IV. Positions of the Parties

CPSD alleges that Respondent committed the following violations after entering into the settlement:

(1) Respondent answered calls to two phone numbers listed in a Lucky Moving advertisement in the April 2004 issue of the SBC Smart Yellow Pages, confirmed that the caller had reached Lucky Moving, and quoted a rate to conduct a household goods move; CPSD asserts that these actions violate the prohibition in Pub. Util. Code § 5313.5 against holding oneself out to the public as a household goods carrier, without a valid permit; and

(2) Respondent answered, and provided rate quotes or otherwise offered to provide services in response to, calls to phone numbers listed in advertisements in the SBC Smart Yellow Pages for Liu's Moving and Express Moving Company; CPSD asserts that these actions violate the prohibition in Pub. Util. Code § 5311(a) against any officer, director, agent or employee of a household goods carrier violating, or abetting a household goods carrier in violating, any provision of the Household Goods Carrier Act or any Commission rule or regulation.

CPSD recommends that the Commission adopt the fine and costs previously agreed to by the parties in the settlement. Furthermore, CPSD recommends that the Commission impose an additional $5,000 fine for Respondent's violation of Pub. Util. Code § 5313.5, and an additional $2,000 fine for Respondent's violations of Pub. Util. Code § 5311(a). Finally, CPSD recommends that all fines and costs be due and payable immediately.

Respondent does not object to the fine and costs previously agreed to by the parties. Respondent denies the further allegations on the basis that she had ceased all operations as a household goods carrier, and that her services on behalf of other movers did not constitute operating as a household goods carrier. Furthermore, Respondent objects to immediate payment of the entirety of the fines and costs on the basis that she does not have the resources to make such payment.