II. Background

On September 2, 1993, Torres submitted his first application for a Household Goods Carrier Permit. Torres certified in writing that he had not been convicted of a felony or a crime of moral turpitude. At that time, Commission staff did not obtain fingerprints and did not conduct a criminal background check. Torres was subsequently issued Permit Number T-178,452.

In February 2000, Torres applied to transfer his permit to a corporation, Split Second Enterprises, Inc. Torres is president and part owner of the corporation. As with the first application, Torres certified in writing that he had not been convicted of a felony or crime of moral turpitude. As a new part of the application process, however, the Commission staff obtained his fingerprints and conducted a criminal background check.

Although unrelated to the application process, on May 8, 2000, the Commission revoked Torres' permit due to failure to maintain with the Commission evidence of liability and cargo insurance.

On September 13, 2000, the Director of the Consumer Services Division (CSD) wrote Torres that CSD had discovered that Torres had been convicted of a series of misdemeanors and one felony, all prior to 1992. Based on these convictions and Torres' failure to disclose it on his application, CSD refused to issue a permit to Torres.

On June 15, 2001, Torres filed this formal application seeking a Household Goods Carrier Permit from the Commission. On July 23, 2001, CSD filed a protest to the application stating that Torres' criminal history and his failure to disclose it demonstrated a lack of fitness for such a permit, as well as the current revocation of his existing permit. As documented by CSD, Torres' convictions are set out in Attachment A. The assigned Administrative Law Judge ordered Torres to file a response to the allegations contained in CSD's protest.

On August 29, 2001, Torres filed his response. Torres stated that he had all required insurance in place at all times. He had submitted the insurance documentation to the Commission as required but, pursuant to the staff's direction, had indicated that the insurance was for the new corporation, Split Second Enterprises, Inc., not Torres as an individual. Consequently, Torres appeared to lack insurance, with the resulting revocation of his permit. To support his contentions, Torres submitted a copy of an insurance certificate in his name, stamped filed with the Commission on February 11, 2000, as well as a copy of a revised form in the name of Split Second Enterprises, Inc. stamped filed with the Commission on March 6, 2000.

Torres also explained that he has a history of drug abuse, but that many years ago he successfully completed a treatment program.

In his response, Torres also stated that an attorney had represented him with regard to his criminal convictions, and the attorney had assured him that his record had been expunged. Torres stated that it was his belief that his record had been expunged, which was why he believed he would successfully pass fingerprinting and a criminal background check.