Issuance of permits to private carriers; exception. (1) Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law and the rules and regulations of the Department of Transportation, permits shall be issued to private carriers, conditioned that the proposed operation will not be attended with substantial damage to the highway or danger to the users thereof, to adjacent property or facilities or to the public. The applicant is entitled to a hearing by the department if the application has been declined by the department

(2) A person acting as a private carrier need not obtain a permit from the department for operating any vehicle or combination of vehicles with a combined weight of 26,000 pounds or less. [Formerly 767.150]