V. Comments of Draft Decision
The draft decision of Administrative Law Judge Maribeth Bushey in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ______________, and reply comments were filed on ________________.
1. No hearing is necessary.
2. Torres was convicted of a series of misdemeanors and one felony, all prior to 1992, as set out in Attachment A, and he did not disclose these convictions on his application for a Household Goods Carrier Permit.
3. CSD has not presented any evidence of subsequent criminal convictions.
4. Torres' criminal history is not analogous to the criminal history at issue in D.98-02-100.
5. Other than Torres' criminal history and failure to disclose it, CSD has not disputed that Torres meets our qualifications for Household Goods Carriers.
6. Torres believed that his criminal record had been expunged.
7. Torres is president and part owner of Split Second Enterprises, Inc.
1. Article 2.5 of the Commission's Rules of Practice and Procedure ceased to apply to this proceeding.
2. Pursuant to Pub. Util. Code § 5135, this Commission may refuse to issue a Household Goods Carrier permit "if it is shown that an applicant . . . has committed any act constituting dishonesty or fraud; committed any act which, [if] committed by a permitholder would be grounds for a suspension or revocation of the permit; misrepresented any material fact on the application; or, committed a felony, or crime involving moral turpitude."
3. In the context of the facts of this application, Torres' decade-old criminal convictions are not sufficient grounds to deny a Household Goods Carrier Permit.
4. Torres meets our fitness requirements for Household Goods Carriers.
5. We should grant applicant a Household Goods Carrier Permit pursuant to § 5135, effective immediately.
IT IS ORDERED that:
1. The Commission's Rail Safety and Carriers Division shall issue a Household Goods Carrier Permit to Robert Charles Torres, Jr., doing business as Split Second Enterprises, Inc. upon its receipt of any additional information or documents that may be needed to satisfy the requirements of the Household Goods Carriers Act or Commission regulations.
2. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
ATTACHMENT A
Page 1
February 13, 1991 |
Misdemeanor, burglary; sentenced to 36 months probation, 60 days jail |
December 14, 1990 |
Misdemeanor, disobeying court order/process, illegally entering a noncommercial dwelling, vandalism; sentenced to 36 months probation, 20 days in jail |
May 23, 1990 |
Misdemeanor, giving false identification to a peace officer; sentenced to 20 days jail |
June 8, 1989 |
Misdemeanor, possession of a controlled substance; sentenced to 36 months probation; 275 days jail, suspended |
May 24, 1988 |
Misdemeanor, giving false identification to peace office; sentenced to 12 months probation and four days jail |
August 3, 1987 |
Misdemeanor, use and under influence of specified controlled substance, possession of controlled substance paraphernalia, possession of hypodermic needle/syringe; sentenced to 45 days jail |
April 30, 1985 |
Misdemeanor, false identification to peace office, 36 months probation, five days jail |
January 12, 1984 |
Felony, robbery; five years imprisonment, later resentenced to three years prison |
August 3, 1983 |
Misdemeanor, grand theft of an automobile; sentenced to 36 months probation, 90 days jail |
ATTACHMENT A
Page 2
March 4, 1982 |
Misdemeanor, misuse of needle or syringe; sentenced to 36 months probation, 13 days jail |
July 2, 1982 |
Misdemeanor, receipt of known stolen property; sentenced to 36 months probation, six months jail |
August 14, 1981 |
Misdemeanor, grand theft from person; sentenced to 36 months probation, 30 days jail |
(END OF ATTACHMENT A)
