In re G & B Anderson, Inc.

The first issue before us is whether the PUCO as a matter of policy must consider the adequacy of existing motor carrier service in determining whether to grant an application for a permit for contract carriage by a private motor carrier.

Anderson contends that the PUCO unlawfully refused to grant the requested permit even though Anderson’s application satisfied all the requirements set forth in R.C. 4923.07 for obtaining a contract motor carrier permit. Anderson argues that the PUCO has unlawfully added the requirement that Anderson must show *97the deficiency of available service provided by…