936 Service of notice of motor carrier formal complaints

Service of Notice of Motor Carrier Formal Complaints

[46 Pa.B. 2749]
[Saturday, May 28, 2016]

 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 June 13, 2016, 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.

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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Mahmoud Mahmoud; Docket No. C-2016-2537121

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 Mahmoud Mahmoud, Respondent, maintains a principal place of business at 3431 Meadowbrook, Leavittsburg, OH 44430 and 4823 Westchester Dr., Youngstown, OH 44515.

 2. That on March 29, 2016 at 11:38 am, PUC Enforcement Officer Andrew Rosenberger observed a vehicle at Station Square in Pittsburgh with a portable taxi dome light, but no PUC number on the vehicle. The license plate, FXQ8147 OH was registered to Respondent, Mahmoud Mahmoud of Leavittsburg, Ohio. The vehicle is a 2002 Honda with vehicle identification number HKR118612H563786. Respondent does not hold a certificate of public convenience issued by this Commission.

 3. That Respondent, by having operated a vehicle with a taxi dome light at Station Square, Pittsburgh, is holding out to provide transportation of persons between points in the Commonwealth of Pennsylvania for compensation while not having operating authority with this Commission, and violated the Public Utility Code, 66 Pa.C.S. § 1101. The penalty for this violation is $1,000.00.

 Wherefore, the Bureau of Investigation and Enforcement Prosecutory Staff hereby requests that the Commission fine Mahoud Mahoud, the sum of one thousand dollars ($1,000.00) for the illegal activity described in this Complaint.

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

VERIFICATION

 I, David W. Loucks, 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 that the Bureau will be able to prove 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: 4/26/2016

 David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and En-
 forcement

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 of 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 outcome. 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 shall be mailed to:

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

 Or may be sent by overnight delivery to:

    400 North Street, 2nd Floor
Harrisburg, PA 17120

 Additionally, please serve a copy on:

    Michael L. Swindler, Deputy Chief Prosecutor
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265

 Or, e-mailed to Mr. Swindler at: [e-mail]

 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 a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

 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.

 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 a Secretarial Letter imposing a penalty.

 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. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 16-936. Filed for public inspection May 27, 2016, 9:00 a.m.]