Assignment of Proceeding

Geoffrey Brown is the Assigned Commissioner and Karl Bemesderfer is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. Since June 21, 1999, Respondent Laurie Rose Nelson-Akst has operated a household goods carrier business as a sole proprietor under Permit T-189147.

2. Commencing on or about August 1, 2000, Respondent Nelson-Akst operated the business through an unlicensed corporation, All America Express Moving and Storage Services, Inc.

3. On at least 167 occasions between August 1, 2000 and December 15, 2002 Respondents offered household goods moving services through an unlicensed corporation.

4. On at least 23 occasions between January 29, 2000 and May 7, 2000, Respondents provided household goods moving services with a suspended license.

5. On at least 46 occasions between January 29, 2000 and December 15, 2002, Respondents provided household goods moving services while failing to meet insurance requirements.

6. Between June 21, 1999 and December 15, 2002 respondents committed at least 1,716 violations of Commission rules and regulations governing the conduct of a household goods carrier business.

7. On or about December 15, 2002, Respondents ceased doing business as a household goods carrier and closed the offices of All America.

8. Respondents have not responded to the allegations in the OII within the time period specified in the Scoping Memo and Ruling.

9. The allegations in the OII are admitted into evidence and accepted as proven.

Conclusions of Law

1. Respondents Laurie Rose Nelson-Akst, Etay Akst and All America Express Moving and Storage Services, Inc. have operated in corporate form as a household goods carrier without a valid permit in violation of Pub. Util. Code Section 5133.

2. Respondents Laurie Rose Nelson-Akst, Etay Akst and All America Express Moving and Storage Services, Inc. have operated as a household goods carrier with a suspended permit in violation of Pub. Util. Code Section 5286.

3. Respondents Laurie Rose Nelson-Akst, Etay Akst and All America Express Moving and Storage Services, Inc. have operated as a household goods carrier without proper insurance coverage in violation of Pub. Util. Code Sections 5139 and 5161 and Commission General Orders 139-M and 136-C.

4. Respondents Laurie Rose Nelson-Akst, Etay Akst and All America Express Moving and Storage Services, Inc. have operated as a household goods carrier without complying with Commission rules for performance of household goods moving services in violation of Pub. Util. Code Section 5139.

5. Permit T-189147 should be revoked.

6. Respondents should be fined in accordance with Commission rules and decisions.

ORDER

IT IS ORDERED that:

1. Household goods moving permit T-189147, issued to Laurie Rose Nelson-Akst, is revoked with prejudice.

2. Respondents Laurie Rose Nelson-Akst, Etay Akst and All America Express Moving and Storage Services, Inc. are jointly fined $10,000 for operating in corporate form as a household goods carrier without a valid permit.

3. Respondents Laurie Rose Nelson-Akst, Etay Akst and All America Express Moving and Storage Services, Inc. are jointly fined $10,000 for operating as a household goods carrier with a suspended permit.

4. Respondents Laurie Rose Nelson-Akst, Etay Akst and All America Express Moving and Storage Services, Inc. are jointly fined $5,000 for operating as a household goods carrier without proper insurance coverage.

5. Respondents Laurie Rose Nelson-Akst, Etay Akst and All America Express Moving and Storage Services Inc. are jointly fined $25,000 for failure to comply with Commission rules and regulations for the performance of household goods carrier services.

6. Imposition of these fines is stayed so long as none of the named respondents engages in the business of transporting household goods in the State of California.

7. If any respondent applies for a permit to conduct a household goods moving business in the State of California at any future time, such permit may be denied based upon the record made in this proceeding or its issuance may be conditioned on payment of the fines levied by this Order or such lesser amount as the Commission may then determine.

8. This proceeding is closed.

9. This order is effective today.

10.

ATTACHMENT A

Service List

************APPEARANCES***********

Laurie Rose Nelson-Akst

18316 Hatteras Street #22

Tarzana, CA 91356

Cleveland Lee

Legal Division

Room 4129

505 Van Ness Avenue

San Francisco, CA 94102

415-703-1792

cwl@cpuc.ca.gov.

************STATE EMPLOYEE**********

Karl J. Bemesderfer

Administrative Law Judge Division

Room 5003

404 Van Ness Avenue

San Francisco, CA 94102

415-703-1129

kjb@cpuc.ca.gov.

William G. Waldorf

Consumer Protection and Safety Division

Area 2-D

505 Van Ness Avenue

San Francisco, CA 94102

415-703-2182

wgw@cpuc.ca.gov.

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