Discussion

The evidence of record, which is entirely uncontroverted, amply demonstrates that the respondents have committed serious violations of the Household Goods Carriers Act, Pub. Util. Code § 5101 et seq. These violations are sufficiently serious to justify permanent revocation of Federation's operating authority. Discussion of our decision follows, but inasmuch as the respondents failed to appear and contest or explain the evidence offered by CSD, we need not explain the basis for our findings in great detail.

First, there is substantial and uncontrovertible evidence that Green, as CEO of Federation and its only Qualifying Employee, more than once certified in his application documents that he had not been convicted of committing any felony or crime involving moral turpitude at the time he applied for operating authority. He made these representations in writing under penalty of perjury. In fact, Green had previously been convicted of two counts of robbery under Penal Code § 211, a crime which is not only a felony, but also involves the theft of property. These convictions relate directly to his fitness to take custody of the property of others, and his failure to disclose them relate to his honesty in dealing with the Commission. Although the application form provided for him an opportunity to disclose and explain his felony history, Green chose not to do so. His application contains a serious material misrepresentation, sufficient in itself to justify revocation of Federation's operating authority.

The record is also replete with evidence that up to the time of the EH, Federation persisted in performing household goods moving services, and holding itself out to potential customers as being authorized to do so, during periods when its license was either suspended or revoked for failure to maintain or report public liability and property damage insurance as required by the Commission. Our insurance requirements are the linchpin of our program to insure that members of the public do not suffer harm at the hands of household goods movers, who assume custody of their customers' most essential personal possessions when performing moving services. We regard violations of these requirements, particularly repeated ones, as an extremely serious matter with immediate bearing upon the carrier's fitness to operate. Federation's flagrant failure to obey our notices and suspend operations on more than one occasion illustrates its total contempt for consumer protections under the Used Household Goods Carriers Act. This conduct also justifies revocation of Federation's operating authority in the absence of any explanation which might exculpate Federation.

Finally, the record reveals egregious incidents where the respondents abandoned their responsibility to process loss and damage claims. In one particularly shocking instance Green overturned a truckload of customers' belongings in transit, fled from the scene, and refused to handle the ensuing claim, forcing the customers to bring a civil action in court to recover their possessions and seek damages.³

We cannot tolerate any household goods mover who engages in such behavior, because the risk to the public is simply too great. Our order grants CSD's request to revoke Federation's authority permanently, and bars Green from obtaining new authority unless this order is modified pursuant to Rule 47.