upon new and perhaps more sensitive standards. This is all the more true where, as here, the applicant has stated in writing and unequivocally that it is in a position to meet such revised standards by competent evidence, if allowed the opportunity to do so.
The petition for reconsideration contains the following language:
'Applicant adopted the only practical method of providing its case, namely by showing specific commodities, the volume involved, the territory involved and representative points within the territory. In line with prior decisions, this is sufficient.
'If your Commission believes that each any every point of origin and destination should be catalogued, then applicant is prepared to do so. Applicant requests that it be given a further opportunity to name and catalogue each point for your Commission.
'Applicant, however, believes that the present record will support a much greater grant of authority but if additional proof is required by your Commission, then applicant requests that this case be set for further hearing at which time all facts necessary for appropriate determination will be furnished to your Commission.'
This request seems to us to be entirely reasonable. In fact, its denial impinges on due process. Having presented an application and having supported it by the quantity and quality of proof indicated as necessary by previous Commission decisions, applicant had in the opinion of the examiner fully sustained its burden. At that point its only burden was to sustain the findings of the examiner. The exceptions filed by the rail protestants challenged only the sufficiency of the evidence to sustain the findings. We may assume in the absence of any specific findings by the Commission or allegations and proof by the protestants that the granting of the application would not adversely affect the protestants financially. No competing truck carriers opposed the application so we may also assume in the absence of findings by the Commission or of protest on the part of such truck carriers that they would not be adversely affected financially. Whether the applicant is in a position to establish by implementing the undisputed testimony presented by this record the necessity for the additional rights for tank truck service in interstate commerce is, of course, a matter for the sole determination of the Interstate Commerce Commission. In so far as the present application is concerned, we do not feel that the applicant received the consideration to which it was entitled and that the action of the Commission in summarily refusing the request for reconsideration and rehearing under the particular facts of this case in effect denied the applicant a fair hearing.
For the reasons set forth above, the order of the Interstate Commerce Commission will be set aside and the cause remanded for further proceedings not inconsistent with this opinion. An appropriate order may be submitted.
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