Wash. Utilities & Transportation Commission Issues Penalty Assessment Involving College Hunks Moving, College Hunks Hauling Junk
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To:
Revised Code of
On
* Sixty-one violations of WAC 480-15-530(1) - Failing to maintain the required public liability and property damage insurance prior to operating a commercial motor vehicle (CMV).
* Two violations of WAC 480-15-555(1) - Failure to complete a criminal background check for every person the carrier intends to hire. The Company failed to acquire a criminal background check prior to rehiring drivers
* Seventy violations of 49 C.F.R. Sec. 391.15(a) - Operating a commercial motor vehicle while disqualified. The Company allowed driver
The Commission considered the following factors in determining the appropriate penalties for these violations:
1. How serious or harmful the violations are to the public. The violations noted are serious and potentially harmful to the public. Household goods moving companies that:
(1) operate without required insurance, (2) fail to conduct criminal background checks on their employees prior to hire, and (3) use disqualified drivers put their customers, their customers' belongings, and the traveling public at risk. These violations present significant safety concerns.
2. Whether the violations were intentional. Considerations include:
* Whether the Company ignored Commission staff's (Staff) previous technical assistance; and
* Whether there is clear evidence through documentation or other means that shows the Company knew of and failed to correct the violations.
On
The Company knew or should have known about these requirements.
3. Whether the Company self-reported the violations.
4. Whether the Company was cooperative and responsive. The Company was cooperative and responsive during the safety investigation.
5. Whether the Company promptly corrected the violations and remedied the impacts.
6. The number of violations. Staff identified 14 violation types with a total of 163 individual occurrences during the routine safety investigation of
7. The number of customers affected.
8. The likelihood of recurrence. The Company was cooperative throughout the safety investigation and was provided technical assistance with specific remedies to help the Company assess how well its safety management controls support safe operations and how to begin improving its safety performance. In light of these factors, Staff believes the likelihood of recurrence is low.
9. The Company's past performance regarding compliance, violations, and penalties. The Company has no history of penalties for safety violations.
10. The Company's existing compliance program.
11. The size of the Company. The Company employs seven drivers and operates two commercial motor vehicles. The Company reported
The Commission's Enforcement Policy provides that some Commission requirements are so fundamental to safe operations that the Commission will issue mandatory penalties for each occurrence of a first-time violation./1 The Commission generally will assess penalties by violation category, rather than per occurrence, for first-time violations of those critical regulations that do not meet the requirements for mandatory penalties. The Commission will assess penalties for any equipment violation meeting the
The Commission has considered these factors and determined that it should penalize
* Sixty-one violations of WAC 480-15-530(1) - Failing to maintain the required public liability and property damage insurance prior to operating a CMV. The Commission assesses a penalty of
* Two violations of 49 WAC 480-15-555(1) - Failure to complete a criminal background check for every person the carrier intends to hire. The Commission assesses a penalty of
* Seventy violations of 49 C.F.R. Sec. 391.15(a) - Operating a commercial motor vehicle while disqualified. The Commission assesses a penalty of
This information, if proven at a hearing and not rebutted or explained, is sufficient to support the Penalty Assessment.
Your penalty is due and payable now. If you believe the violations did not occur, you may deny committing the violations and contest the penalty through evidence presented at a hearing or in writing. Alternatively, if there is a reason for the violations that you believe should excuse you from the penalty, you may ask for mitigation (reduction) of the penalty through evidence presented at a hearing or in writing. The Commission will grant a request for hearing only if material issues of law or fact require consideration of evidence and resolution in a hearing. Any request to contest the violations or for mitigation of the penalty must include a written statement of the reasons supporting that request. Failure to provide such a statement will result in denial of the request. See RCW 81.04.405.
If you properly present your request for a hearing and the Commission grants that request, the Commission will review the evidence supporting your dispute of the violations or application for mitigation in a Brief Adjudicative Proceeding before an administrative law judge. The administrative law judge will consider the evidence and will notify you of their decision.
You must act within 15 days after receiving this notice to do one of the following:
* Pay the amount due.
* Contest the occurrence of the violations.
* Admit the violations but request mitigation of the penalty amount.
Please indicate your selection on the enclosed form and submit it electronically through the Commission's web portal at https://efiling.utc.wa.gov/Form within FIFTEEN (15) days after you receive this Penalty Assessment./2 If you are unable to use the web portal, you may submit it via email to [email protected]. If you are unable to submit the form electronically, you may send a paper copy to the
If you wish to make a payment online, please use this link: Make a Payment Now (wa.gov)./3
If you do not act within 15 days, the Commission may take additional enforcement action, including but not necessarily limited to suspending or revoking your certificate to provide regulated service, assessing additional penalties, or referring this matter to the
DATED at
/s/
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Footnotes:
1/ Docket A-120061 - Enforcement Policy of the
2/ https://efiling.utc.wa.gov/Form.
3/ https://www.utc.wa.gov/documents-and-proceedings/online-payments/make-payment-now
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Original text here: https://apiproxy.utc.wa.gov/cases/GetDocument?docID=3&year=2024&docketNumber=240204
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