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. Croy was convicted of a misdemeanor, possession of a concealed weapon, in 1992, and he did not disclose it on his application for a Household Goods Carrier Permit. Croy complied with the ordered one-year probation.
3. CSD has not presented any evidence of subsequent criminal convictions.
4. Croy's criminal history is not analogous to the criminal history at issue in D.98-02-100.
5. Other than Croy's criminal history and failure to disclose it, CSD has not disputed that Croy meets our qualifications for Household Goods Carriers.
6. A misdemeanor conviction for carrying a concealed weapon is not necessarily grounds for revocation.
7. Based on the particular facts of this case, Croy's misdemeanor conviction for carrying a concealed weapon was not a material fact that needed to be disclosed on the application.
1. Article 2.5 of the Commission's Rules of Practice and Procedure ceased to apply to this proceeding.
2. Pursuant to Public Utilities Code § 5135, this Commission may refuse to issue a Household Goods Carrier permit "if it can be shown that an applicant . . . has committed any act constituting dishonesty or fraud; committed any act which, if committed by a permit holder would be grounds for suspension or revocation of the permit; misrepresented any material fact on his application; or, committed a felony, or an act of moral turpitude."
3. Based on the facts of this case, Croy had no obligation to disclose his misdemeanor conviction.
4. In the context of the facts of this application, Croy's nine-year-old misdemeanor conviction is not sufficient grounds to deny a Household Goods Carrier Permit.
5. Croy meets our fitness requirements for Household Goods Carriers.
6. We should grant Croy a Household Goods Carrier Permit pursuant to § 5135, effective immediately.
Therefore IT IS ORDERED that:
1. The Commission's Rail Safety and Carriers Division shall issue a Household Goods Carrier Permit to Bryan S. Croy, doing business as Croy Moving Systems, 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.
