40. Application for authority to self-insure under section 215. [Aug. 3, 1936)
7.50 B. M. C. 50. Accident reports by common carrier and contract carriers by motor vehicle. (Mar. 18, 1937]
7.54 B. M. C. 54. Driver information form. Must be filed for every driver, including owner-drivers, so employed as of July 1, 1937. [June 5, 1937]
7.70 B. M. C. 70. Application for change of route. [May 17, 1937] 7.71 B. M. C. 71. Application for identification plates. [May 7, 1937]
Page 51 PART 8COMPETITIVE BIDS
Sec. 8.0 Effective date.
8.4 Statement of the transaction. 8.1 Specifications, form of proposal and 8.5 Examination.
contract; publication of request 8.6 Notice of order.
8.7 Carriers subject to the Interstate 8.2 Opening of bids; bonds; form and Commerce Act.
contents of bids.
bids; rejection; readvertising for
Section 8.0 Effective date. The regulations in $S 8.1-8.7 were prescribed to become effective on and after January 1, 1920.**
*S$ 8.0 to 8.7, inclusive, issued under the authority contained in secs. 1, 10 38 Stat. 730, 734; 15 U.S.C. 12, 20.
+The source of $$ 8.0 to 8.6, inclusive, is Regulations relative to bids of carriers subject to the Clayton Antitrust Act for securities, supplies, or other articles of commerce, Interstate Commerce Commission, Order, Oct. 6, 1919, as amended Oct. 4, 1920. (56 I.C.C. 848_850.)
8.1 Specifications, form of proposal and contract; publication of request for bids. When any carrier, subject to the Interstate Commerce Act, is required by section 10 of the Clayton Antitrust Act (38 Stat. 734; 15 U.S.C. 20) to call for bids for securities, supplies, or other articles of commerce, or for the construction or maintenance of any kind or part of its carrier property such carrier shall prepare specifications, form of proposals and contract, setting forth clearly and so far as applicable in each case in detail a description or descriptions of the matters and things for which bids are requested, the terms, times and conditions of delivery and payment, the place or places where delivery or performance is to be made, the character, amount, and terms of securities offered or sought, and a full description of the supplies or other articles required or offered for sale, hypothecation, or purchase, and shall make and attach to such specifications such maps, drawings, and illustrations and state such other substantial facts or conditions as are or may be necessary to a full understanding of the premises and procedure by bidders. Such specifications, drawings and illustrations in each case shall be kept open at the principal office or offices of the carrier for full examination, free of charge, by persons desiring to examine the same with a view to bidding, and, upon request, such carrier shall furnish to any person or persons desiring the same true and accurate copies of such specifications, maps, drawings and illustrations; Provided, That the carrier may make a charge for such copies so furnished, the charge not to exceed the reasonable cost of making and forwarding the copies requested.
The carrier shall publish in each case a request for bids in at least two daily newspapers of general circulation, at least two publications in each week for 2 weeks, the first publication to be at least 2 weeks immediately preceding the day when the bids are to be submitted; one such newspaper shall be published or shall be of general circulation in the city or town where the principal operating office of the carrier is located and the other newspaper shall be published in one