1 1 BEFORE THE PUBLIC UTILITIES COMMISSION OF OHIO 2 - - - 3 In the Matter of : : 4 Glenn M. Martin : Case No. 16-2207-TR-CVF : 5 : 6 - - - 7 PROCEEDINGS 8 before Nicholas Walstra, Attorney Examiner, at the 9 offices of the Public Utilities Commission of Ohio, 10 180 East Broad Street, Room 11-D, Columbus, Ohio, on 11 Thursday, February 9, 2017 at 10:00 a.m. 12 - - - 13 14 15 16 17 18 19 20 21 22 23 ARMSTRONG & OKEY, INC. 222 East Town Street, Second Floor 24 Columbus, Ohio 43215-4620 (614) 224-9481 - (800) 223-9481 25 - - - ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 2 1 APPEARANCES: 2 Michael DeWine, Ohio Attorney General By Thomas G. Lindgren, Esq. 3 Assistant Attorney General 30 East Broad Street, 16th Floor 4 Columbus, Ohio 43215 5 On behalf of the Staff of the Public Utilities Commission of Ohio. 6 Yemc Law Offices 7 By Michael J. Yemc Jr., Esq. 600 South Pearl Street 8 Columbus, Ohio 43206 9 On behalf of the Respondent. 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 WITNESSES: PAGE 4 OFFICER BRIAN K. WILSON Direct Examination by Mr. Lindgren 5 5 Cross-Examination by Mr. Yemc 11 Redirect Examination by Mr. Lindgren 13 6 OFFICER JONATHAN M. HOLZWORTH 7 Direct Examination by Mr. Lindgren 14 Cross-Examination by Mr. Yemc 18 8 GLENN M. MARTIN SR. 9 Direct Examination by Mr. Yemc 20 Cross-Examination by Mr. Lindgren 24 10 11 - - - 12 STAFF EXHIBITS ID'D ADMT'D 13 1 - Driver/Vehicle Examination Report 9 19 14 2 - Notice of preliminary determination -- 19 15 - - - 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 4 1 Thursday morning, 2 February 9, 2017. 3 - - - 4 THE ATTORNEY EXAMINER: The Public 5 Utilities Commission of Ohio has called for hearing 6 at this time and place Case No. 16-2207-TR-CVF being 7 in the matter of Glenn M. Martin, notice of apparent 8 violation and intent to assess forfeiture. My name 9 is Nick Walstra. I am the attorney examiner 10 assigned by the commission to hear this case. We'll 11 begin by taking appearances of the parties. We'll 12 start with Staff. 13 MR. LINDGREN: On behalf of the 14 commission staff, Ohio Attorney General Mike DeWine 15 by Thomas G. Lindgren, assistant attorney general. 16 My address is 30 East Broad Street, 16th Floor, 17 Columbus, Ohio 43215. 18 THE ATTORNEY EXAMINER: Thank you. 19 MR. YEMC: Yes. Thank you. Mr. Yemc 20 on behalf of Mr. Glenn Martin, and my address is 21 already with the record. Thank you. 22 THE ATTORNEY EXAMINER: With that, we 23 can get started. Mr. Lindgren, call your first 24 witness. 25 MR. LINDGREN: Thank you, Your Honor. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 5 1 The Staff calls Officer B. K. Wilson to the stand. 2 MR. YEMC: Did you want to do the 3 stipulation first? 4 MR. LINDGREN: Oh. We can do that 5 afterwards. That's okay. 6 MR. YEMC: Okay. 7 (Witness sworn.) 8 THE ATTORNEY EXAMINER: Thank you. You 9 may be seated. 10 - - - 11 BRIAN K. WILSON, 12 called as a witness, being first duly sworn, 13 testified as follows: 14 DIRECT EXAMINATION 15 BY MR. LINDGREN: 16 Q. Good morning, sir. 17 A. Good morning, sir. 18 Q. Could you please state your name for 19 the record. 20 A. Brian K. Wilson. 21 Q. And what is your business address? 22 A. I work out of the Ashland post. 23 Q. The Ashland post of the Ohio State 24 Highway Patrol? 25 A. Yes, sir. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 6 1 Q. Thank you. And where are you employed? 2 A. Ohio State Highway Patrol. 3 Q. What is your position there? 4 A. Motor carrier enforcement inspector. 5 Q. And how long have you been in that 6 position? 7 A. I've been in the position for just over 8 a year. 9 Q. Thank you. And what sort of training 10 have you received in preparation for that position? 11 A. I've gone through courses through the 12 Ohio State Highway Patrol which is -- the course 13 names are North American Standard A and B, which 14 is -- A is for the driver; B is for the vehicle -- 15 PVI, general hazmat, hazmat cargo tank, and hazmat 16 other bulk. 17 Q. Thank you. And do you hold any 18 certifications? 19 A. I do. I hold certifications in the -- 20 for the inspections in A and B, general hazmat, PVI, 21 cargo tank, and other bulk. 22 Q. Thank you. Do you recall being on duty 23 on September 6 of 2016? 24 A. I do. 25 Q. And do you recall, on that date, ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 7 1 inspecting a vehicle driven by the respondent in 2 this case, Mr. Glenn Martin? 3 A. Yes, sir. 4 Q. And what was the reason for your 5 inspection in this case? 6 A. I stopped the gentleman for an obvious 7 violation and then conducted a Level III inspection. 8 Q. What was the obvious violation? 9 A. The gentleman had a cell phone in his 10 right hand to his right ear. 11 Q. And where were you located when you 12 made this observation? 13 A. I was sitting stationary on 71 at Mile 14 Marker 162 facing the northbound lane. 15 Q. Thank you. And where was the vehicle 16 driven by Mr. Martin? 17 A. It was in the right-hand lane, the lane 18 furthest from me, traveling northbound. 19 Q. Thank you. Did you have an 20 unobstructed view of the vehicle? 21 A. Yes, I did. 22 Q. And approximately how far away from you 23 was it when you made this observation? 24 A. 50 feet. 25 Q. Thank you. Were there any vehicles in ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 8 1 between you and Mr. Martin's vehicle? 2 A. No, sir. Not that I recall. 3 Q. Thank you. Did you speak to the driver 4 in the course of this inspection? 5 A. Yes, sir. 6 Q. Did he make any statements to you 7 regarding this violation? 8 A. When I first spoke to the gentleman, he 9 stated that he wasn't on the cell phone. And during 10 the course of the interview -- there was two cell 11 phones in the cab, and during the course of the 12 interview, I asked him if he was on one cell phone. 13 He stated he wasn't. Then I asked him if he was on 14 the other cell phone, and he stated yes. 15 Q. Thank you. Did you say there were two 16 cell phones inside the cab? 17 A. Yes, sir. 18 Q. Were they both within reach of the 19 driver? 20 A. Yes, sir. 21 Q. Thank you. Did you prepare a report 22 reflecting the results of your inspection? 23 A. I did. 24 MR. LINDGREN: Thank you. 25 May I approach the witness? ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 9 1 THE ATTORNEY EXAMINER: You may. 2 MR. LINDGREN: Let the record reflect 3 that I am handing the witness what I have marked for 4 identification at Staff Exhibit 1. 5 THE ATTORNEY EXAMINER: So marked. 6 (Staff Exhibit 1 was marked for 7 identification.) 8 BY MR. LINDGREN: 9 Q. Officer Wilson, do you recognize this 10 exhibit? 11 A. Yes, sir. 12 Q. And can you explain what it is? 13 A. This is a report for a Level III 14 inspection. 15 Q. And did you prepare this report? 16 A. I did. 17 Q. And does it contain the results of your 18 inspection of the vehicle driven by Glenn Martin? 19 A. Yes, sir. 20 Q. Thank you. Does the report appear to 21 have been altered at all since you prepared it? 22 A. No, sir. 23 Q. Thank you. Is everything in it 24 accurate to the best of your knowledge? 25 A. Yes, sir. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 10 1 Q. Thank you. And does it note the 2 violation that you observed during the inspection? 3 A. It does. 4 Q. Thank you. What did you do with this 5 report after you prepared it? 6 A. I handed -- I printed out a copy and 7 gave it to the driver. 8 Q. Thank you. How did you transmit this 9 report to the Public Utilities Commission? 10 A. I uploaded it from my MCT, from my 11 vehicle. 12 Q. Thank you. Is that the normal 13 procedure? 14 A. It is. 15 Q. Thank you. And is this document the 16 same type that's normally used in the course of your 17 work? 18 A. Yes, sir. 19 Q. Thank you. Officer Wilson, are you 20 certain that you saw the driver, Glenn Martin, using 21 a handheld mobile telephone on this date? 22 A. Yes, sir. 23 MR. LINDGREN: Thank you. 24 I have no further questions at this 25 time. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 11 1 THE ATTORNEY EXAMINER: Thank you. 2 Go ahead. 3 MR. YEMC: Thank you. 4 - - - 5 CROSS-EXAMINATION 6 BY MR. YEMC: 7 Q. Officer Wilson, what time of the day 8 did this occur? 9 A. The report said that it's at 1:50 -- or 10 11:50. I'm sorry. 11 Q. So 11:50 in the morning. Do you know 12 what day of the week the 6th was? 13 A. I do not. I apologize. 14 Q. And this was on I-71 in Richland 15 County; is that correct? 16 A. Yes, sir. 17 Q. All right. I-71 in Richland County 18 there -- that's three lanes of traffic? 19 A. It is. Correct. Yes, sir. 20 Q. Okay. So three lanes of traffic, and 21 the respondent is in the far right lane? 22 A. Yes, sir. 23 Q. And you're in the median? 24 A. Correct. 25 Q. Okay. So this was a Tuesday of 2016. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 12 1 September 6 was a Tuesday. 2 A. Okay. 3 Q. So you're in the median. He's in the 4 far right lane. How wide are the lanes on 71? 5 A. Approximately 10 feet. 6 Q. A little more than that maybe? 7 A. Okay. 8 Q. "Okay?" You don't know the distance? 9 A. I don't know. I apologize. 10 Q. So you're not sure if you saw him from 11 50 feet away or 60 feet or 70. 12 A. It's a guess. It's an estimation. 13 Q. You're guessing. 14 A. Yes, sir. 15 Q. Okay. And he's up in his cab, and 16 you're down on the ground. You weren't outside of 17 your vehicle? 18 A. I was in my vehicle. 19 Q. Okay. You were in your vehicle. 20 A. Yes, sir. 21 Q. Okay. Were you the only one in your 22 vehicle? 23 A. No, sir. 24 Q. When you stopped Mr. Wilson, did 25 Mr. Wilson indicate to you that he had a headset for ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 13 1 his cell phone? 2 A. You mean Mr. Martin? 3 Q. Mr. Martin. Sorry, Mr. Wilson. 4 A. It's all right. You know, I apologize. 5 I don't recall. 6 Q. Okay. Do you recall seeing one? 7 A. I don't. 8 Q. Okay. Did you take any video that day? 9 A. I did not. 10 Q. Okay. No pictures? 11 A. No, sir. 12 Q. You don't recall the level of traffic 13 that day? 14 A. I don't, but -- I don't recall. I 15 apologize. 16 MR. YEMC: I have no further questions. 17 THE ATTORNEY EXAMINER: Thank you. 18 Any redirect? 19 MR. LINDGREN: Briefly, Your Honor. 20 - - - 21 REDIRECT EXAMINATION 22 BY MR. LINDGREN: 23 Q. Did you have a clear line of sight into 24 Mr. Martin's cab when you observed him using a 25 handheld cell phone? ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 14 1 A. Yes, sir. 2 MR. LINDGREN: Thank you. I have no 3 further questions. 4 THE ATTORNEY EXAMINER: Anything else? 5 MR. YEMC: No. 6 THE ATTORNEY EXAMINER: Okay. Thank 7 you. That was it. 8 OFFICER WILSON: Thank you. 9 MR. LINDGREN: The Staff would next 10 call Officer Holzworth to the stand. 11 (Witness sworn.) 12 THE ATTORNEY EXAMINER: Thank you. 13 - - - 14 JONATHAN M. HOLZWORTH, 15 called as a witness, being first duly sworn, 16 testified as follows: 17 DIRECT EXAMINATION 18 BY MR. LINDGREN: 19 Q. Good morning, sir. 20 A. Good morning. 21 Q. Could you please state your name for 22 the record? 23 A. Jonathan M. Holzworth. 24 Q. And what is your business address? 25 A. 1653 Marion Road, Bucyrus, Ohio. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 15 1 Q. And where are you employed? 2 A. Ohio State Highway Patrol. 3 Q. And what is your position there? 4 A. Motor carrier enforcement supervisor. 5 Q. And how long have you been in that 6 position? 7 A. Approximately 20 years. 8 Q. Thank you. And how long have you been 9 a supervisor? 10 A. Approximately five years. 11 Q. Thank you. What sort of training have 12 you received to prepare for this position? 13 A. North American A and B, cargo tank, 14 motorcoach, bulk, other bulk, school bus, and 15 various other training. 16 Q. Thank you. And do you hold any 17 certifications? 18 A. Absolutely. Everything I just 19 mentioned, I'm certified. 20 Q. Thank you. Were you on duty on 21 September 6 of 2016? 22 A. Yes, sir. 23 Q. And where were you that day? 24 A. In the passenger seat of Mr. Wilson's 25 patrol car. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 16 1 Q. And what was your purpose for being 2 there? 3 A. We have to have so many inspections 4 with a certified inspector with a new employee. 5 Mr. Wilson was a new employee. I believe we were 6 doing a coach-pupil period. 7 So I'm certified. I have to supervise 8 him while he's doing an inspection to get him 9 certified as well. 10 Q. Thank you. On that day, did you 11 observe the vehicle driven by the respondent in this 12 case, Mr. Glenn Martin? 13 A. Yes, sir. 14 Q. Thank you. And where were you 15 positioned when you saw this vehicle? 16 A. We were in the middle of the median 17 between north- and southbound lanes on 71, facing 18 the northbound lane, observing traffic coming north. 19 Q. Thank you. Did you personally observe 20 any violations committed that day? 21 A. Yes. I observed the same violation 22 Inspector Wilson did. 23 Q. So the violation you observed was using 24 a handheld cell phone while operating a vehicle? 25 A. Correct. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 17 1 Q. Thank you. Did you have a clear line 2 of sight into the cab at this time? 3 A. Yes, sir. 4 Q. Thank you. Do you recall if there were 5 any vehicles in between your vehicle and the 6 respondent's vehicle? 7 A. No obstruction. Where we were sitting 8 at stationary, they kind of come downhill, and they 9 gradually go back uphill. So we have a good line of 10 sight inside the vehicle when they're coming towards 11 us down that hill, and, like Mr. Wilson already 12 testified to -- that he was in the right lane. 13 I would say those lanes are 14 approximately 15 feet in width, so we were 15 approximately about 55 feet away maybe, somewhere in 16 that vicinity. Just a guesstimate on spacing. But 17 it's pretty easy, yeah. 18 Q. Thank you. 19 A. You're welcome. 20 Q. And is it possible for to you see a 21 driver using a cell phone from that vantage point? 22 A. It is. 23 Q. Thank you. And as Mr. Wilson's 24 supervisor on that date, did he perform his duties 25 properly? ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 18 1 A. Yes, he did. 2 MR. LINDGREN: Thank you. I have no 3 further questions. 4 THE ATTORNEY EXAMINER: Thank you. 5 MR. YEMC: Thank you. 6 - - - 7 CROSS-EXAMINATION 8 BY MR. YEMC: 9 Q. Now, Officer, did you approach 10 Mr. Martin's semi-tractor? 11 A. Yes, I did. Right behind Mr. Wilson. 12 Q. Okay. Did you get a chance to look 13 inside that tractor? 14 A. I was actually -- when he made a 15 passenger-side approach, he gets up in the vehicle, 16 and I stand out on the side of it and observe. So 17 two of us to get in at the same time is -- no, I 18 didn't get in it with him, but Mr. Wilson did. 19 MR. YEMC: Okay. Nothing further. 20 THE ATTORNEY EXAMINER: Thank you. 21 Any redirect? 22 MR. LINDGREN: None, Your Honor. 23 THE ATTORNEY EXAMINER: Thank you. 24 OFFICER HOLZWORTH: Thank you. 25 MR. LINDGREN: Your Honor, at this time ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 19 1 I would move for the admission of Staff Exhibit 1. 2 And also, Mr. Yemc and I have agreed to stipulate to 3 the amount of the assessed forfeiture in the event 4 the commission finds the driver committed the 5 violation, and we have also stipulated to the 6 admission of Staff Exhibit 2. So I will offer that 7 into the record at this time as well. 8 THE ATTORNEY EXAMINER: Okay. Thank 9 you. Any objections to Staff Exhibit 1? 10 MR. YEMC: No. 11 THE ATTORNEY EXAMINER: No? Okay. So 12 Staff Exhibits 1 and 2 will both be admitted. 13 (Exhibits admitted into evidence.) 14 MR. LINDGREN: Thank you. And the 15 Staff now rests its case. 16 THE ATTORNEY EXAMINER: Thank you. 17 Whenever you're ready. 18 MR. YEMC: Yeah. I'll call Mr. Martin. 19 (Witness sworn.) 20 THE ATTORNEY EXAMINER: Thank you. 21 Take a seat. 22 Go ahead. 23 MR. YEMC: Thank you. 24 - - - 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 20 1 GLENN M. MARTIN, 2 called as a witness, being first duly sworn, 3 testified as follows: 4 DIRECT EXAMINATION 5 BY MR. YEMC: 6 Q. Thank you. Mr. Martin, can you please 7 state your full name and address for the record? 8 A. Glenn Martin Sr., 67 Jon Cris Road, 9 Byhalia, Mississippi 38611. 10 Q. Now, Mr. Martin, on September 6 of last 11 year, did you happen to be driving a semi in the 12 state of Ohio? 13 A. Yes, sir. 14 Q. Okay. And at approximately 11:50 a.m., 15 did you happen to get pulled over by the Motor 16 Carrier Enforcement Division by the state highway 17 patrol? 18 A. Yes, sir. 19 Q. Could you explain for the Court what 20 occurred that day? 21 A. Well, I was driving along like the 22 officer said. Really, I didn't even see him. So I 23 wasn't trying to hide anything. I did not have a 24 cell phone in my hand, as I stated to you guys, that 25 day that -- we went back and forth. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 21 1 Q. Okay. Now, let me just interrupt you 2 briefly. I heard testimony earlier that there were 3 two cell phones in your semi. Could you explain 4 what those phones are for? 5 A. Okay. One cell phone, I listen to 6 music. That sits in the cup holder. The other cell 7 phone is my personal cell phone that I talk on. It 8 has a -- in my dashboard, I have a hole cut in 9 there, and my pouch, my case that my phone 10 carries -- I sit it in the hole, and that whole 11 thing sits there. 12 I didn't have a phone in my hand. I 13 had a headset on my head, and, at the time, it was 14 beginning to make my head hurt. I took the headset 15 off of my head, and I placed it down on my -- where 16 my cigarette lighter plug is at. That's the only 17 thing I think you guys saw. 18 I tried to explain it to you. You 19 didn't want to hear that. I asked you to look in my 20 truck, and you didn't get in my truck. You stood on 21 the step side of my fuel tank. That's where you 22 stood at. On the truck. 23 Q. Now, Mr. Martin was your headset 24 working properly that day? 25 A. It was working great. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 22 1 Q. Was there any reason for you have your 2 cell phone up to your ear that day? 3 A. No. That's what bothers me. I didn't. 4 I had the headset. I didn't have -- I didn't have 5 the telephone up to my ear. I wouldn't have even 6 get it because that's why it's mounted on my 7 dashboard. 8 Q. Were you making a phone call at that 9 time? 10 A. No. 11 Q. Now, after you got pulled over, the 12 officers approached your vehicle. And we heard 13 testimony from Officer Wilson earlier that you told 14 him you were using a cell phone. 15 A. I did not say no such thing like that. 16 I never told anyone I was using no cell phone. 17 Q. So he's mistaken about that? 18 A. Yes, sir. I did ask officer Wilson to 19 get in my truck so I could show him the headset and 20 how my headphone and stuff was in my truck and the 21 cell phone, but he didn't want to. So I didn't ask 22 him anymore. And that's when his supervisor come 23 around and said that they saw me with a head -- with 24 a cell phone up to my ear. 25 I said, "No, you didn't." And we went ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 23 1 back and forth and back and forth, and I just said, 2 "Okay. Fine. Just let me have my write-up so I can 3 go." Too much shooting and killing going on. So I 4 just said, "Forget it." And I left. 5 MR. YEMC: Now, before I continue on 6 with questioning, can I have a brief -- ask a brief 7 question of you Your Honor? 8 THE ATTORNEY EXAMINER: Sure. 9 MR. YEMC: I had previously sent photos 10 of Mr. Martin's -- his dash inside of his cruiser to 11 the Public Utilities Commission, which -- 12 THE ATTORNEY EXAMINER: We'll go off 13 the record real quick. 14 (Discussion off the record.) 15 THE ATTORNEY EXAMINER: We'll go back 16 on the record. 17 BY MR. YEMC: 18 Q. Okay. So just -- your -- you said you 19 went back and forth with the officers -- 20 A. Yes. 21 Q. -- in your conversation. Exactly what 22 did you tell them? 23 A. I kept trying to tell them that I 24 wasn't using a cell phone and he didn't see me with 25 a cell phone up to my ear because I never had one ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 24 1 there. 2 Q. Okay. And did you tell him you were 3 taking off your headset? 4 A. Yeah. Yes, sir. 5 MR. YEMC: I have nothing further, Your 6 Honor. 7 THE ATTORNEY EXAMINER: Thank you. 8 Any cross? 9 MR. LINDGREN: Thank you. 10 - - - 11 CROSS-EXAMINATION 12 BY MR. LINDGREN 13 Q. Thank you. What kind of a headset was 14 this? 15 A. It's a BlueParrot. 16 Q. Oh, so it's not a Bluetooth? 17 A. No. It fits all -- it fits all the way 18 over my head. It sits on my ear, and it has a 19 little piece that comes up to the mouth. 20 Q. You said it's called a BlueParrot? 21 A. Yes. 22 Q. Would you still have to pick up the 23 phone in order to dial a number? 24 A. No. I don't have to because it's 25 mounted on my dashboard. If I have to do it, I can ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 25 1 just dial a number right there. That's why it's set 2 up. But I didn't have a need to do that. I wasn't 3 on the phone. 4 MR. LINDGREN: Thank you, Your Honor. 5 I have no further questions. 6 MR. YEMC: No redirect. 7 THE ATTORNEY EXAMINER: Okay. 8 MR. YEMC: The defense rests. There's 9 no further witnesses. 10 THE ATTORNEY EXAMINER: Okay. 11 Can you describe the headset? Does it 12 cover both ears? 13 THE RESPONDENT: No. It has a metal 14 piece that has a black piece that sits here, and it 15 comes over to my ear where I hear through. Then it 16 has a mouthpiece that comes down to my mouth. 17 THE ATTORNEY EXAMINER: Okay. 18 THE RESPONDENT: And that's how I 19 make -- and there's an easy way you can flip it. It 20 can go from to your left ear or your right ear. 21 THE ATTORNEY EXAMINER: Okay. Thank 22 you. 23 Do you have questions on that? 24 MR. YEMC: No. 25 THE ATTORNEY EXAMINER: Thank you. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 26 1 You're good. 2 Anything further? 3 MR. LINDGREN: Nothing, Your Honor. 4 MR. YEMC: Nothing. 5 THE ATTORNEY EXAMINER: We're all set. 6 The commission will take this under advisement and 7 issue a ruling as soon as they can. 8 MR. YEMC: Okay. Thanks a lot. 9 Appreciate it. 10 THE ATTORNEY EXAMINER: Thank you. 11 (Thereupon, the hearing was concluded 12 at 10:30 a.m.) 13 - - - 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 27 1 CERTIFICATE 2 I do hereby certify that the foregoing 3 is a true and correct transcript of the proceedings 4 taken by me in this matter on Thursday, February 9, 5 2017, and carefully compared with my original 6 stenographic notes. 7 8 ___________________________ 9 Heather A. Piper, Registered Professional Reporter and 10 Notary Public in and for the State of Ohio. 11 12 13 My commission expires October 29, 2020. 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481