Sec 36-2236. Nature of certificates of necessity; transfer; suspension; service area  


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  • A. A certificate of necessity issued pursuant to this article is not a franchise, may be revoked by the director and does not confer a property right on its holder.

    B. A certificate of necessity shall not be assigned or otherwise transferred without the written approval of the director. When any certificate is assigned or transferred, the director shall issue to the assignee or transferee a new certificate valid only for the unexpired term of the transferred or assigned certificate.

    C. In case of emergency, the director may suspend a certificate of necessity as provided in section 36-2234.

    D. If a certificate of necessity issued pursuant to this article includes any city, town or other political subdivision of this state, the service area shall be all the geographical area lying within the city, town, or political subdivision, unless the certificate issued by the director specifically excludes a portion of the city, town, or political subdivision. This subsection does not affect the validity of any previously granted certificate for an unincorporated area lying within the boundaries of a city.