Comments and Replies on Draft Decision

The draft decision of ALJ Sullivan 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. In its Comments on the Proposed Decision, CSD noted its concurrence with the modifications to the Settlement contained herein. In addition, CSD expressed support for a clarification to the standard application form for a Household Goods Carrier Permit as recommended in our discussion above. Franklin's Reply Comments indicate his acceptance of the modifications contained herein.

Findings of Fact

1. Franklin's application for a household goods carrier permit does not misrepresent any material facts.

2. Franklin has no arrests or convictions of any sort since August 1993.

3. Franklin's record provides evidence of rehabilitation.

4. The California Department of Motor Vehicles has issued Franklin a motor carrier permit.

5. Franklin passed a drug-screening test on June 6, 2001.

6. CSD and Franklin jointly filed a Settlement on July 11, 2001 that resolves every issue in this proceeding.

7. The Settlement commands the sponsorship of all active parties.

8. The active parties are fairly reflective of all of the affected interests in this proceeding.

9. The Settlement requires a drug-screening test by Franklin every 90 days for the two year period of the temporary permit.

10. The Settlement requires that Franklin file detailed reports on all customer complaints every 90 days.

11. No term of the Settlement contravenes statutory provisions or prior Commission decisions.

12. The Settlement, together with the record in this proceeding, convey sufficient information to permit the Commission to discharge its regulatory obligations with respect to the parties and their interests.

13. There is no opposition to approving the Settlement.

14. The surrendering of a permit to operate as a household goods carrier has the effect of putting a company out of business.

15. It is reasonable to make the obligation to surrender a permit contingent upon the action of the Commission as a whole.

16. It is reasonable to amend the Settlement submitted by CSD and Franklin by changing the sentences on page 4 of the Settlement as follows:


"In the event that CSD files the Commission institutes a formal enforcement action (e.g., requesting the Commission for issues an Order Instituting an Investigation against Franklin) and upon CSD's written request to Franklin agrees to perform the following:

17. Franklin possesses the knowledge, ability, integrity, and financial resources and responsibility to perform services as a household goods carrier subject to the conditions enumerated in the Settlement.

18. It is reasonable in light of the entire record to grant Franklin a two-year temporary permit as a household goods carrier subject to the conditions contained in the Settlement as amended by Ordering Paragraph 1.

19. Modifying the application form for a household goods carrier permit can remove ambiguities.

Conclusions of Law

1. The Settlement is an "uncontested settlement" as defined in Rule 51(f).

2. The Settlement, as modified in Ordering Paragraph 1, is reasonable in light of the whole record, consistent with law, and in the public interest.

3. The Settlement as modified should be adopted.

4. Granting Franklin a permit as a household goods carrier is reasonable.

5. In the interest of justice, this decision should be made effective immediately.

ORDER

IT IS ORDERED that:

1. The Settlement (attached to this order) by Consumer Services Division (CSD) and Keith Franklin, dba Franklin Cartage (Franklin) shall be amended by changing the sentences on page 4 of the Settlement as follows:


"In the event that CSD files the Commission institutes a formal enforcement action (e.g., requesting the Commission for issues an Order Instituting an Investigation against Franklin) and upon CSD's written request to Franklin agrees to perform the following:

2. The Settlement, as revised by Ordering Paragraph 1, is adopted.

3. The Rail Safety and Carriers Division, License Section, shall issue Franklin a permit for a term of two years as a household goods carrier and any other permit as necessary, as provided for in the Settlement.

4. The language on the standard application form for a household goods carrier permit, as that language pertains to criminal records, shall be changed as follows:


"b) I (we) _ have _ have not been convicted of committing any felony, or any crime involving moral turpitude. (If the first box is checked, please attach full explanation.)" (Changes in bold and underlined.)

5. Application 01-02-027 is closed.

This order is effective today.

Dated October 10, 2001, at San Francisco, California.

ATTACHMENT

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