BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of DAN BUSBY d/b/a CAREFUL MOVERS, CAREFUL AND COURTEOUS MOVERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. TV-000418 Penalty Assessment No. 100034 NOTICE OF BRIEF ADJUDICATION SETTING SCHEDULE FOR SUBMISSION OF WRITTEN STATEMENTS; FOR SUBMISSION OF DOCUMENTARY EVIDENCE; FOR RESPONSES; FOR PENALTY MITIGATION HEARING 1 On February 8, 2000, the Commission entered an Order Assessing Penalties and Ordering Carrier to Cease and Desist (Order). In the Order, the Commission found that there was credible evidence that Dan Busby d/b/a Careful Movers, Careful and Courteous Movers (Careful Movers) was transporting property for compensation on the public highways of the state of Washington without a permit issued by the Commission, violating RCW 81.80.070. The Commission ordered Careful Movers to pay a penalty of one thousand five hundred dollars ($1500) for its violation of RCW 81.80.070(1). 2 In addition, the Commission ordered Careful Movers to cease and desist from operating as a common carrier of property, including household goods, for compensation over the public highways of the state of Washington until obtaining proper operating authority from the Commission. 3 Careful Movers, pursuant to 81.04.510, returned to the Commission an Application for Mitigation of Penalties, which was completed, signed and notarized by the applicant on February 15, 2000. 4 Pursuant to WAC 480-09-500, the Commission determines that a brief adjudicative proceeding is appropriate for resolving the issues raised in this proceeding. It designates as presiding officer, Tre Hendricks, telephone number (360) 664-1348. 5 The issues in this proceeding are those that are set out in the Order Assessing Penalties and Ordering Carrier to Cease and Desist. The statutes and rules involved include chapter 34.05 RCW, RCW 81.80.070(1), RCW 80.80.070(4), 81.80.070(5), WAC 480-09-500, and chapter 480-15 WAC. 6 Pursuant to WAC 480-09-500(1) and RCW 34.05.482, the Commission determines that this matter is appropriate for a brief adjudication to be conducted in accordance with the provisions of WAC 480-09-500 and RCW 34.05.485, 488, 491, and 494. NOTICE SETTING SCHEDULE FOR SUBMISSION OF WRITTEN STATEMENT AND DOCUMENTARY EVIDENCE; SCHEDULE FOR RESPONSE AND REPLY: 7 WAC 480-09-500(2) provides that each party to a brief adjudicative proceeding shall submit a written explanation of its view of the matter, along with its application, and that the parties may file written submissions as provided in the Commission's notice that it will conduct the brief adjudicative proceeding. Careful Movers may supplement the explanation provided by it in the Application for Mitigation of Penalties with a written statement and documentary evidence and Commission Staff may respond according to the following schedule: Careful Movers Written Statement and Evidentiary Documents May 24, 2000 Commission Staff's Response May 31, 2000 NOTICE OF OPPORTUNITY TO MAKE ORAL COMMENTS: 8 The Commission sets the time and place for oral comments and opportunity to object to evidentiary submissions on June 14, 2000 at 1:30 p.m. , in Room 108 of the Commission's headquarters, Chandler Plaza Building, 1300 S. Evergreen Park Dr. S.W., Olympia, Washington, unless changed by the Secretary or the presiding officer. If you are unable to attend in person, you may attend via the Commission's teleconference bridge line. Please contact Jennifer Watsek at (360) 664-1139 not later than June 12, 2000, if you wish to participate via the conference bridge line. 9 Notice of any other procedural phase will be given in writing as the Commission may deem appropriate during the course of the proceeding. 10 The Commission will provide at its offices in Olympia, Washington, current records of the hearing for the use of those who may wish to review them. 11 The names and known mailing addresses of the parties and their known representatives are as follows: Commission Staff: Ann Rendahl Assistant Attorney General 1400 S. Evergreen Park Dr. S.W. Olympia, WA 98504-0128 Respondent: Dan Busby d/b/a Careful Movers, Careful and Courteous Movers Dan Busby 5525 107th Street S.W. Mukilteo, WA 98275 DATED at Olympia, Washington and effective this 11th day of May 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Executive Secretary