In re Petition of Golden Plains Services Transportation, Inc. Golden Plains Services Transportation, Inc., Doing Business as GPS Transportation, Appellant, Nebraska Public Service Commission, Appellee.
Administrative Law: Statutes: Appeal and Error. The meaning
and interpretation of statutes and regulations are questions
of law for which an appellate court has an obligation to
reach an independent conclusion irrespective of the decision
made by the court below.
Administrative Law. Generally, for purposes of construction,
a rule or order of an administrative agency is treated like a
Absent a statutory or regulatory indication to the contrary,
language contained in a rule or regulation is to be given its
plain and ordinary meaning.
___.A regulation is open for construction only when the
language used requires interpretation or may reasonably be
Public Service Commission: Administrative Law. The plain
language of 291 Neb. Admin. Code, ch. 3, § 010.01C
(2003), does not explicitly limit open class carriers to
providing only prearranged services, nor does it explicitly
restrict open class carriers from providing on-demand
from the Public Service Commission. Reversed and vacated.
L. Shultz, of O'Neill, Heinrich, Damkroger, Bergmeyer
& Shultz, PC, L.L.O., for appellant.
Neb. 106] Douglas J. Peterson, Attorney General, and L. Jay
Bartel for appellee.
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, and
case requires the court to determine whether 291 Neb. Admin.
Code, ch. 3, § 010.01C (2003) (Rule 010.01C), limits
"open class" carriers to providing only prearranged
transportation or whether they may also operate on a for-hire
Plains Services Transportation, Inc. (Golden Plains), is a
Nebraska carrier certified to provide open class services. In
or before December 2015, the Nebraska Public Service
Commission (Commission) received information that Golden
Plains might have been operating "on a taxi basis"
in its operations. Thereafter, the Commission sent a letter
to Golden Plains, informing Golden Plains that it must
immediately cease and desist all taxi service operations.