Prospective Limitations
Should Ace, Igor Unikov (also known as Alex Petroff), Isay Radomyselsky, or any of Ace's current or former officers, directors, management employees or contractors, or 5% or greater shareholders, seek to obtain a household goods carrier permit from this Commission, such request must be through the formal application process and the affiliation or former affiliation must be disclosed in the application, as well as by letter to the Director of the CSD. Such an application must demonstrate conclusively that ACE and its principals have cured all violations shown in this proceeding, and have put in place protocols to ensure full compliance with all applicable regulations.
1. In the OII, CSD accused Ace of the 80 separate violations of law and Commission regulations set out in Appendix A.
2. Ace presented no evidence disputing the majority of the allegations set out in Appendix A.
3. Ace's testimony regarding the Montanez move is not credible.
4. Ace had no justification for retaining and disposing of Montanez's antique piano.
5. The contracts Ace submitted to the check guarantee company support Nemhauser's and Jacobson's assertions that Ace failed to abide by Ace's not-to-exceed price, and demanded additional funds when the goods were loaded.
6. Ace is not entitled to attempt to collect amounts in excess of the quoted not-to-exceed price of $390 from Nemhauser and Jacobson.
7. Ace owes Jacobson and Nemhauser the difference between the $523 that they paid and the quoted amount, $390, or $133.
8. Ace did not dispute CSD's post-hearing assertions that Igor Unikov, also known as Alex Petroff, had been convicted of two misdemeanors prior to applying for a Household Goods Carrier Permit, and had not disclosed the violations on the application.
9. Ace did not dispute CSD's allegation that Igor Unikov, also known as Alex Petroff, had been convicted of driving under the influence of alcohol or drugs.
10. Applying the factors we consider in setting a fine to Ace's conduct results in a fine of $40,000.
11. Making all required restitution is a substantial mitigating factor that should reduce the fine to $10,000.
1. This Commission may revoke a household goods carrier permit, after notice and opportunity to be heard, "for failure to comply with any provision of the [Household Goods Carrier Act] or with any order, rule, or regulation of the commission, or with any term, condition, or limitation of the permit."
2. CSD has presented undisputed evidence of 80 violations of applicable law and regulations.
3. Ace was accorded an opportunity to be heard on CSD's allegations.
4. Ace's retention and disposal of Montanez's antique piano was unlawful.
5. Ace should pay Montanez the reasonable value of her antique piano.
6. Ace's attempt to collect amounts in excess of the quoted not-to-exceed price from Nemhauser and Jacobson was unlawful.
7. Ace should pay Nemhauser and Jacobson $133.
8. CSD had met its burden of proving that Ace failed to comply with the provisions of the Household Goods Carrier Act and regulations of this Commission as set out specifically in Appendix A.
9. In addition to those violations, CSD has shown that Ace failed to disclose relevant criminal history on its Household Goods Carrier Permit Application, and that Unikov was subsequently convicted of driving under the influence of drugs or alcohol.
10. Pursuant to § 5285, we should revoke Household Goods Carrier Permit T-188,990 issued to Igor Unikov and Isay Radomyselsky doing business as Ace of Bace Moving Company (Ace) for violations of the Pub. Util. Code and our regulations.
11. The public interest and our guidelines require that Ace pay a fine of $40,000 to the Commission, for deposit in the General Fund of the State of California, within 45 days of the effective date of this decision; but should Ace make full and complete reparations to all customers who filed complaints, then Ace's fine shall be reduced to $10,000.
12. The public interest requires that if Ace, Igor Unikov also known as Alex Petroff, Isay Radomyselsky, or any of Ace's current or former officers, directors, management employees or contractors, or 5% or greater shareholders, seek to obtain a household goods carrier permit from this Commission, such request
must be through the formal application process and the affiliation or former affiliation must be disclosed in the application, as well as by letter to the Director of the CSD.
Therefore, IT IS ORDERED that:
1. Pursuant to Pub. Util. Code § 5285, we revoke Household Goods Carrier Permit T-188,990 issued to Igor Unikov and Isay Radomyselsky doing business as Ace of Bace Moving Company (Ace) for violations of the Pub. Util. Code and our regulations.
2. Ace shall perform no moving services in this state after the effective date of this order.
3. Consumer Services Division (CSD) shall monitor Ace's operations to ensure that Ace no longer provides moving services.
4. Ace shall pay Maria Montanez the reasonable value of her antique piano.
5. Ace shall pay Lori Nemhauser, and Connie Jacobson $133 dollars, and shall cease all efforts to collect any additional amounts.
6. Ace shall make all due reparations to other customers that have complained about Ace's services.
7. Ace shall pay a fine of $40,000 to the Commission, for deposit in the General Fund of the State of California, within 45 days of the effective date of this order, but should Ace make full and complete reparations to all customers who filed complaints, then Ace's fine shall be reduced to $10,000.
8. Ace shall have 45 days to make all required reparations. No later than 45 days from the effective date of this order, Ace shall submit to CSD a statement of reparations it has made. CSD shall have 15 days to file and serve a compliance
filing stating whether Ace has paid all reparations. Should Ace fail to submit the required statement, CSD shall so state in a compliance filing. Unless and until a compliance filing is made stating that Ace has made all required reparations, Ace's fine shall remain at $40,000.
9. Should Ace, Igor Unikov also known as Alex Petroff, Isay Radomyselsky, or any of Ace's current or former officers, directors, management employees or contractors, or 5% or greater shareholders, seek to obtain a household goods carrier permit from this Commission, such request must be through the formal application process and the affiliation or former affiliation must be disclosed in the application, as well as by letter to the Director of the CSD.
10. This proceeding is closed.
This order is effective today.
Dated August 21, 2001, at San Francisco, California.
CSD alleged that Ace of Bace:
a) Violated section 5139 of the public Utilities Code, and Item 92 of MAX 4, by failing to acknowledge and process loss and damage claims in a timely manner; (Counts 7; Staff Declaration Pages 14-16, 18-20, 22-25, 32, 43, Attachments K, L, M, N, O, U, Y)
1) Dates: April 14 - August 13, 1999 (Attachment K
Parties: Scott Feder and ACE
2) Dates: July 30, 1999 - April 27, 2000 (Attachment L)
Parties: Stacy Scott and ACE
3) Dates: July 25, 1999 - May 8, 2000 (Attachment M)
Parties: Michael S. Ray, D.V.M. and ACE
4) Dates: August 24, 1999 - April 21, 2000 (Attachment N)
Parties: Nancy Miramontes and ACE
5) Dates: January 27, 2000 - May 3, 2000 (Attachment O)
Parties: Maria Montanez and ACE
6) Dates: February 1, 2000 - April 19, 2000 (Attachment U)
Parties: L. Kahn (Pecone) and ACE
7) Dates: November 23, 1999 (Attachment Y)
Parties: Brandilyn Amie and ACE
b) Violated section 5135 of the Public Utilities Code, and Item 88 of MAX 4 by failing to furnish to each prospective shipper prior to shipping a copy of the information specified in Item 470 of MAX 4; (Counts 7; Staff Declaration Pages 13, 15, 17, 23, 26, 31, 34, 35, Attachments K, L, O, Q, U, X, Z)
1) Date: April 14, 1998 (Attachment K)
Parties: Scott Feder and ACE
2) Date: July 30, 1999 (Attachment L)
Parties: Stacy Scott and ACE
3) Date: January 27, 2000 (Attachment O)
Parties: Maria Montanez and ACE
4) Date: December 19, 1999 (Attachment Q)
Parties: Ester Schirer, Marc Hernandez and ACE
5) Date: February 1, 2000 (Attachment U)
Parties: L. Kahn, R. Pecone and ACE
6) Date: September 4, 1999 (Attachment X)
Parties: Carmen Sanchez-Okoli and ACE
7) Date: August 1, 1999 (Attachment Z)
Parties: Lori J. Nemhauser, Connie Jacobsen and ACE
c) Violated section 5139 of the Public Utilities Code, and Item 128 of MAX 4 by failing to provide an Agreement For Moving Service to each shipper before the move begins; (Counts 13; Staff Declaration Pages 13, 17, 23, 26, Attachment H)
d) Violated section 5139 of the Public Utilities Code, and Items 128 and 132 of MAX 4 by failing to show required information, including a Not To Exceed Price, on shipping documents; (Counts 33; Staff declaration Pages 11-12, Attachment G)
e) Violated section 5139 of the Public Utilities Code, and Item 132 of MAX 4 by failing to issue a Shipping Order and Freight Bill to each shipper; (Count 1; Staff declaration Page 24, Attachment O)
f) Violated section 5139 of the Public Utilities Code, and Item 92 of MAX 4 by failing to maintain a claims register; (Count 1; Staff Declaration Page 36)
g) Violated section 5225 of the Public Utilities Code by failing to provide access to its records upon request by authorized representatives of the commission; (Count 1; Staff Declaration Pages 9-10, 36, Attachments D, E, F)
h) Violated sections 5139, 5311 of the Public Utilities Code, and General Order 142 by permitting the use of inadequately trained or supervised crews; (Counts 8; Staff Declaration Pages 13, 15, 17-29, Attachments K, L, M, N, O, Q, R, S)
1) Date: April 14, 1998 (Attachment K)
Parties: Scott Feder and ACE
2) Date: July 25, 1999 (Attachment M)
Parties: Michael S. Ray and ACE
3) Date: August 24, 1999 (Attachment N)
Parties: Nancy Miramontes and ACE
4) Date: January 27, 2000 (Attachment O)
Parties: Maria Montanez and ACE
5) Date: December 19, 1999 (Attachment Q)
Parties: Ester Schrier, Marc Hernandez and ACE
6) Date: May 11, 1999 (Attachment R)
Parties: Farrah Johnson and ACE
7) Date: November 27, 1999 (Attachment S)
Parties: Karina Duffy and ACE
i) Violated section 5245 of the Public Utilities Code, and Item 108 of MAX 4 by giving estimates not in writing or not based upon visual inspection of the goods to be moved; (Counts 4; Staff Declaration Pages 13-14, 20-21, 23-27 Attachments N, O, P, R)
1) Date: August 24, 1999 (Attachment N)
Parties: Nancy Miramontes and ACE
2) Date: January 27, 2000 (Attachment O)
Parties: Maria Montanez and ACE
3) Date: October 16, 1999 (Attachment P)
Parties: Tina Dizon and ACE
4) Date: May 11, 1999 (Attachment R)
Parties: Farrah Johnson and ACE
j) Violated section 5245 of the Public Utilities Code, And Item 108 of MAX 4 by "holding goods Hostage" and demanding charges greater than amounts quoted to customers in telephone verbal estimates; (Counts 3; Staff Declaration Pages 13-14, 25-26, 28, 35, Attachments P, R, Z)
1) Date: October 16, 1999 (Attachment P)
Parties: Tina Dizon and ACE
2) Date: May 11, 1999 (Attachment R)
Parties: Farrah Johnson and ACE
3) Date: July 29 - August 1, 1999 (Attachment Z)
Parties: Lori J. Nemhauser, Connie Jacobsen and ACE
k) Violated section 5135 of the Public Utilities Code by committing an act constituting dishonesty or fraud, to wit: falsifying an insurance certificate document; (Count 1; Staff Declaration Page 30, Attachment T)
l) Violated section 5132 of the Public Utilities Code by failing to display a CAL T identification number on its vehicle in accordance with Commission regulations; (Count 1; Staff Declaration Page 31, Attachment U)
(END OF APPENDIX A)
