Discussion
While we are greatly disturbed by the descriptions of physical violence described in the Exh. 1, we do not find it necessary to rely on them as a basis for this decision. There is ample evidence that Brakni violated our order of February 17, 2000 and the ALJ's Ruling of March 7, 2000 in that he conducted operations through the means of an intermediary on March 22, 2000 (Exh. 2). The evidence also shows operation on July 30, 2000.
Both the March 22, 2000 incident, described in Exh. 2, and the July 30, 2000 incident in which Officer Molver encountered Brakni's limousine and objects related to his limousine operations at SFO clearly show that Brakni has continued to offer service to the public. Such continued operations, whether or not Brakni himself was operating the limousine, are in direct contravention of the Commission's order instituting this proceeding and the ALJ's Ruling continuing the suspension of Brakni's authority. These operations also contradict Brakni's written promise not to perform service received on March 6, 2000. As such, Brakni has violated Public Utilities Code Sections 5378(a)(1) and 5379 in that he has operated while his authority was under suspension. He has also violated Public Utilities Code Section 5378(a)(2), in that he has operated contrary to the express order of the Commission and a ruling of the ALJ as authorized by that order.
The facts contained in Exh. 1 also indicate a steady stream of citations issued by the SFPD. While some of these citations were dismissed, many others pertaining to operations without waybills, solicitation of passengers, and improper parking, were sustained. These citations, when considered as a whole since the time of Brakni's permit, amount to a violation of Public Utilities Code Section 5378(a)(7), repeated violations of regulations that support an inference of unsafe operations or willful neglect of public safety.
On August 8, 2000, Brakni phoned the ALJ stating he was ill and asked for a new hearing date. The ALJ replied by letter dated August 9, 2000, indicating that he required a certificate from a licensed physician stating that Brakni was physically unable to contact the Commission from August 1, the date of the hearing, to August 8 because of illness. No such certificate has been received.
At 8:40 p.m. on August 17, 2000, Brakni left another phone message with the ALJ. This message claimed the calendar clerk spoke to him twice and mentioned conflicting hearing dates of August 1 and August 2, 2000. Again, he asked for another hearing, based on this claimed confusion. Brakni did not assert that he appeared on August 2, 2000. No employee of the Commission reported any inquiry from Brakni asking about a hearing on August 2, 2000. The notice of evidentiary hearing dated July 17, 2000 clearly states the hearing date is August 1, 2000. No mention of his prior call claiming illness was made by Brakni. Brakni's claim of confusion is not credible.
Brakni's authority (TCP 12389-P) should be revoked.
Findings of Fact
1. Brakni is the sole proprietor of Lincoln Limousine and Sedan Service (TCP 12389-P).
2. The Order Instituting Investigation, dated February 17, 2000, specifically suspended the operating authority of Brakni until further order of the Commission or ALJ.
3. The order was served on Brakni on February 18, 2000.
4. The Order Instituting Investigation set a hearing date of March 1, 2000 for hearing on the temporary suspension of Brakni's authority.
5. The hearing date was changed to March 9, 2000 at the request of Brakni and then removed from calendar at his request.
6. As part of the agreement to remove the matter from calendar Brakni filed a written statement acknowledging the suspension of his authority.
7. The ALJ Ruling of March 7, 2000 specifically continued the suspension of authority and the order that Brakni may not conduct any service under his charter-party authority.
8. RSCD filed a written motion dated June 30, 2000 asserting that Brakni had violated the suspension of his authority by permitting transportation of passengers to SFO by another using his charter-party permit.
9. Attached to RSCD's motion of June 30, 2000 is a declaration of witness Leary describing the March 22, 2000 incident. Officer Molver, the arresting officer in this incident, corroborated the facts stated in Exh. 1.
10. Officer Molver testified to an incident on July 30, 2000 where he found Brakni's limousine at SFO with various items used for charter-party transportation of passengers.
11. Brakni has incurred many citations from the SFPD because of his failure to comply with provisions against soliciting passengers at SFO, improper parking at SFO, and failure to have waybills to support his operations at SFO.
12. Brakni has not supplied the medical certificate required by the ALJ in his letter of August 9, 2000.
1. The holder of suspended charter-party authority violates the suspension by allowing another person to operate under that authority.
2. The evidence shows that Brakni was at SFO on June 30, 2000 for the purpose of conducting charter-party operations.
3. Brakni violated the provisions of Public Utilities Code Sections 5378(a)(1) and 5379 by operating while his charter-party permit was in suspension on March 22 and June 30, 2000.
4. Brakni violated Public Utilities Code Section 5378(a)(2) on March 22 and June 30, 2000 by failing to comply with an order of the Commission and a Ruling of the ALJ to suspend service.
5. Brakni violated Public Utilities Code Section 53738(a)(7) by repeatedly violating regulations and statutes pertaining to parking, solicitation of passengers, and use of waybills at SFO.
6. The operating authority of Brahim Brakni should be revoked immediately.
IT IS ORDERED that:
1. Brahim Brakni's request for another hearing date is denied.
2. The TCP 12389-P is revoked.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
