Procedural History

This application was filed on July 31, 2002. A protest was filed by Xe Do Hoang Transportation, LLC, (Protestant) on August 30, 2002. Protestant is a certificated carrier offering similar service to that proposed by Applicant. The City of Pomona (Pomona) also protested the application asserting that the proposed pick-up and delivery points within Pomona are inappropriate. Following a telephonic prehearing conference, Protestant was permitted to file an additional protest. At the February 24, 2003 evidentiary hearing, Applicant and Pomona presented a stipulation as to the pick-up and delivery points within Pomona. Pomona withdrew its protest based on the stipulation. Applicant asked that the application be amended to conform to the stipulation. The Administrative Law Judge (ALJ) granted this request without objection by Protestant.