1562 Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Lambert Worldwide Services, LLC; Secretarial letter; doc. Nos. C-2013-2389775 and A-6413114
Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Lambert Worldwide Services, LLC; Secretarial Letter; Doc. Nos. C-2013-2389775 and A-6413114 [45 Pa.B. 5007]
[Saturday, August 22, 2015](Editor's Note: See 45 Pa.B. 5006 (August 22, 2015) for a cancellation notice relating to this Secretarial Letter.)
On November 6, 2013, the Pennsylvania Public Utility Commission's (Commission) Bureau of Investigation and Enforcement instituted a Complaint against Lambert Worldwide Services, LLC (Lambert) at Doc. No. C-2013-2389775 for failure to maintain evidence of insurance on file with the Commission. This Complaint was served on Lambert by means of certified mail at its mailing address on file with the Commission. The Complaint was subsequently returned by the United States Postal Service with the notation ''Return to Sender; Unclaimed.''
On January 10, 2014, the Complaint was re-served on Lambert by means of first class mail. Although there is no record that the re-served Complaint was returned to the Commission, the record does not indicate whether Lambert received it.
By Secretarial Letter dated May 21, 2015, the Commission noted that an answer had not been filed in response to the Complaint. As a result, the Secretarial Letter stated the allegations of the Complaint were deemed admitted and the Complaint was sustained. Lambert's Certificate of Public Convenience, issued at Doc. No. A-6413114, was cancelled and Lambert was assessed a fine of $600. In addition, the letter stated that the Commission would ask the Department of Transportation to put an administrative hold on Lambert's vehicle registrations. This Secretarial Letter was sent to the same address listed on the Complaint. The Secretarial Letter was subsequently returned by the Postal Service with the notation ''Return to Sender; Attempted—Not Known; Unable to Forward.'' On June 1, 2015, the Commission resent the Secretarial Letter by first class mail to the following address: ''P. O. Box 18889, Philadelphia, PA 19119.''
The Commission is concerned that Lambert was not properly served with the Complaint. In order to ensure that Lambert's due process rights are preserved, the Commission will serve this Secretarial Letter, together with the May 21, 2015, Secretarial Letter, by both certified mail and publication in the Pennsylvania Bulletin, under 52 Pa. Code § 1.53(c) and (e) (relating to service by the Commission). Lambert shall have 20 days from the date of publication in the Pennsylvania Bulletin to file a Petition for Amendment or Rescission of the May 21, 2015, Secretarial Letter, under 66 Pa.C.S. § 703(g) (relating to fixing of hearings) and 52 Pa. Code § 5.572(d) (relating to petitions for relief).
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 15-1562. Filed for public inspection August 21, 2015, 9:00 a.m.]