
    No. 198
    No. 20092
    The Blue Bus Co. v. Public Utilities Commission.
    Error to the Public Utilities Commission.
    973. PUBLIC UTILITIES COMMISSION— 1. When Commission has authorized motor bus operation, but neglected to issue formal order and certificate, the formal order can be issued at a later date.
    2. One cannot challenge irregularities in proceeding to issue certificate at hearing to transfer same, but must file separate proceeding.
   MARSHALL, C. J.

1. Where the public utilities commission has authorized a motor bus operation but neglected at the time to make a formal order- or to issue the certificate, such hearing and determination constitutes the exercise of administrative -discretion and the formal order can be entered at a later daté. The omission to issue the certificate does not avoid the proceedings and the ministerial act of such issuance can likewise be performed at a later date.

2. Alleged irregularities and technical defects in the proceedings for the authorization and issuance of a certificate of convenience and necessity for a motor bus operation cannot be challenged by a protestant in a hearing for transfer of such certificate but must be brought to the attention of the commission in a separate proceeding upon complaint filed and five days notice thereof to the holder of such certificate and hearing thereon.

Order affirmed.

Day, Allen, Kinkade, Robinson, Jones and Matthias, JJ., .concur.  