SECTIONS 5281-5286 - California Statutes

PUBLIC UTILITIES CODE

SECTION 5281-5286

5281. The commission may, at the request of any household goods
carrier, suspend the operating permit of the carrier for a definite
time during which it is unlawful for the carrier to conduct any
operations as a household goods carrier.

5282. Upon such suspension of a permit the commission shall
thereupon require the removal from any vehicle operated thereunder of
any identifying symbols which have been placed thereon.

5283. Upon the termination of the period of suspension the
commission shall restore the permit and the carrier shall again place
on all vehicles the identifying symbols removed pursuant to the
suspension.

5284. A permit shall remain in effect until suspended or terminated
as provided in this chapter. Any permit not exercised for a period
of one year, inclusive of all periods of suspension, shall lapse and
terminate.
No permit shall be sold, leased, assigned, or otherwise
transferred or encumbered by the holder thereof without first having
secured from the commission an order authorizing the transfer or
encumbrance. The commission shall not authorize any transfer or
encumbrance of a permit except pursuant to a finding made by the
commission that the permit authorized to be transferred or encumbered
has not lapsed or been terminated by nonexercise as provided in this
section. Any sale, lease, assignment, or other transfer or
encumbrance is void unless made in accordance with the order of the
commission authorizing it.

5284.5. The commission shall only authorize a sale, lease,
assignment or other transfer of a permit to a transferee who has
qualified in the manner provided by Section 5135 of this code.

5285. (a) The commission may suspend the permit of any household
goods carrier after notice and an opportunity to be heard, if the
carrier knowingly and willfully files a false report that understates
revenues and fees.
(b) The commission may amend or revoke, in whole or in part, the
permit of any household goods carrier, upon application of the
permitholder or may suspend, change, or revoke, in whole or in part,
such a permit, upon complaint or on the commission's own initiative,
after notice and opportunity to be heard for providing false or
misleading information on an application for a permit or for failure
to comply with this chapter or with any order, rule, or regulation of
the commission or with any term, condition, or limitation of the
permit. A household goods carrier that requests a hearing within 30
days after the date of receiving the notice and opportunity to be
heard shall be granted a hearing. The commission may suspend the
right to operate under any household goods carrier permit, upon
reasonable notice of not less than 15 days to the holder without
hearing or other proceedings, for failure to comply, and until
compliance, with Section 5161 or with any order, rule, or regulation
of the commission.
(c) As an alternative to the cancellation, revocation, or
suspension of an operating permit or permits, the commission may
impose upon the holder of the permit or permits a fine of not more
than thirty thousand dollars ($30,000). All fines collected shall be
deposited at least once each month in the State Treasury to the
credit of the General Fund.
(d) The commission may cancel, suspend, or revoke the permit of
any carrier upon the conviction of the carrier of any misdemeanor
under this chapter while holding operating authority issued by the
commission, or the conviction of the carrier or any of its officers
of a felony while holding operating authority issued by the
commission, limited to robbery, burglary, any form of theft, any form
of fraud, extortion, embezzlement, money laundering, forgery, false
statements, an attempt to commit any of the offenses described in
this subdivision, aiding and abetting or conspiring to commit any of
the offenses described in this subdivision, or intentional dishonesty
for personal gain.
(e) (1) As used in this subdivision, "convicted of a prescribed
felony" means a plea or verdict of guilty or a conviction following a
plea of nolo contendere for any felony described in subdivision (d),
or for an attempt to commit, aiding and abetting, or conspiring to
commit any felony described in subdivision (d), that is committed in
connection with, or arising from, a transaction for the
transportation of used household goods or personal effects.
(2) If a carrier is convicted of a prescribed felony, the permit
of the carrier shall be deemed automatically revoked.
(3) If an officer, director, or managing agent of the carrier is
convicted of a prescribed felony, the permit of the carrier shall be
deemed automatically suspended for a period of five years. If the
commission determines that the carrier did not have knowledge of,
participate in, direct, aid and abet, authorize, or ratify the
conduct of the person convicted and did not in any manner benefit
from that conduct, the commission may reinstate the permit on terms
the commission determines to be appropriate in the interest of
justice and to ensure the protection of the public. The commission
may also extend the suspension or revoke the permit as provided in
subdivision (d).
(4) If an officer, director, managing agent, or employee of the
carrier is convicted of a prescribed felony, the person may not be an
officer, director, managing agent, or employee or serve in any other
capacity with a carrier.
(5) It is a violation of this chapter for a carrier that knows or
should know that a person has been convicted of a prescribed felony
to hire, retain, or otherwise allow that person to serve as an
officer, director, managing agent, or employee or in any other
capacity with the carrier.

5285.5. (a) Upon receipt of a stop order issued by the Director of
Industrial Relations pursuant to Section 3710.1 of the Labor Code,
the commission shall investigate to determine whether the household
goods carrier has filed a false statement relative to workers'
compensation insurance coverage, in violation of statute, or rules or
orders of the commission. If, after notice and opportunity to be
heard, the commission determines that there has been a violation of
statute, or rules or orders of the commission, the commission shall
impose appropriate penalties, which may include a fine and suspension
of operating authority for a violation.
(b) Upon receipt of a complaint from the Director of Industrial
Relations that a final judgment has been entered against any
household goods carrier as a result of an award having been made to
an employee pursuant to Section 3616.2 of the Labor Code, the
commission shall, 30 days from the date the carrier is mailed the
notice, revoke the carrier's permit unless the judgment has been
satisfied or has been discharged in accordance with the bankruptcy
laws of the United States or the carrier requests a hearing pursuant
to subdivision (c).
(c) Within seven days of receipt of a complaint from the Director
of Industrial Relations that a final judgment has been entered
against any household goods carrier as a result of an award having
been made to an employee pursuant to Section 3716.2 of the Labor
Code, the commission shall furnish the carrier named in the final
judgment written notice of the right to a hearing regarding the
complaint and the procedure to follow to request a hearing. The
notice shall state that the commission is required to revoke the
carrier's permit to operate pursuant to subdivision (b) after 30 days
from the date the notice is mailed unless the carrier provides proof
that the judgment is satisfied or has been discharged in accordance
with the bankruptcy laws of the United States and the commission has
been so notified seven days prior to the conclusion of the 30-day
waiting period. The notice shall also inform the carrier of a right
to a hearing and the procedures to follow to request a hearing. The
carrier may request a hearing within 10 days from the date the notice
is sent by the commission. The request for the hearing shall stay
the revocation. The hearing shall be held within 30 days of the
receipt of the request. If the commission finds that an unsatisfied
judgment exists concerning a debt arising under Section 3717 of the
Labor Code, the commission shall immediately revoke the carrier's
permit.

5285.6. (a) (1) Upon receipt of a written recommendation from the
Department of the California Highway Patrol that the permit of a
household goods carrier be suspended for any of the following, the
commission, pending a hearing in the matter pursuant to subdivision
(d), shall suspend the carrier's permit:
(A) Failure to maintain any vehicle used in transportation for
compensation in a safe operating condition or to comply with the
Vehicle Code or with applicable regulations contained in Title 13 of
the California Code of Regulations, if that failure is either a
consistent failure or presents an imminent danger to public safety.
(B) Failure to enroll all drivers in the pull notice system as
required by Section 1808.1 of the Vehicle Code.
(C) Failure to submit any application or pay any fee required by
subdivision (e) or (h) of Section 34501.12 of the Vehicle Code within
the timeframes set forth in that section.
(2) The written recommendation shall specifically indicate
compliance with subdivision (c).
(b) (1) A carrier whose permit is suspended pursuant to
subdivision (a) may obtain a reinspection of its terminal and
vehicles by the Department of the California Highway Patrol, by
submitting a written request for reinstatement to the commission and
paying a reinstatement fee of one hundred twenty-five dollars ($125).
(2) A carrier whose permit is suspended for failure to submit any
application or to pay any fee required by Section 34501.12 of the
Vehicle Code shall present proof of having submitted that application
or having paid that fee to the Department of the California Highway
Patrol before applying for reinstatement of that permit.
(3) The commission shall deposit all reinstatement fees collected
pursuant to this subdivision in the Transportation Rate Fund. The
commission shall then forward a request for reinspection to the
Department of the California Highway Patrol which shall then perform
a reinspection within a reasonable time or verify receipt of the
application or fee, or both the application and fee. The commission
shall reinstate a carrier's permit that is suspended under
subdivision (a) promptly upon receipt of a written recommendation
from the Department of the California Highway Patrol that the carrier'
s safety compliance has improved to the satisfaction of that
department, or that the required application or fees have been
received, unless the permit is suspended for another reason or has
been revoked.
(c) Before transmitting a recommendation pursuant to subdivision
(a) to the commission, the Department of the California Highway
Patrol shall notify the household goods carrier in writing of all of
the following:
(1) That the Department of the California Highway Patrol has
determined that the carrier's safety record, or compliance with
Section 1808.1 of, or subdivision (e) or (h) of Section 34501.12 of,
the Vehicle Code, is unsatisfactory, furnishing a copy of any
documentation or summary of any other evidence supporting the
determination.
(2) That the determination may result in a suspension or
revocation of the carrier's permit by the commission.
(3) That the carrier may request a review of the determination by
the Department of the California Highway Patrol within five days of
its receipt of the notice required under this subdivision. If a
review pursuant to this paragraph is requested by the carrier, the
Department of the California Highway Patrol shall conduct and
evaluate that review prior to transmitting any notification to the
commission pursuant to subdivision (a).
(d) Whenever the commission suspends the permit of any household
goods carrier pursuant to subdivision (a), the commission shall
furnish the carrier written notice of the suspension and shall hold a
hearing within a reasonable time, not to exceed 21 days, after a
written request for a hearing is filed with the commission, with a
copy of that written request furnished to the Department of the
California Highway Patrol. At the hearing, the carrier shall show
cause why the suspension should not be continued. At the conclusion
of the hearing, the commission, in addition to any other penalty
provided in this chapter, may terminate the suspension, continue the
suspension in effect, or revoke the permit. The commission may revoke
the permit of any household goods carrier suspended pursuant to
subdivision (a) at any time 90 days or more after its suspension if
the commission has not received a written recommendation for
reinstatement from the Department of the California Highway Patrol
and the carrier has not filed a written request for a hearing with
the commission.
(e) Notwithstanding subdivision (d), no hearing shall be provided
when the suspension of the permit is based solely upon the failure of
the household goods carrier to submit an application or to pay fees
required by Section 34501.12 of the Vehicle Code.
(f) If the commission, after a hearing, finds that a household
goods carrier has continued to operate as such a carrier after its
permit or permits have been suspended pursuant to subdivision (a),
the commission shall do one of the following:
(1) Revoke the operating permit or permits of the carrier.
(2) Impose upon the holder of the permit or permits a civil
penalty of not less than one thousand dollars ($1,000) nor more than
five thousand dollars ($5,000) for each day of unlawful operations.

5286. After the cancellation or revocation of a permit or during
the period of its suspension, it is unlawful for a household goods
carrier to conduct any operations as such a carrier. The commission
may either grant or deny an application for a new permit whenever it
appears that a prior permit of the applicant has been canceled or
revoked pursuant to Section 5285, or whenever it appears, after
hearing, that as a prior permit holder, the applicant engaged in any
of the unlawful activities set forth in Section 5285 for which his
permit might have been canceled or revoked.