Facts

Evidentiary hearings were convened at 10 a.m. on August 1, 2000 at the Commission's Courtroom in San Francisco. The interpreter requested by Brakni was present, as was RSCD. Brakni did not appear. The hearing was postponed until 10:15 a.m., and then until 10:30 a.m. Brackni did not appear, nor did any representative for him. The ALJ instructed the interpreter to remain in case Brakni should appear and directed RSCD to present its case.

RSCD called James Leary, a special agent employed by the Commission, whose declarations were attached to the Commission's OII and the motion of June 30, 2000. The first declaration, which was made Exhibit (Exh.) 1, described many citations issued to Brakni by the San Francisco Police Department (SFPD) in his operations as a charter-party carrier at the San Francisco International Airport (SFO). These citations encompassed failure to have prearranged rides and violations of various safety rules of SFO. Exh. 1 also described a conviction of assault with a deadly weapon, a charge of sexual battery of a woman he was soliciting as a passenger, and a charge of rape of a passenger. The assault with a deadly weapon incident occurred before Brakni had obtained charter-party authority from this Commission. The sexual battery charge was dismissed when the victim refused to return to San Francisco for the trial. The rape arrest resulted in a hung jury, and retrial is scheduled for later this year.

Mr. Leary also testified as to the declaration attached to RSCD's motion of June 30, 2000 (Exh. 2). Included within this declaration is a report from the SFPD concerning operation of a limousine under the authority of Brakni in March 2000, at which time Brakni's permit was under suspension. This report recites the apprehension of an individual who had Brakni's business cards, waybills, and charge card imprint machine.

RSCD also called Officer Stuart F. Molver of the SFPD, who had apprehended the driver and the objects described in Exh. 2. Officer Molver also described an incident occurring on July 30, 2000 in which he discovered a limousine belonging to Brakni parked at SFO. Inside the vehicle he found business cards (Exh. 10), a completed waybill showing transportation of four persons (Exh. 9), a charge card imprint machine (Exh. 11), and an airport transponder (Exh. 12) used by airport shuttle operators and limousine operators serving SFO, all pertaining to Brakni's charter-party business. Officer Molver removed the license plates, which were not for commercial vehicles (Exh. 4). Officer Molder was permitted to retain the imprint machine and transponder as possible evidence in a future proceeding by the City and County of San Francisco. An unknown person later drove the vehicle from the airport without license plates.