1 BEFORE THE PUBLIC UTILITIES COMMISSION OF OHIO 2 - - - 3 In the Matter of Curtis : Holliday, Notice of : 4 Apparent Violation and : Case No. 17-0054-TR-CVF Intent to Assess : 5 Forfeiture. : 6 - - - 7 PROCEEDINGS 8 before Megan Addison, Hearing Examiner, at the Public 9 Utilities Commission of Ohio, 180 East Broad Street, 10 Room 11-D, Columbus, Ohio, called at 10:00 a.m. on 11 Tuesday, May 16, 2017. 12 - - - 13 14 15 16 17 18 19 20 21 22 ARMSTRONG & OKEY, INC. 222 East Town Street, Second Floor 23 Columbus, Ohio 43215-5201 (614) 224-9481 - (800) 223-9481 24 25 - - - ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 2 1 APPEARANCES: 2 Mike DeWine, Ohio Attorney General By Mr. Steven Logan Beeler 3 Assistant Attorney General 180 East Broad Street, 16th Floor 4 Columbus, Ohio 43215 5 On behalf of the Public Utilities Commission of Ohio. 6 7 - - - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 3 1 INDEX 2 - - - 3 Staff Exhibit Identified Admitted 4 1 Driver Vehicle Examination 6 6 Report 5 2 Notice of Preliminary 6 6 6 Determination 7 8 - - - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 4 1 Tuesday Morning Session, 2 May 16, 2017. 3 - - - 4 THE EXAMINER: Good morning. The Public 5 Utilities Commission of Ohio has assigned for hearing 6 at this time and place Case No. 17-54-TR-CVF, being 7 In the Matter of Curtis Holliday, Notice of Apparent 8 Violation and Intent to Assess Forfeiture. 9 My name is Megan Addison, and I'm the 10 Attorney-Examiner assigned by the Commission to hear 11 this case. At this time, we will go ahead and take 12 appearances of the parties, beginning with Staff. 13 MR. BEELER: Thank you, your Honor. On 14 behalf of the Staff of the Public Utilities 15 Commission of Ohio, Ohio Attorney General Mike 16 DeWine, I'm Steven Beeler, Assistant Attorney 17 General, 30 East Broad Street, 16th floor, Columbus, 18 Ohio, 43215. Thank you. 19 THE EXAMINER: Thank you, Mr. Beeler. 20 At this time, I'd like to note for the 21 record that Mr. Holliday is not present at this 22 morning's hearing. Has Staff heard from 23 Mr. Holliday if he was going to be attending today's 24 hearing? 25 MR. BEELER: Staff has not heard from ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 5 1 Mr. Holliday. 2 THE EXAMINER: Thank you, Mr. Beeler. 3 At this time, we will go ahead and take a 4 brief 15-minute break to allow Mr. Holliday some 5 additional time to appear at this morning's hearing. 6 And with that, we're off the record. 7 (Recess taken.) 8 THE EXAMINER: Let's go back on the 9 record. We took a brief break to allow Mr. Holliday 10 some additional time to come to this morning's 11 hearing. At this time, he's still not present in the 12 Hearing Room, so we will be proceeding this morning. 13 Mr. Beeler, are you ready to proceed with 14 your -- 15 MR. BEELER: Yes, your Honor. 16 THE EXAMINER: Thank you. 17 MR. BEELER: Thank you. The Staff in 18 this matter would move for a default judgment 19 pursuant to 4901:2-7-14(E) which states that a 20 Respondent who has requested an administrative 21 hearing that fails to appear for the evidentiary 22 hearing shall be in default. The Respondent in 23 default shall be deemed to have committed the 24 occurrence of the violation and waived all further 25 rights to contest liability for the forfeiture ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 6 1 proposed in the Notice of Preliminary Determination 2 or to contest the making of the Compliance Order 3 described in the Notice of Preliminary Determination. 4 THE EXAMINER: Thank you, Mr. Beeler. We 5 will take the Motion for Default under advisement. 6 MR. BEELER: And also, your Honor, the 7 Staff would move what has been previously marked as 8 Staff Exhibit 1 which is the Driver Vehicle 9 Examination Report with an inspection date of 10 9-15-2016 in this matter. The Staff would move for 11 Staff Exhibit 1 to be admitted into the record. 12 THE EXAMINER: Thank you. Staff Exhibit 13 1 will be so marked and admitted into the record. 14 (EXHIBIT MARKED FOR IDENTIFICATION AND 15 ADMITTED INTO THE RECORD.) 16 MR. BEELER: Staff would also move for 17 the admission of what has been previously marked as 18 Staff Exhibit 2 which is the Notice of Preliminary 19 Determination which was sent to Mr. Curtis Holliday, 20 and that Notice is dated 12-8-2016. Staff would move 21 for the admission of that Staff Exhibit 2. 22 THE EXAMINER: Thank you, Mr. Beeler. It 23 will be so marked and admitted into the record. 24 (EXHIBIT MARKED FOR IDENTIFICATION AND 25 ADMITTED INTO EVIDENCE.) ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 7 1 MR. BEELER: Nothing further, your Honor. 2 THE EXAMINER: Thank you. I believe with 3 that, we are adjourned. Thank you, everyone, for 4 coming today. 5 MR. BEELER: Thank you. 6 (The hearing was concluded at 10:20 a.m.) 7 - - - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 8 1 CERTIFICATE 2 I do hereby certify that the foregoing is 3 a true and correct transcript of the proceedings 4 taken by me in this matter on Tuesday, May 16, 2017, 5 and carefully compared with my original stenographic 6 notes. 7 8 ________________________ 9 Cynthia L. Cunningham 10 11 - - - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481