Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 15-1396

NOTICES

Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Clair Zimmerman and Debra Sensenig, Copts t/a C & D Medical Transport; Cancellation Notice; Doc. Nos. C-2014-2408118, A-2009-2129165 and A-6411357

[45 Pa.B. 4131]
[Saturday, July 25, 2015]

 (Editor's Note: See 45 Pa.B. 4131 (July 25, 2015) for a Secretarial letter relating to this cancellation notice.)

 On March 6, 2014, the Bureau of Investigation and Enforcement instituted a Complaint against Clair Zimmerman & Debra Sensenig, Copts t/a C & D Medical Transport, Respondent, for failure to maintain evidence of insurance on file with this Commission, a violation of 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a).

 In accordance with 52 Pa. Code § 5.61, the Bureau of Investigation and Enforcement notified the Respondent that, an Answer to the Complaint must be filed within twenty (20) days of the date of service. The Notice further specified that, if Respondent failed to answer the Complaint within twenty (20) days, the Bureau of Investigation and Enforcement would request that the Commission cancel Respondent's Certificate of Public Convenience.

 The Complaint was served on Respondent, Clair Zimmerman & Debra Sensenig, Copts t/a C & D Medical Transport by certified mail on March 18, 2014. To date, more than twenty (20) days later, Respondent has failed to file an Answer to the Complaint.

 Therefore, the allegations in the Complaint are deemed to be admitted. The Complaint is hereby sustained and the Certificate of Public Convenience, issued to Respondent at A-2009-2129165 is hereby cancelled.

 Respondent is assessed a fine of $500 for failure to maintain evidence of insurance on file with this Commission as required at 52 Pa. Code § 32, as well as a fine in the amount of $100 for failing to file an answer to the Complaint as required by 52 Pa. Code § 5.61, for a total fine of $600. Payment must be made by certified check or money order payable to the Pa. Public Utility Commission, P.O. Box 3265, Harrisburg, PA 17105-3265.

 Furthermore, this Commission will request the Pennsylvania Department of Transportation to put an administrative hold on Respondent's vehicle registrations. Respondent will NOT be able to register any new vehicles or renew any existing vehicle registrations until all past due assessments are paid, all past due fines are paid, all insurance filings are up to date, and it holds an active Certificate of Public Convenience issued by this Commission.

 This Secretarial Cancellation Letter will also be served on:

 The Department of Revenue
Bureau of Audit Programs
Sales and Use Taxes
Tenth Floor, Strawberry Square
Harrisburg, PA 17128-1061

 Respondent is hereby notified to cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 1.1 et seq. and the regulations of the Commission, 52 Pa. Code §§ 1.1 et seq. In view of the cancellation of respondent's Certificate of Public Convenience, it is specifically prohibited from rendering service as a common carrier by motor vehicle in intrastate commerce in the Commonwealth of Pennsylvania.

APPEAL RIGHTS

 If you disagree with this determination, you may send a Petition for Reconsideration from Staff Action (Petition) to: Secretary, PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Such a Petition is a written statement asking the Commission to change its determination.

 The Petition must be filed with the Commission within twenty (20) days of the date of this letter. If no timely request for reconsideration is made, this action will be deemed to be the final action of the Commission.

 The Petition must include: (1) a written statement (divided into numbered paragraphs) outlining the reasons for the request, (2) the case docket number(s) (they are provided for you at the top right hand corner of this letter), (3) the name of the person on whose behalf the petition is made, (4) copies of relevant documentation, and (5) a verification with original signature. See 52 Pa. Code §§ 1.31 and 5.44. Below is a sample Verification:

VERIFICATION

 I, (YOUR NAME GOES HERE), hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

(SIGN AND DATE)

 If you believe that you have received this letter in error, please contact the Compliance Office of the Motor Carrier Services and Enforcement Division in the Bureau of Technical Utility Services at 717-787-1227 within ten (10) days of the date of this letter.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 15-1396. Filed for public inspection July 24, 2015, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.