Post-Hearing Filings
In response to a subpoena duces tecum from CSD, Quenga arrived at the hearing with several boxes of records. These were unsorted and unlabeled. It was impossible for CSD to evaluate these records at the hearing. CSD was permitted to file a declaration no later than February 20, 2001, disclosing violations of the type listed in the OII that might have occurred since issuance of the OII. Quenga was given until March 2, 2001 to comment on CSD's filing. The parties waived briefs (TR. 161). The matter was submitted on the date of Quenga's Comments.
CSD's filing of February 20, 2001 includes trip tickets of Hafa Adai containing four instances where Quenga is shown as driver of a bus subsequent to the issuance of the OII in this case. During this period his commercial driver's license was in suspension. This is allegation Item 1.b) of the OII.
The declaration and supporting documents show that Quenga used the services of a sub-carrier who did not have authority from this Commission after having been served with the OII. This is allegation Item 1.h) of the OII.
The declaration and supporting documents show that Quenga operated while his charter-party authority was in suspension. While this is not directly in line with Item 1.a) of the OII (operating while his authority was revoked), it is sufficiently analogous to merit our attention.
The March 1, 2001 Response of Quenga does not refute these allegations. It does not assert correction of any of the continuing violations contained in the OII. It correctly states that the matters in CSD's filing occurred prior to the evidentiary hearing of February 6, 2001. Thus these matters cannot impeach Quenga's contrition expressed at the hearing.
The continuing violations of the laws of the state and the regulations of this Commission after receipt of the OII but before the hearing speak louder than the pious claims of remorse made by Quenga on the witness stand. The instances cited by CSD in the February 20, 2001 declaration occurred after formal notice through the OII that such activities were not permitted. They occurred during and after the time that the consultant hired by Quenga had given him advice. Quenga is either unwilling or unable to take advice or follow rules. Such a carrier cannot be permitted to retain authority from this Commission.
1. Quenga holds authority as a charter-party carrier of passengers (PSG 8894-B).
2. Quenga's authority is currently under suspension.
3. Quenga has admitted all of the allegations in this OII.
4. Since issuance of the OII (November 21, 2000), Quenga has operated without a valid commercial driver's license.
5. Since the issuance of this OII, Quenga has employed a sub-carrier not licensed by this Commission.
6. Since the issuance of this OII, Quenga has operated under a suspended charter-party authority.
7. At the time of the hearing (February 6, 2001), Quenga had still not reported for a drug test.
8. Quenga promised that his future operations would conform to Commission requirements.
1. Violations of Pub. Util. Code §§ 5379, 5374(a)(2), 5378.1, 423, 3902, and 5389; California Vehicle Code § 1808.1; and the Commission's General Order 157-C, Parts 3.04, 4.01, 5.01, 5.02, and 10, as admitted by Quenga, are sufficient to revoke his charter-party authority under Pub. Util. Code § 5378(a).
2. The additional violations of some of these same provisions after notification in the OII that this conduct was wrong is convincing evidence that Quenga has not reformed.
3. Quenga's operating authority from this Commission should be revoked.
4. Since that authority is currently under suspension, immediate revocation will not harm Quenga.
5. Because of the gross nature of these violations and Quenga's apparent unwillingness to change his ways, Quenga should not be permitted to reapply for any authority from this Commission for a period of two years.
6. If Quenga should apply for authority after two years he must first demonstrate that he has paid any fees still outstanding from the admitted violations of Item 1.g) of this OII, and any other activities for which fees are owing but not paid.
IT IS ORDERED that:
1. The operating authority of Frank M. Quenga (Quenga), dba Hafa Adai, (PSG 8894-B) is revoked.
2. Quenga may not apply for new authority for two years.
3. In any application for authority from this Commission, Quenga must demonstrate that all outstanding fees owed to the Commission have been satisfied.
This order is effective today.
Dated , at San Francisco, California.
