Comments on Draft Decision
The draft decision of Administrative Law Judge Maribeth Bushey in this matter was mailed to the parties in accordance with § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ______________, and reply comments were filed on ________________.
1. No hearing is necessary as there are no disputed issues of material fact.
2. Bell was convicted of a felony, possession of narcotics with intent to sell, in 1987, and he did not disclose it on his application for a Household Goods Carrier Permit. Bell complied with the ordered three-year probation.
3. CSD has not presented any evidence of subsequent criminal convictions.
4. Bell's criminal history is not analogous to the criminal history at issue in D.98-02-100.
5. Other than the criminal history and failure to disclose, CSD has not disputed that Bell meets our qualifications for Household Goods Carriers.
1. Article 2.5 of the Commission's Rules of Practice and Procedure ceases to apply to this proceeding.
2. Pursuant to § 5135, this Commission may refuse to issue a Household Goods Carrier permit "if it is shown that an applicant . . . has committed any act constituting dishonesty or fraud; committed any act which, [if] committed by a permit holder would be grounds for a suspension or revocation of the permit; misrepresented any material fact on the application; or, committed a felony, or crime involving moral turpitude."
3. In the context of the facts of this application, Bell's 14-year-old felony conviction, and failure to disclose it, are not sufficient grounds to refuse to grant a Household Goods Carrier Permit.
4. Bell meets our requirements for Household Goods Carriers.
5. We should direct the Rail Safety and Carriers Division to issue Bell a Household Goods Carrier Permit, effective immediately, upon a showing of compliance with all other provisions of the Household Goods Carrier Act.
Therefore IT IS ORDERED that:
1. The Rail Safety and Carriers Division shall issue a Household Goods Carrier permit to Bell Moving Company, Inc. (Bell) upon a showing that applicant meets all other requirements of the Household Goods Carriers Act.
2. Bell is granted a Household Goods Carrier Permit.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
