Current through L. 2024, c. 185.
Section 102 - Petition; hearing; certificate(a) Before the articles of incorporation are transmitted to the Secretary of State, the incorporators shall petition the Public Utility Commission to determine whether the establishment and maintenance of the corporation will promote the general good of the State and shall at that time file a copy of any petition with the Department. The Department, within 12 days, shall review the petition and file a recommendation regarding the petition in the same manner as is set forth in subsection 225(b) of this title. The recommendation shall set forth reasons why the petition shall be accepted without hearing or shall request that a hearing on the petition be scheduled. If the Department requests a hearing on the petition, or, if the Commission deems a hearing necessary, it shall appoint a time and place either remotely accessible or in the county where the proposed corporation is to have its principal office for hearing the petition. Notice of the hearing shall be given in accordance with section 10 of this title and shall be published on the Commission's website and once in a newspaper of general circulation in the county in which the proposed corporation is to have its principal office. The website notice shall be maintained through the date of the hearing. The newspaper notice shall include an internet address where more information regarding the petition may be viewed. The Department of Public Service, through the Director for Public Advocacy, shall represent the public at the hearing.(b) If the Commission finds that the establishment and maintenance of the proposed corporation will promote the general good of the State, it shall give the incorporators a certificate to that effect under its seal.(c) For good cause, after an opportunity for hearing, the Commission may amend or revoke any certificate awarded under the provisions of this section. If any certificate is revoked, the corporation shall no longer have authority to conduct any business that is subject to the jurisdiction of the Commission, whether or not regulation has been reduced or suspended under section 226a or 227a of this title.Amended by 2024, No. 142,§ 4, eff. 5/30/2024.Amended by 2024 , No. 85, § 351, eff. 7/1/2024.Amended by 2023 , No. 33, § 4, eff. 7/1/2023.Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. 3/1/1961; 1979, No. 204 (Adj. Sess.), § 19, eff. 2/1/1981; 1987, No. 87, § 4; 1995, No. 99 (Adj. Sess.) , § 2.