III. Procedural History

A prehearing conference (PHC) was held on August 26, 2004, to address the schedule, the issues, and the procedural requirements for Respondent to defend herself against the allegations set forth in the OII. At the PHC, the parties agreed to stipulate to the admission of prepared testimony into the record, to forego evidentiary hearings, and to submit the matter upon the filing of concurrent briefs.² A scoping memo and order was issued on September 1, 2004, memorializing the procedural schedule.

On November 1, 2004, before the time for filing testimony or briefs, the Consumer Protection and Safety Division (CPSD) and Respondent filed a joint motion for Commission adoption of a proposed settlement. The settlement states that Respondent does not challenge CPSD's evidence of her illegal operations, and that she admits to conducting over 100 moves without a permit. Under the terms of the settlement, Respondent would pay a $4,500 fine plus $9,500 in investigative costs, in four payments over the course of a year, and agreed to be in full compliance with the law in the future. The settlement also states that, if Respondent fails to comply with any provision of the settlement or violates any Commission rules and regulations, CPSD may seek further fines and penalties.

Based on this record, the presiding officer submitted to the Commission, for resolution at the January 27, 2005, business meeting, a draft decision approving the settlement and closing the proceeding.

On January 26, 2005, CPSD informed the Assigned Commissioner that it intended to file a petition to set aside submission; the agenda item was held pending filing and resolution of such petition. On February 8, 2005, CPSD filed a petition to set aside submission and withdraw from the settlement. CPSD alleged, and provided declarations in support of its allegations, that Respondent had violated the settlement by continuing to advertise and offer household goods carrier services without a valid household goods carrier permit.

By ruling dated February 24, 2005, the presiding officer set aside submission. An evidentiary hearing was held on March 23, 2005, at which (1) Respondent's counsel's unopposed motion to withdraw as counsel was granted, (2) Respondent offered testimony in response to CPSD's further allegations, and (3) Respondent and CPSD presented their respective summations of the record and recommendations, upon which the matter was submitted.