Procedural Background

On February 17, 2000, the Commission instituted this proceeding to determine whether there had been violations of the Public Utilities Code of the State of California and the General Orders of this Commission committed by Brahim Brakni, d.b.a. Lincoln Limousine and Sedan Service (TCP 12389-P) (Brakni), and if so, what penalty, if any, should be imposed. The order also immediately suspended the operating authority of Brakni and established a hearing date of March 1, 2000 at which evidence would be heard concerning continuation of the immediate suspension. This matter was designated as an adjudicatory proceeding by the Commission's order of February 17, 2000. That order also served as a scoping memo. The order was served on Brakni on February 18, 2000. Administrative Law Judge (ALJ) Sheldon Rosenthal was designated as the presiding officer.

On February 25, 2000, Brakni made a telephonic request of the ALJ to put off the March hearing date so that he might find a lawyer and better prepare. This request was granted by an ALJ Ruling dated February 28, 2000. The hearing was reset for March 9, 2000. Brakni then asked that the hearing be indefinitely postponed. Without objection from the Rail Safety and Carriers Division (RSCD), the ALJ indicated he would grant this request, provided that Brakni first send a written statement acknowledging the continuing suspension of his charter-party authority until further order of the Commission. This was received by the ALJ on March 6, 2000, and the hearings were taken off calendar by an ALJ Ruling of March 7, 2000.

By motion dated June 30, 2000, RSCD requested that the matter be placed on calendar for full evidentiary hearings. Accompanying the motion was a declaration indicating, among other matters, that there was evidence of operations by Brakni while the suspension was in effect. The motion of RSCD was granted by an ALJ Ruling dated July 6, 2000. Hearings scheduled for July 18, 2000 were postponed at the request of Brakni. A hearing date of August 1, 2000 was established. Brakni requested that a French language interpreter be provided. That request was granted.