1       BEFORE THE PUBLIC UTILITIES COMMISSION OF OHIO
  2                           - - -
  3   In the Matter of George   :
      Sims, Notice of Apparent  : Case No. 16-1941-TR-CVF
  4   Violation and Intent to   :
      Assess Forfeiture         :
  5   
                              - - -
  6   
                           PROCEEDINGS
  7   
  8   before Mr. Jim M. Lynn, Hearing Examiner, at the
  9   Public Utilities Commission of Ohio, 180 East Broad
 10   Street, Room 11-D, Columbus, Ohio, called at
 11   11:00 a.m. on Thursday, January 12, 2017.
 12                           - - -
 13   
 14   
 15   
 16   
 17   
 18   
 19   
 20   
 21   
 22                   ARMSTRONG & OKEY, INC.
                 222 East Town Street, 2nd Floor
 23                 Columbus, Ohio  43215-5201
                 (614) 224-9481 - (800) 223-9481
 24                    Fax - (614) 224-5724
 25                           - - -
2
  1   APPEARANCES:
  2          Mike DeWine, Ohio Attorney General
             By Mr. William L. Wright,
  3          Section Chief
             Mr. Werner L. Margard, III,
  4          Assistant Attorney General
             Public Utilities Section
  5          30 East Broad Street, 16th Floor
             Columbus, Ohio 43215
  6   
                  On behalf of the Staff of the PUCO.
  7   
                              - - -
  8   
  9   
 10   
 11   
 12   
 13   
 14   
 15   
 16   
 17   
 18   
 19   
 20   
 21   
 22   
 23   
 24   
 25   
3
  1                           INDEX
  2                           - - -
  3   STAFF EXHIBITS                    IDENTIFIED ADMITTED
  4   1 - Driver/Vehicle Examination        6         7
          Report
  5   
      2 - Notice of Preliminary             6         7
  6       Determination
  7                           - - -
  8   
  9   
 10   
 11   
 12   
 13   
 14   
 15   
 16   
 17   
 18   
 19   
 20   
 21   
 22   
 23   
 24   
 25   
4
  1                            Thursday Morning Session,
  2                            January 12, 2017.
  3                           - - -
  4               EXAMINER LYNN:  We'll go on the record at
  5   this time.
  6               The Public Utilities Commission of Ohio
  7   has assigned for hearing at this time and place,
  8   Case No. 16-1941-TR-CVF, In the Matter of George
  9   Sims, Notice of Apparent Violation and Intent to
 10   Assess Forfeiture.  I'm Jim Lynn, the Attorney
 11   Examiner assigned to hear this case.
 12               At this time we'll have appearances of
 13   the parties or maybe I should say party.  On behalf
 14   of the Ohio Attorney General's office, Mr. Margard.
 15               MR. MARGARD:  Thank you, your Honor.  On
 16   behalf of the transportation staff of the Public
 17   Utilities Commission of Ohio, Mike DeWine, Ohio
 18   Attorney General, William Wright, Section Chief,
 19   Public Utilities Section, by Assistant Attorney
 20   General Werner L. Margard, 30 East Broad Street,
 21   16th floor, Columbus, Ohio 43215.
 22               EXAMINER LYNN:  Thank you, Mr. Margard.
 23               I'll note for the record at this point in
 24   time we are starting at 11 o'clock which is the
 25   designated time and place.  Mr. Sims, the driver in
5
  1   the case, the Respondent, is not here at this time.
  2   We will allow about a half-hour for him to show up.
  3               I'll note that before the hearing began I
  4   did check our electronic records in the Docketing
  5   Information System.  Mr. Sims was provided a notice
  6   of when this hearing would be or a service notice.
  7   There's no indication in our system that that letter
  8   was returned as undeliverable, so we're assuming that
  9   it did arrive at the destination.
 10               With that in mind, we'll pause and go off
 11   the record for about a half-hour at the most, and I
 12   hope that Mr. Sims will show up.  And I'll add that
 13   also we've had no calls from him indicating that he
 14   could not attend today.  So, with that in mind, we'll
 15   go off the record, allow about a half-hour, and see
 16   what happens.  Thank you.
 17               (Off the record.)
 18               EXAMINER LYNN:  We'll go back on the
 19   record here.
 20               It's 11:28, virtually 11:30.  I'll note
 21   Mr. Sims still has not appeared.  I also checked
 22   docketing information again.  The service notice to
 23   him indicating the date of the hearing was actually
 24   sent out about two months ago in early November, so
 25   certainly that was enough time for any mail to be
6
  1   returned if that address for Mr. Sims was no longer
  2   valid
  3               With that in mind, we'll let Mr. Margard
  4   proceed with his case.
  5               MR. MARGARD:  Thank you, your Honor.
  6               (EXHIBITS MARKED FOR IDENTIFICATION.)
  7               MR. MARGARD:  I have marked and placed
  8   before you and the court reporter two documents.  The
  9   first, the Driver/Vehicle Examination Report, dated
 10   July the 7th, 2016, and marked for purposes of
 11   identification as Staff Exhibit No. 1.  And the
 12   second, the Notice of Preliminary Determination,
 13   dated August 30th, 2016, and sent to the Respondent,
 14   and marked for purposes of identification as Staff
 15   Exhibit No. 2.
 16               Your Honor, these documents evidence the
 17   violation found in this case and the forfeiture
 18   assessed against the Respondent.  I would
 19   respectfully request that these documents be admitted
 20   into evidence and I would move for a default judgment
 21   against the Respondent in this matter
 22               EXAMINER LYNN:  We will admit those
 23   exhibits into evidence, there is certainly no party
 24   here objecting to that, and we will take into
 25   consideration your request for a
7
  1               (EXHIBITS ADMITTED INTO EVIDENCE.)
  2               EXAMINER LYNN:  Any other comments,
  3   Mr. Margard?
  4               MR. MARGARD:  I have nothing further,
  5   your Honor.  Thank you.
  6               EXAMINER LYNN:  Okay.  Thank you very
  7   much everyone for attending, we appreciate you being
  8   here, and we'll call the proceeding to a close.
  9              (Thereupon, at 11:31 a.m. the hearing
 10   concluded.)
 11                           - - -
 12                        CERTIFICATE
 13          I do hereby certify that the foregoing is a
 14   true and correct transcript of the proceedings taken
 15   by me in this matter on Thursday, January 12, 2017,
 16   and carefully compared with my original stenographic
 17   notes.
 18   
 19                      _______________________________
                         Carolyn M. Burke, Registered
 20                      Professional Reporter, and
                         Notary Public in and for the
 21                      State of Ohio.
 22   My commission expires July 17, 2018.
 23                           - - -
 24   
 25