II. Procedural Background

The Commission served this Order Instituting Investigation (OII) on respondents on March 24, 2004. On April 8, 2004, the assigned Administrative Law Judge (ALJ) issued a ruling setting a prehearing conference (PHC) for Tuesday, May 11, 2004 and directing the filing of PHC statements on May 6, 2004.

On April 16, 2004, a response to the Commission's OII was filed on behalf of Miko by the Helein Law Group, LLP. The response states that the law firm is no longer retained as Miko's counsel, but was asked as a professional courtesy to (1) inform the Commission of Miko's dissolution, and (2) request that its authorization and carrier code be canceled. The response further states that Miko is insolvent, is no longer in business, and will not resume business now or at any time in the future. The respondents did not file a PHC statement and did not appear at the PHC or at evidentiary hearing held on July 19, 2004.

The Consumer Protection and Safety Division (CPSD) timely filed a PHC statement, appeared at the PHC, timely served supplemental testimony, sponsored a witness at the evidentiary hearing, and submitted an opening brief on July 21, 2004, at which time the case was submitted.