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HomeMy WebLinkAbout03-1647ALL PRO PRODUCTS, INC., Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. OZ -- CIVIL DIVISION (SUSPENSION OF INSPECTION PRIVILEGE) APPEAL FROM SUSPENSION OF CERTIFICATE OF APPOINTMENT AS AN OFFICIAL SAFETY INSPECTION STATION Petitioner, All Pro Products, Inc., by its attorneys, McNees Wallace & Nurick LLC, and pursuant to 75 Pa.C.S. ~4724(b), files this appeal from the Order of Suspension of Official Safety Inspection Station and avers the following in support thereof: 1. Petitioner is All Pro Products, Inc. ("All Pro"), a licensed Pennsylvania Safety Inspection Station with its principal place of business at 6250 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 2. Respondent is the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles ("PennDOT"), with offices at Riverfront Office Center, 1101 S. Front Street, Harrisburg, Pennsylvania 17104-2416. 3. On March 12, 2003, PennDOT, by its agent, Quality Assurance Officer Thomas Monko, hand-delivered to All Pro a notice that its Certificate of Appointment to operate as an official safety inspection station was being suspended. A true and correct copy of the notice and Station Investigation Report confirming service of the notice on March 12, 2003, are attached hereto as Exhibit "A". 4. The Order states that All Pro's Certificate of Appointment as an official safety inspection station was being suspended effective immediately as follows: one (1) year for 1st count and permanent for 2"" count of furnishing certificates of inspection without an inspection; four (4) months for 1st count and six (6) months for remaining 40 counts of inspection by uncertified mechanic; one (1) year for 1st count and permanent for remaining 42 counts of fraudulent record keeping. 5. All Pro is in the business of repairing and inspecting vehicles. 6. The suspension imposed upon All Pro's inspection privilege for the alleged violations of fraudulent recordkeeping, furnishing certificate of inspection without conducting an inspection, and inspection by an uncertified mechanic is improper as All Pro did not engage in or permit such conduct. 7. PennDOT abused its discretion in imposing sanctions for a second violation when All Pro has never been sanctioned for a first violation. 8. All Pro appeals this suspension to the Court of Common Pleas of Cumberland County pursuant to 75 Pa. C.S. §4724(b). WHEREFORE, Petitioner, All Pro Products, Inc., requests that this matter be scheduled for hearing pursuant to 75 Pa.C.S. r:~4724(b). Date: April 9, 2003 Respectfully submitted, /' ~arb~ Attorr .LAC/~ NURIC,/I/I~ LLC y I. D. No. 7741~ 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108 (717) 237-5381 Attorneys for Petitioner All Pro Products, Inc. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION HARRISBURG, PA 17104 February l9,2003 Clarence Brooks, Jr. All Pro Products, Inc. -OIS- #5973 6250 Carlisle Pike Mechanicsburg, PA 17055 ORDER OF SUSPENSION OF OFFICIAL IN~I~]~,CTION STATION You are hereby notified that your Certificate of Appointment as an Official Safety Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed during the suspension. Pursuant to Departmental regulations, your Certificate of Appointment is suspended permanently; one (1) year for 1st count and permanent for 2na count of furnishing certificates of inspection without an inspection; four (4) months for 1 st count and six (6) months for remaining 40 counts of inspection by uncertiiied mechanic; one (1) year for 1~t count and permanem for remaining 42 counts of fraudulent record keeping. Further, the Department is including in this offense, the lesser included offenses of improper record keeping and careless record keeping. The suspension(s) will nm consecutively, for a total suspension of permanent. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You are ordered to surrender to the bearer of this notice, who is a representative of the Department of Transportation, your Certificate(s) of Appointment and all safety inspection stickers. You have the right to appeal this Departmental Order of Suspension to the Court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. If you do file an appeal, a signed and time-stamped copy of the appeal must be served upon the Department at the mailing address listed below, FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supcrsedeas from the Court directing the Department to stay the suspension must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Department of Transportation Chief Counsel's Office Rivcrfront Office Center 1101 S Front Street, 3~ Floor Sincerely, Kurt J. Myers, Director Harrisburg PA 17104-2416 Bureau of Motor Vehicles PET 10.-0 ! [Start:Elad: { M. iles Drivcn: End: Start: tTravel Time: Pennsylvania Official Safety Inspection ~.o ~.a~ Station Investigation Report _ County ~.c~In~--~ ! ~x//I Phone Number 7!'/- '~ ?__~, -? ,//~ I A--d~ Time: End'. I Type of InveMlgation · Admin. [] 2. Appoinunent 2. Violations Indicated Q 3. Complaint ~,,~. Suspension [] 5. Cancellation Stickers Campaisn Received Used Unu~! Stickers Campaign Received Used Unused Inside ~/-.~ ' -~'i51 ~ct~'' 0 Inside Total RefUndable Stickers <~ Totnl Refundable ,~tickers Stickers Campaign Received Used Unused Stickers Campaign Received Used Unused -' 9£ " Total Unused Current Stick ~rs To Date ~ Total Unused Cu~rem Stickers To Dar.e,, · OUl 's)onpoJd OJd I1¥ JgUO!],p,~d JOj s/~guJoJ:lV 99~ ~-[IO~Z~ Vd '§Jnq$!JJeH 99 I, ~ xoEI 'O'd ]9~J~S 9U!d O0 ~ 6 H~ZZ # '(3'1 ~euJo~V O'll :SMOIIOJ Se p!edeJd e6elsod puc pelsenbeJ ld!eoeJ uJnlaJ 'l!eUJ selelS pe],!Ul'l peg!peo ']ueu~noop u!ql!M eq>, jo/~doo loeJJOO puc an J), e peAJeS eAeq I jeq), ,~J!lJeO ~qeJeq I '800~ 'IPdV jo/~ep ..6 s!q~, 'MON ONV -lO 3.LVOI-II.L~I=IO APR 1 1 2803 ALL PRO PRODUCTS, INC., Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL DIVISION (SUSPENSION OF INSPECTION PRIVILEGE) ORDER AND NOW, this ~/'~day of ~.~z~ ,2003, upon consideration of the Appeal of All Pro Products, Inc., from the suspension of its Certificate of Appointment as an Official Safety Inspection Station, a de novo hearing is scheduled for the /Z~day of ~"~Zo~ , 2003, at /~Z~) o'clock~_.m, in Court Room No. ~ of the Cumberland County Courthouse. (J.) ALL PRO PRODUCTS, INC. PETITIONER : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 03-1647 : CIVIL DIVISION (SUSPENSION OF INSPECTION COMMONWEALTH OF PENNSYLVANIA,: DEPARTMENT OF TRANSPORTATION, : : BUREAU OF MOTOR VEHICLES, RESPONDENT : PRIVILEGE) _ORDER AND NOW this ~'~_ day o~f ? 2003, it appearing that Respondent Department of Transportation, Bureau ot tv~otor Vehicles, and Petitioner, All Pro Products, Inc., have duly considered and entered into a Stipulated Agreement in the above-captioned case, the Court ORDERS, ADJUDGES, AND DECREES as follows: 1. By official notice of suspension, dated February 19, 2003, and hand-delivered March 12, 2003, the Department of Transportation, Bureau of Motor Vehicles ("Bureau") notified Clarence Brooks, Jr., t/d/b/a All Pro Products, Inc. ("All Pro Products"), O.I.S. # 5973, 6250 Carlisle Pike, Mechanicsburg, PA that a permanent suspension was being imposed upon All Pro Products' Certificate of Appointment as an official safety inspection station. The permanent suspension resulted from the following: a one-year suspension for a first violation and a permanent suspension for second wolat~on of furnishing a certificate of inspection without performing an inspection; a one-year suspension for a first violation and a permanent suspension for 42 subsequent violations of fraudulent record keeping; and 4 months suspension for first violation and 6 months suspension for 40 subsequent violations of inspection by an uncertified mechanic. The suspensions were imposed consecutively and commenced on March 12, 2003. 3. The suspensions were imposed pursuant to 75 Pa.C.S.§4724(a) and 67 Pa Code §175.51(a). 4. All Pro Products' Certificate of Appointment has been suspended since March 12, 2003, when the official notice of suspension was served. All Pro Products did not request to be nor has it been restored pending appeal. On Anril 10, 2003, All Pro Products filed a timely appeal from 5. in the Cot~rt of Common Pleas of Cumberland County. The appeal was these suspensions docketed at No. 03-1647 and, by Order entered April 21, 2003, a de novo hearing was scheduled for May 14, 2003 at 10:00 A.M. 6. The parties requested the cancellation of the hearing scheduled for May 14, 2003 in light of settlement of this matter. 7. The All Pro Products station located at 6418 Carlisle Pike, Mechanicsburg, PA. was issued a Certificate of Appointment to conduct official safety inspections (formerly assigned OIS # 9483) and was authorized to conduct official safety inspections until August 28, 2002, when Station Representative Clarence Brooks, Jr. voluntarily cancelled that Certificate of Appointment. 8. In lieu of the permanent suspensions the Bureau imposed by its order dated February 19, 2003, for first and second violations of furnishing a certificate of inspection without performing a inspection, first and subsequent violations of fraudulent record-keeping and inspections by an uncertified mechanic, the Bureau agrees to impose a total suspension of two years, as follows: (a) A one-year suspension imposed for the first and second violations of famishing a certificate of inspection without performing an inspection. (b) A one-year suspension for the first violation and the 42 subsequent violations of fraudulent record keeping. (c) The one-year suspensions imposed for furnishing a certificate of inspection and for fraudulent record keeping shall be served consecutively for a total suspension of two (2) years. (d) A four-month suspension and a six-month suspension, respectively, for the first and 40 subsequent violations of inspection by an uncertified mechanic, to run consecutively for a total suspension of ten (10) months. (e) The ten-month suspension imposed for inspection by an uncertified mechanic is to be served concurrently with the two- year suspension imposed for fraudulent record-keeping and furnishing a certificate of inspection without performing an inspection, resulting in a total suspension term of two (2) years. (f) Petitioner began serving the two year suspension on March 12, 2003. 12 2005. (g) Petit~oner suspension will end on Saturday, March , (h) Petitioner's authority to conduct official safety inspections will be restored on the following business day, Monday, March 14, 2005. (i) The Bureau will not consider nor approve an application for a Certificate of Appointment as an official safety inspection station that is submitted by the officers, owners, shareholders or managers of All Pro Products for the All Pro Products station located at 6418 Carlisle Pike, Mechanicsburg, PA, until such time as the two year suspension under this settlement has been entirely served. All Pro Products agrees to the following: (a) To accept the total two year suspension for violations of furnishing a certificate of inspection without performing an inspection, fradulent record-keeping and inspection by an uncertified mechanic as indicated in paragraphs 8(a) through 8(h). (b) To accept that the Bureau will not consider nor approve an application for a Certificate of Appointment as an official safety inspection station that is submitted by the officers, owners, shareholders or managers of All Pro Products for the All Pro Products' station at 6418 Carlisle Pike, Mechanicsburg, PA, until such time as the two year suspension imposed under this settlement has been entirely served, as indicated in Paragraphs 8(h). (c) Pursuant to 67 PA Code §175.51(g), the violations of furnishing a certificate of inspection without performing an inspection, fraudulent record-keeping and inspection by an uncertified mechanic will be recorded on the station's safety inspection record and will be considered as first violations for the term of three years from the date of the violations. (c) All Pro Products waives any and all rights to appeal this matter 10. We have read and approved the above-noted terms and conditions of this Stipulated Agreement. t ~or Clarence Brooks, Jr., tJd~o/a All Pro Products, Inc., OIS #5973 ----'-~ine N. Blass DATE: Attorney for Department of Transportation, v Edgar B. Bayley, J. ~,~ cc: Barbara A. Darkes, McNees, Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA. 17108-1166 Elaine N. Blass, Office of Chief Counsel, PA Department of Transportation, ~ Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104-2416 cC-.