Background

The California Public Utilities Commission (Commission) instituted this investigation on November 21, 2000 to determine if respondent Frank M. Quenga (Quenga) had violated provisions of the California Public Utilities Code and the Commission's General Order 157-C in any of the following manners:

"a. Respondent violated Pub. Util. Code § 5379 by operating after the revocation of his Commission authority;
[18 counts, Enedina K. Lopez Investigative Report dated March 31, 2000, pp. 5-7, Attachments 5-6; August 3, 1999 - October 28, 1999.]

"b. Respondent violated Commission General Order 157-C, Part 5.01 by engaging a driver to drive a bus with a non-valid commercial driver's license;
[4 counts, Enedina K. Lopez Investigative Report dated March 31, 2000, pp. 9-12, Attachments 5, 6, and 9; July 14, 1999 - October 27, 1999.]

"c. Respondent violated Commission General Order 157-C, Part 5.02 and California Vehicle Code § 1808.1 by failing to enroll all drivers in the Department of Motor Vehicles Pull Notice Program;
[Enedina K. Lopez Investigative Report dated March 31, 2000, pp. 9-15, Attachments 5, 6, 8, 9, 12, 13; June - October 1999.]

"d. Respondent violated Pub. Util. Code § 5374(a)(2) and Commission General Order 157-C, Part 10 by failing to enroll all drivers in a drug testing certification program and by failing to comply with alcohol and controlled substance testing certification program requirements;
[Enedina K. Lopez Investigative Report dated June 28, 2000, p. 4, Attachment 1 and p. 5, Attachment 2; April 21, 1998 - June 20, 2000.]

"e. Respondent violated Pub. Util. Code § 5378.1 by engaging drivers without maintaining evidence of workers' compensation insurance on file with the Commission;
[Enedina K. Lopez Investigative Report dated March 31, 2000, pp. 9-16, Attachments 5, 6, 12, 13; June - December 1999.]

"f. Respondent violated Commission General Order 157-C, Part 4.01 by failing to report all equipment to the Commission;
[Enedina K. Lopez Investigative Report dated March 31, 2000, pp. 16-19, Attachments 14-18; June - October 1999.]

"g. Respondent violated Pub. Util. Code § 423 by failing to report all gross operating revenue and failing to pay all fees to the Commission as required;
[1 count, Enedina K. Lopez Investigative Report dated March 31, 2000, p. 20, Attachments 7, 19; January 1, 1999 - December 31, 1999.]

"h. Respondent violated Commission General Order 157-C, Part 3.04 by using the services of a sub-carrier that did not hold active authority from the Commission;
[5 counts, Enedina K. Lopez Investigative Report dated June 28, 2000, pp. 8-10, Attachments 9-11; September 21, 1999 - October 22, 1999.]

"i. Respondent violated Commission General Order 157-C, Part 3.04 by failing to document sub-carrier agreements as required;
[4 counts, Enedina K. Lopez Investigative Report dated March 31, 2000, p. 21, Attachment 20; August - October 1999.]

"j. Respondent violated Pub. Util. Code § 3902 by failing to register with the Commission his interstate authority as required;
[1 count, Enedina K. Lopez Investigative Report dated March 31, 2000, pp. 21-22, Attachments 2, 5; August - October 1999.]

"k. Respondent violated Pub. Util. Code § 5389 by failing to produce records requested by a Commission employee;
[Enedina K. Lopez Investigative Report dated June 28, 2000, pp. 6-7, Attachments 5-8; October 26, 1999 to November 18, 1999 and March 31, 2000 to June 6, 2000.]

"l. Respondent should be fined up to $5,000 per violation of the Pub. Util. Code under Pub. Util. Code §§ 5378(b) and 5415.

"m. Respondent is unfit to conduct charter-party passenger transportation service and whether his charter-party carrier certificate should be suspended or revoked pursuant to Pub. Util. Code § 5378(a)."

On January 2, 2001, Quenga filed an initial response to the Order Instituting Investigation (OII) showing that Quenga has satisfactorily passed annual safety inspections of the California Highway Patrol (CHP), that Quenga has hired a private company to review his operations, and that he is currently in compliance with the law relating to drivers' records and testing for controlled substances and enrollment of his drivers in the Pull-Notice Program of the California Department of Motor Vehicles (DMV). Accompanying this filing were many records from the DMV and CHP supporting his claim of compliance. On January 11, 2001, Quenga filed additional documents indicating his workers' compensation insurance was now current and that an outstanding traffic citation was now cleared by payment. On January 26, 2001, Quenga filed proposed testimony in which he admitted the allegations in the OII, as duplicated in the first paragraph of this order. This proposed testimony became Exhibit (Exh.) 1 in the proceeding.

The Commission has categorized this enforcement proceeding as adjudicatory; ALJ Sheldon Rosenthal is the presiding officer.