PENNSYLVANIA
PUBLIC UTILITY COMMISSION
HARRISBURG, PA 17105-3265
Public Meeting held June 8, 2000
Commissioners Present:
John M. Quain, Chairman
Robert K. Bloom, Vice Chairman
Nora Mead Brownell
Aaron Wilson, Jr.
Terrance J. Fitzpatrick
Pennsylvania Public Utility CommissionBureau of Transportation and Safety
v.
John W. Bonk
t/d/b/a John W. Bonk Trucking / A-00111921C9901
OPINION AND ORDER
BY THE COMMISSION:
Before the Commission for consideration are the Exceptions of the Commission’s Bureau of Transportation and Safety (BTS) filed on April 19, 2000, to the Initial Decision of Administrative Law Judge (ALJ) Herbert S. Cohen which was issued on April 3, 2000, in the above-captioned proceeding. Also before us is the Letter, in lieu of Exceptions, of JohnW. Bonk, t/d/b/a JohnW. Bonk Trucking (Respondent), filed on April 14, 2000. No Reply Exceptions have been filed.
History of the Proceedings
The instant Complaint was filed by the BTS on July16, 1999, wherein it alleged that the Respondent violated Section 501(c) the Public Utility Code, 66Pa. C.S.§501(c), by failing to observe, obey, and comply with the terms and conditions of a Commission Order directing him to pay a civil penalty of $5,700.00. The aforementioned Commission Order was entered on September 1, 1998, at Docket No.A00111921C9701.
The Respondent filed an Answer to the Complaint on August 5, 1999, wherein he basically contested all of the material allegations. An Evidentiary Hearing was conducted by the ALJ on November 19, 1999. The BTS and the Respondent were both represented by counsel.
On March 8, 2000, the ALJ issued an Initial Decision in which he recommended that the instant Complaint be sustained and the Respondent pay the balance of the civil penalty of $4,700.00 ($5,700.00-$1000.00) to the Commission within ninety(90) days of the date of entry of this Opinion and Order. On April14, 2000, the Respondent filed a Letter, in lieu of Exceptions, to the Initial Decision. On April19, 2000, the BTS filed Exceptions to the Initial Decision. No Reply Exceptions have been filed.
Discussion
In the Initial Decision, the ALJ made specific Findings of Fact and reached certain Conclusions of Law (I.D., pp. 2 and 5, respectively) which are incorporated herein by reference, unless modified or reversed, expressly or by necessary implication, by this Opinion and Order.
The ALJ noted in the Initial Decision the Respondent’s reasons for not paying, in a timely fashion, the civil penalty of $5,700.00 that was assessed against him by our Order of September1, 1998, at Docket No.A00111921C9701. The Respondent indicated that he was always contesting the validity of the alleged violations set forth in the instant Complaint. Moreover, the Respondent contended that, because of various financial difficulties in running his small trucking operation, he could not pay the Commission fine of $5,700.00 in one(1) lump sum.
The ALJ further indicated that the Respondent has paid $1,000.00 on the penalty, leaving a balance of $4,700.00. (I.D., p.4). Although the Respondent expressed an interest in paying the balance of the fine in installments, the ALJ emphasized that the present Commission policy does not permit liquidation of civil penalties in installment payments. The ALJ, therefore, recommended that the Respondent pay the remaining balance of $4,700.00 in full within ninety (90) days of the entry date of this Opinion and Order.
Exceptions
Before addressing the Exceptions in this proceeding, we note that any issue or Exception that we do not specifically address has been duly considered and will be denied without further discussion. It is well settled that we are not required to consider expressly or at length each contention or argument raised by the parties. Consolidated Rail Corporation v. Pennsylvania Public Utility Commission, 155 Pa. Commonwealth Ct.537, 625 A.2d 741 (1993); also see,generally, University of Pennsylvaniav. Pennsylvania Public Utility Commission, 485A.2d1217 (Pa. Cmwlth. 1984).
In its Letter in lieu of Exceptions, the Respondent objects to the ALJ’s recommendation that he should be required to remit the balance of his civil penalty, $4,700.00, within ninety (90) days of the entry date of this Opinion and Order. The Respondent reiterates that financial hardship, stemming from the seasonal characteristics of his trucking business, precludes him from making full payment. Instead the Respondent argues that a payment plan should be implemented for the payment of his fine.
The BTS filed four (4) pages of Exceptions wherein it excepts to that portion of the ALJ’s Initial Decision that granted the Respondent an additional ninety(90) days in which to satisfy the remaining $4,700.00 balance due on the $5,700.00 civil penalty. The BTS argues that the Respondent should pay the remainder of the civil penalty within twenty(20) days of the entry date of this Opinion and Order. The BTS reasons that our aforementioned Opinion and Order entered September1, 1998, in which the $5,700.00 civil penalty was originally assessed, ordered the Respondent to pay the penalty within twenty(20) days of the entry date. The BTS notes that, by July16, 1999, ten and one-half(10-1/2) months after we ordered payment, the Respondent had failed to make any payments towards the $5,700.00 fine. (Exc., p.2).
The BTS further contends that, by failing to tender any payment towards the aforementioned fine, the Respondent made it necessary for the BTS to initiate litigation, on the Commission’s behalf, to collect the delinquent fine. The BTS concludes that it was only after an ensuing hearing before the ALJ that the Respondent tendered a partial payment of $1,000.00. Because the civil penalty has been delinquent since September 1, 1998, the BTS reasons that the Respondent should pay the fine in full within twenty (20) days of the service of this Opinion and Order.
Based on the record before us, we note that the Respondent has, in fact, been delinquent in the payment of the fine imposed by our Opinion and Order of September1, 1998. It is well settled that consistent with the Commission’s policy enunciated in PUCv. M.S. Carriers, Docket No.A00110601 (Order entered May4, 1999), civil penalties cannot be paid in installments. Clearly, conclude that the Respondent has violated Section501(c) of the Code, 66Pa. C.S. §501(c), by failing to comply with the terms of the aforementioned Commission Order directing him to pay a civil penalty of $5,700.00 by September 20, 1998. Accordingly, we disagree with the ALJ’s recommendation that we extend the Respondent an additional period of ninety(90) days in which to tender the balance of the civil penalty. Rather, we agree with the BTS that the Respondent has had an ample opportunity to satisfy this obligation. Accordingly, since the Respondent has not complied with our Opinion and Order entered on September1, 1998, he will be directed to pay the $4,700.00 outstanding balance of his delinquent civil penalty within twenty(20) days of the entry date of this Opinion and Order.
Based upon our review of the record as developed, we conclude that the Exceptions of the Respondent are not meritorious and they are denied. We shall grant the Exceptions of the BTS and thereby modify the Initial Decision, consistent with the foregoing discussion; THEREFORE,
IT IS ORDERED:
1.That the Exceptions of John W. Bonk, t/b/d/a John W. Bonk Trucking, filed on April 14, 1999, to the Initial Decision of Administrative Law Judge Herbert S. Cohen, issued on April 3, 2000, in the above-captioned proceeding, are, hereby, denied.
2.That the Exceptions of the Bureau of Transportation and Safety filed on April 19, 2000, to the Initial Decision of Administrative Law Judge Herbert S. Cohen, issued on April 3, 2000, in the above-captioned proceeding, are, hereby, granted.
3.That the Initial Decision of Administrative Law Judge, HerbertS. Cohen, is hereby adopted, as modified, consistent with this Opinion and Order.
4.That the Complaint filed by the Bureau of Transportation and Safety against JohnW. Bonk, t/b/d/a John W. Bonk Trucking, is sustained, to the extent consistent with this Opinion and Order.
5.That John W. Bonk, t/b/d/a John W. Bonk Trucking shall pay a civil penalty of $4,700.00 pursuant to Sections 3301 and 3315 of the Public Utility Code, 66Pa. C.S. §§3301 and 3315, by sending a certified check or money order within twenty(20) days after the date of entry of the Commission’s Opinion and Order in this case to:
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
6.That the Respondent shall cease and desist from further violations
of the Public Utility Code, 66 Pa. C.S. §§101, et seq., and the Regulations of this Commission, 52 Pa. Code §§1.1, et seq.
7.That, should the Respondent fail to fully adhere to or comply with the terms and conditions of this Opinion and Order, the Commission shall exercise its
power to revoke the Certificate of Public Convenience of John W. Bonk, t/b/d/a John W. Bonk Trucking.
BY THE COMMISSION,
James J. McNulty
Secretary
ORDER ADOPTED: June 8, 2000
ORDER ENTERED:
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