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PA Bulletin, Doc. No. 15-1397

NOTICES

Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Clair Zimmerman and Debra Sensenig, Copts t/a C & D Medical Transport; Secretarial Letter; 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 cancellation notice relating to this Secretarial letter.)

 On March 6, 2014, the Pennsylvania Public Utility Commission's (Commission) Bureau of Investigation and Enforcement instituted a Complaint against Clair Zimmerman and Debra Sensenig, Copts t/a C & D Medical Transport (C&D) at Doc. No. C-2014-2408118 for failure to maintain evidence of insurance on file with the Commission. This Complaint was served on C&D by means of certified mail at its mailing address on file with the Commission. The Complaint was subsequently returned by the United States Postal Service with the notation ''no such number; unable to forward.''

 On March 25, 2014, the Complaint was re-served on C&D by means of first class mail. The Complaint was subsequently returned by the United States Postal Service with the notation ''not deliverable as addressed; unable to forward.''

 By Secretarial Letter dated May 19, 2015, the Commission noted that an answer had not been filed in response to the Complaint. As a result, the Secretarial Letter stated the allegations of the Complaint were deemed admitted and the Complaint was sustained. C&D's Certificate of Public Convenience, issued at Doc. No. A-2009-2129165, was cancelled and C&D was assessed a fine of $600. In addition, the letter stated that the Commission would ask the Department of Transportation to put an administrative hold on C&D's vehicle registrations. This Secretarial Letter was sent to the same address listed on the Complaint.

 The Commission is concerned that C&D was not properly served with the Complaint. To ensure that C&D's due process rights are preserved, the Commission will serve this Secretarial Letter, together with the May 19, 2015, Secretarial Letter, by both certified mail and publication in the Pennsylvania Bulletin, under 52 Pa. Code § 1.53(c) and (e) (relating to service by the Commission). C&D shall have 20 days from the date of publication in the Pennsylvania Bulletin to file a Petition for Amendment or Rescission of the May 19, 2015, Secretarial Letter, under 66 Pa.C.S. § 703(g) (relating to fixing of hearings) and 52 Pa. Code § 5.572(d) (relating to petitions for relief).

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 15-1397. Filed for public inspection July 24, 2015, 9:00 a.m.]


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