Discussion
Pursuant to Pub. Util. Code § 5135, this Commission may refuse to issue a Household Goods Carrier permit "if it can be shown that an applicant . . . has committed any act constituting dishonesty or fraud; committed any act which, if committed by a permitholder would be grounds for suspension or revocation of the permit; misrepresented any material fact on his application; or, committed a felony, or an act of moral turpitude."
CSD has presented credible evidence that this applicant: (1) was convicted of a series of misdemeanors and felonies, many of which are also acts of dishonesty, (2) was also convicted of driving under the influence, which is sufficient grounds to suspend or revoke a permit, and (3) stated on his application to this Commission that he had committed no criminal acts that would disqualify his application under Pub. Util. Code § 5135(e), which is a material misrepresentation.
Applicant has presented no evidence disputing CSD's allegations. Applicant has stated that he was not intentionally omitting his criminal convictions but rather attempting to put his best foot forward. He also apologized for his past indiscretions and promised to provide reliable moving service, if given the opportunity. He also pointed out that his objective in operating this business is to provide support for his family.
While we are sympathetic with the desire of applicant to conduct his business and support his family, operating as Household Goods Carrier necessarily requires strict compliance with traffic safety requirements, as well as the highest standard of trustworthiness for protection of the goods entrusted by the public. CSD has presented essentially unrefuted evidence that this carrier does not meet these standards.
Therefore, we find that the CSD reports contained in the record of this proceeding show that applicant has committed one or more of the grounds specified in Pub. Util. Code § 5135 upon which we may refuse to issue a Household Goods Carrier permit. Based on this record, and pursuant to Pub. Util. Code § 5135, we refuse to issue a Household Goods Carrier permit to Jeffrey S. Berkis, d.b.a. Move-Rite Movers.
The draft decision of Administrative Law Judge Bushey in this matter was mailed to the parties in accordance with Pub. Util. Code § 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. Applicant has not disputed the essential facts of CSD's report.
2. Applicant presented insufficient justification for hearings.
3. No hearing is necessary.
4. CSD has presented credible and uncontested evidence that this applicant was convicted of a series of misdemeanor and felony crimes, including driving under the influence, and that he also stated on his application to this Commission that he had committed no criminal acts that would disqualify his application under Section 5135(e).
1. Article 2.5 of the Rules ceases to apply to this proceeding.
2. CSD has met its burden of proving that the applicant has committed one or more of the grounds set out in Pub. Util. Code § 5135 upon which we may refuse to issue a Household Goods Carrier permit.
3. This Commission should refuse to issue a Household Goods Carrier Permit to Jeffery S. Berkis, d.b.a. Move-Rite Movers.
4. This application should be denied, effective immediately.
5. This proceeding is closed.
IT IS ORDERED that:
1. The application for a Household Goods Carrier Permit of Jeffrey S. Berkis, d.b.a. Move-Rite Movers, is denied.
2. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
