790 Service of notice of motor carrier formal complaints

Service of Notice of Motor Carrier Formal Complaints

[43 Pa.B. 2406]
[Saturday, April 27, 2013]

 Formal complaints have been issued by the Pennsylvania Public Utility Commission. Answers must be filed in accordance with 52 Pa. Code (relating to public utilities). Answers are due May 13, 2013, and must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.

Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Jeff's Taxi;
Doc. No. C-2013-2316848

COMPLAINT

 The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement prosecutory Staff hereby represents as follows:

 1. That Jeff's Taxi, Respondent, maintains a principal place of business at 132 Pike Street, Port Jervis, NY 12771.

 2. Information before this Commission indicates that Respondent, on June 28, 2012, transported Enforcement Officer Richard Zaleski, a duly authorized officer of this Commission, from Walmart to 210 W. Ann Street, Milford. The driver was asked by the Enforcement Officer what it would cost. The driver indicated it would be $10.00. Upon arrival at 210 W. Ann Street, Milford, the driver was stopped by Enforcement Officer Blank, a duly authorized officer of this Commission. The owner of the company, Jeff Norberg was contacted, It was requested that he come to 210 W. Ann Street. Upon arrival the officer explained to him that he does not have the authority to operate as a Pennsylvania to Pennsylvania carrier. The owner indicated that he was aware of what he needed to operate. It was found that Respondent transported passengers for compensation while not then holding a Certificate of Public Convenience issued by this Commission.

 3. That Respondent, in performing the acts described in Paragraph 2 of this complaint, violated the Public Utility Code, 66 Pa.C.S. § 1101, in that Respondent held itself out to transport passengers in use for compensation between points in the Commonwealth of Pennsylvania while not then holding a Certificate of Public Convenience issued by this Commission. The penalty is $1,000. Future violations may result in possible criminal prosecution with penalties up to $10,000.00 and one year in prison.

 Wherefore, the Bureau of Investigation and Enforcement Prosecutory Staff hereby requests that the Commission fine Jeff's Taxi, the sum of One Thousand Dollars ($1,000.00) for the illegal activity described in this complaint, and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,

 David Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, David Loucks, Chief, Motor Carrier Enforcement, Bureau of Investigation and Enforcement, hereby state that the facts above set forth are true and correct to the best of my knowledge, information, and belief and that I expect the Bureau will be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: 2/19/2013

       David Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement

NOTICE

 A. You must file an answer within twenty (20) days of the date of service of this complaint. The date of service is the mailing date as indicated at the top the Secretarial cover letter for this complaint and notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the out come. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this complaint. Your answer must be verified and the original and three (3) copies sent to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 B. If you fail to answer this Complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing the penalty proposed in the Complaint.

 C. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be forwarded to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed. In such case, to prevent the suspension of your vehicle registration(s), you must file an application for authority with the Secretary of the Commission, P. O. Box 3265, Harrisburg, PA 17105-265. If no application is received within the twenty (20) day time period, the Bureau of Investigation and Enforcement will proceed with the request for suspension of your vehicle registration(s). Your response should be directed to the Compliance Office, Bureau of Investigation and Enforcement, P. O. Box 3265, Harrisburg, Pennsylvania 17105-3265.

 D. If you file an Answer which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty proposed in the Complaint.

 E. If you file an Answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision. The judge is not bound by the optional fine set forth above.

 F. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at [phone].

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 13-790. Filed for public inspection April 26, 2013, 9:00 a.m.]