(a) The commissioner shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the commissioner if he or she finds that:

(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commissioner. Fitness encompasses three factors:

(A) The applicant's financial ability to perform the service it seeks to provide;

(B) The applicant's capability and willingness to perform properly and safely the proposed service; and

(C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commissioner; and

(2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need.

(b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant.

(c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity.

(d) The commissioner shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application.

(e) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier:

(1) Possesses authority from the commissioner to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period;

(2) Has pending before the commissioner an application previously filed with the commissioner for substantially the same authority; or

(3) Is granted by the commissioner leave to intervene upon a showing of other interests which in the discretion of the commissioner would warrant such a grant.

(f) The commissioner may issue a certificate of public convenience and necessity without a hearing if the application is unprotested or unopposed.