Background
On December 19, 2000, Berkis filed a application to obtain a household goods carrier permit. Commission staff had denied his initial request for such a permit due to the results of a criminal background check. The background check revealed convictions for, among other things, receiving stolen property, hit and run with property damage, and possession of a controlled narcotic substance for sale. In his application, Berkis stated that he had paid his debt to society for his past indiscretions, and promised to run his household goods carrier business in a responsible and trustworthy manner.
On February 5, 2001, the Commission's Consumer Services Division (CSD) filed its protest of the application. In addition to providing details on Berkis' criminal history,1 CSD stated that Berkis had operated as a household goods carrier without a permit in July 2000. CSD concluded that the applicant's criminal history and his nondisclosure thereof showed a failure of honesty, reliability and trust that is necessary to operate a household goods carrier in the public interest. CSD also stated its belief that a hearing appeared unnecessary.
On February 13, 2001, the assigned Administrative Law Judge (ALJ) issued a ruling observing that basic facts at issue in this application did not appear to be in dispute, and that evidentiary hearings did not seem to be required. The ruling allowed Applicant to file and serve a document that addressed the need for a hearing including what facts and witnesses the Applicant would present.
On February 23, 2001, Applicant filed a document entitled "Brief of Need for Hearing" in which he stated that a complaint filed with the Commission by Julie Opp regarding a move was unfounded, and that he would present witnesses to testify in his support. He also stated that he would call as witnesses his father and brother. Applicant also informally requested settlement negotiations with CSD.
On April 30, 2001, CSD filed a letter that stated that it did not believe the matter was amenable to settlement, and that the testimony to be offered by the witnesses at a hearing was irrelevant. CSD noted that whether Julie Opp's complaint was valid or not was beside the point because Berkis admitted he was providing moving service without authorization from this Commission. CSD did offer to stipulate to written declarations from the proposed witnesses.
1 The last 10 years of applicant's criminal history include: Battery, misdemeanor, 1/23/90; Vehicular Hit and Run, Property Damage, misdemeanor, 5/29/90; Insufficient Funds Check, 10/05/90; Failure to Provide Child Support, misdemeanor, 4/5/96; Driving While License Suspended, infraction, 5/28/97; Assault with a Deadly Weapon, Carrying a Concealed Weapon, Vandalism, 10/28/97 (failed to complete domestic violence diversion, probation revoked, 11/19/99); Evading Police Officer & Possession of Controlled Substance, felonies, sentenced to 16 months in state prison, 1/10/98; Violation of Parole, returned to prison, 7/12/99.
