NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Service of Notice of Motor Carrier Formal Complaints

[53 Pa.B. 8204]
[Saturday, December 30, 2023]

 Formal complaints have been issued by the Pennsylvania Public Utility Commission. Answers must be filed in accordance with 52 Pa. Code (relating to public utilities). Answers are due January 15, 2024, and must be made with the Secretary, Pennsylvania Public Utility Commission, 400 North Street, Harrisburg, PA 17120, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.

____

Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Extreme Health Care Services, LLC and Lamont Palmer;
Doc. No. C-2023-3042503

COMPLAINT

 The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:

 1. That Extreme Health Care Services, LLC, Respondent, maintains its principal place of business at 320 Muench Street, York, PA 17402 and Mr. Lamont Palmer, owner, resides at 2011 Clayton Ave, Harrisburg, PA 17109.

 2. That Respondent was issued a certificate of public convenience by this Commission on November 26, 2013, at Docket No. A-2013-2344796-3021044, to transport, as a common carrier, by motor vehicle, persons, in paratransit service, from points in the counties of Adams, Cumberland, Dauphin, Franklin, Lancaster, Lebanon, Perry and York, to points in Pennsylvania, and return.

 3. On September 19, 2023, Pa PUC Enforcement Supervisor Timothy Troxell received a complaint regarding a 2013 Ford registered to the Respondent. Supervisor Troxell contacted Mr. Lamont Palmer, owner, informing him of the complaint and requesting the driver information and trip sheet/log sheet for the date of the alleged incident. Mr. Palmer understood the request and the same request was sent in an email.

 4. On October 5, 2023, another phone call was placed to Mr. Palmer requesting the information and Supervisor Troxell was assured that the information would be sent ''by the end of the day''. No information was provided to Supervisor Troxell.

 5. On October 19, 2023, a warning letter was sent to the Respondent's two (2) addresses requesting compliance with Supervisors Troxell's request and the resulting penalty for failure to do so. Supervisor Troxell has confirmed today that he has had no communication or compliance from Mr. Palmer/Extreme Health Care Services, LLC.

 6. That Respondent, by failing to provide information to an officer of the PA PUC in furtherance of an investigation, has violated Pa. Code 66 § 505. The penalty for this violation is $500.00 per day.

 Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine Extreme Health Care Services, LLC, the sum of five hundred dollars per day ($500 per day) for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.

  Respectfully submitted,
Andrew Turriziani, Chief
Bureau of Investigation and Enforcement
Motor Carrier Enforcement Division
400 North Street
Harrisburg, PA 17120

VERIFICATION

 I, Andrew Turriziani, hereby state that the facts above set forth are true and correct to the best of my knowledge, information, and belief and that I expect that the Bureau will be able to prove same at any 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.

Date: November 7, 2023

Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement

NOTICE

 A. You must file an Answer within twenty (20) days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial Cover Letter for this Complaint and Notice, 52 Pa. Code § 1.56(a). An Answer is a written explanation of circumstances wished to be considered in determining the outcome. The Answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your Answer must be verified, and the original shall be mailed to:

Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120

 Or you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd Floor
Harrisburg, PA 17120

 Or, e-mailed to: RA-PCCmplntResp@pa.gov

 B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

 C. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be forwarded to:

Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street Harrisburg, PA 17120

 D. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceedings shall be closed.

 E. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.

 F. If you file an Answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision. The judge is not bound by the optional fine set forth above.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 23-1819. Filed for public inspection December 29, 2023, 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.

---