Background

On February 15, 2000, Croy submitted an application for a Household Goods Carrier Permit. On September 13, 2000, the Director of the Consumer Services Division (CSD) wrote Croy that CSD had discovered that Croy had been convicted of a misdemeanor, carrying a concealed weapon, in 1992. Based on this conviction and Croy's failure to disclose it on his application, CSD refused to issue a permit to Croy.

On March 5, 2001, Croy filed this formal application seeking a Household Goods Carrier Permit from the Commission. Croy stated that he is a certified U.S. Navy pistol expert, and that he possessed a concealed weapons permit at the time of his arrest, but the permit had recently expired. Croy stated that a passing police officer observed him carrying a handgun into his hotel, and arrested him. He pled guilty to the misdemeanor, not understanding the lifelong consequences. He pointed out that he was discharged from the U. S. Navy in 1996 with the highest rating marks possible. He also stated that he is married and the father of two children.

CSD protested Croy's application, alleging that Croy's 1992 conviction, and his failure to disclose it, demonstrate grounds upon which the Commission pursuant to Pub. Util. Code § 5135 (e),¹ may deny a Household Goods Carrier Permit. CSD contended that Croy's 1992 misdemeanor conviction "indicates both the capacity and the disposition to inflict serious bodily harm on others." CSD concluded that this conviction "indicates that Applicant would likely disregard Commission policy, rules, and regulations . . ."