Before the Public Utilities Commission of the State of California

In the matter of the Order Instituting Investigation and Order to Show Cause on the Commission's own motion into the operations and practices of Fan Ding (aka Ding Fan or Lisa Ding), an individual doing business as Lucky Moving Co., Lucky Movers, Jixiang Moving Co., Northam Immigration Services, and Northman Immigration Service, Applicant/Respondent.

FILED PUBLIC UTILITIES COMMISSION JULY 8, 2004 SAN FRANCISCO I.04-07-003

ORDER INSTITUTING INVESTIGATION AND ORDER
TO SHOW CAUSE WHY RESPONDENT'S APPLICATION
SHOULD NOT BE DENIED WITH PREJUDENCE

The California Public Utilities Commission (Commission) is the agency responsible for regulating the intrastate transportation of used household goods, personal effects and furniture, pursuant to Article XII of the California Constitution, the Household Goods Carriers' Act (Act) (Public Utilities Code §§ 5101 et seq.),¹ the Commission's Maximum Rate Tariff 4 (MAX-4), and Commission General Orders (GOs) 100-M, 136-C, 142, and others. These statutes and regulations require, among other things, that household goods carriers operate only in a responsible manner in the public interest; procure, continue in effect, and maintain on file adequate proof of public liability/property damage, cargo, and workers' compensation insurance; and observe rules and regulations governing: (1) acknowledging and handling claims for loss and damage, (2) issuing estimates, (3) executing and issuing documents, (4) training and supervising employees, (5) maintaining equipment and facilities, and (6) rates and charges. The Commission is the primary agency responsible for enforcing these and other statutes and regulations governing household goods carriers. These other statutes and regulations include general consumer protection and public safety provisions of other California Codes such as theft, fraud, bait-and-switch, unfair and unlawful business practices and unsafe or unlawful operation of vehicles.

We have directed the Consumer Protection and Safety Division (formally in D. 92-05-028) to use all tools at its disposal to enforce the laws and regulations against illegal operations - both carriers operating without a permit, and permitted carriers not in compliance with the law, and our rules and regulations - and to bring cases to district attorneys and us for prosecution as appropriate. In response to our directives, staff has brought such investigative proceedings before us as Starving Students [I. 92-11-029], Best Move [I. 91-11-002], Nice Jewish Boy/Father and Son [I. 90-12-010], Reginald Duncan [I. 90-09-009], Dave's Quality Movers [I. 91-10-011], Ronald Zammito [I. 91-01-011], and Harrington Brothers, Inc. [I. 94-03-022], Arnold Baeza dba Best Movers [I. 01-06-021], All America Express Moving and Storage [I. 02-09-001] and Affordable Apartment Movers [I. 01-11-052] - cases with patterns of aggravated violations.

Consumer Protection and Safety Division (CPSD) investigators (Staff) advise us, through the declarations supporting the initiation of this investigatory proceeding, that, as part of the permit application process, it conducted a review of this applicant. Staff became aware of unlawful operations and advertising for moving services by Respondent Fan Ding and Lucky Moving Co. et al. Staff then initiated an investigation into the business practices of Fan Ding dba Lucky Moving Co., Lucky Movers, Jixiang Moving Co., Northam Immigration Services, and Northman Immigration Service (hereinafter LUCKY), CPUC File T-189,546, which operates a moving business in San Francisco County. Staff's investigation of LUCKY found numerous alleged violations of the Household Goods Carriers' Act and Commission rules and regulations, including operations and advertising during an extended period when it neither had public liability, cargo or workers' compensation insurance on file, nor a permit from the Commission authorizing those operations. Although LUCKY has filed an application for operating authority on three separate occasions, most recently February 27, 2004, it failed to meet the requirements for a household goods carrier (HHG) permit.