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CASE NUMBER: 21-0923-TR-CVF
CASE DESCRIPTION: Cary Stultz (OH3239002062D)
DOCUMENT SIGNED ON: 1/26/2023
DATE OF SERVICE: ________________________________________
01/26/2023 Opinion & Order finding that Staff demonstrated, by a preponderance of the evidence, that SEI Logistics, LLC violated 49 C.F.R. 398.17(c) (no proof of periodic vehicle inspection), 393.95(a) (no or discharged fire extinguisher), 393.95(f) (insufficient warning devices, such as safety triangles), 390.21(b) (no carrier name or USDOT number on sides of commercial motor vehicle), 393.75(a) (right outside tire no measurable air pressure), and 393.43 (emergency braking system inoperable). The Commission further finds, by a preponderance of the evidence, that driver Cary Stultz did not violate 49 C.F.R. 391.41(a) (no medical examiner’s certificate), 395.8(a)(1) (no record of duty status/logbook), and 393.23(a)(2) (no commercial driver’s license). In addition, the Commission orders that SEI Logistics, LLC pay a $250 forfeiture within 60 days of this Entry, and that the civil forfeiture assessed against Cary Stultz be excused, with the violations deleted from Mr. Stultz’s Safety Net record electronically filed by Ms. Mary E. Fischer on behalf of Public Utilities Commission of Ohio.
05/20/2022 Staff Post Hearing Brief electronically filed by Mrs. Tonnetta Y. Scott on behalf of PUCO.
05/02/2022 Exhibit 4 - Notice of Preliminary Determination electronically filed by Mr. Ken Spencer on behalf of Armstrong & Okey, Inc. and Chafins, Donna.
05/02/2022 Exhibit 3 - Notice of Preliminary Determination electronically filed by Mr. Ken Spencer on behalf of Armstrong & Okey, Inc. and Chafins, Donna.
05/02/2022 Exhibit 2 - Photographs electronically filed by Mr. Ken Spencer on behalf of Armstrong & Okey, Inc. and Chafins, Donna.
05/02/2022 Exhibit 1 - Driver Examination Report electronically filed by Mr. Ken Spencer on behalf of Armstrong & Okey, Inc. and Chafins, Donna.
05/02/2022 Transcript of hearing held 10:00 a.m. April 18, 2022, at the Public Utilities Commission of Ohio, 180 East Broad Street, Hearing Room 11-D, Columbus, Ohio, via Webex, before Attorney Examiner James Lynn In the Matter of SEI Logistics, LLC and Cary Stultz Intent to Assess Forfeiture electronically filed by Mr. Ken Spencer on behalf of Armstrong & Okey, Inc. and Chafins, Donna.
02/10/2022 Service Notice.
02/10/2022 Attorney Examiner Entry ordering that the evidentiary hearing take place as scheduled remotely on April 18, 2022, in accordance with Paragraph 4 electronically filed by Heather A. Chilcote on behalf of James M. Lynn, Attorney Examiner, Public Utilities Commission of Ohio.
09/20/2021 Service Notice.
09/20/2021 Attorney Examiner Entry ordering that a prehearing conference be conducted by telephone as indicated in Paragraph 3 electronically filed by Heather A. Chilcote on behalf of James M. Lynn, Attorney Examiner, Public Utilities Commission.
09/07/2021 In the Matter of the Request for Administrative Hearing by Colin Maher on behalf of Cary S. Stultz.