1 1 BEFORE THE PUBLIC UTILITIES COMMISSION OF OHIO 2 - - - 3 In the Matter of : : 4 Tommy Stanislawski : Case No. 17-234-TR-CVF : 5 : 6 - - - 7 PROCEEDINGS 8 before Kerry Sheets, Attorney Examiner, at the 9 offices of the Public Utilities Commission of Ohio, 10 180 East Broad Street, Room 11-C, Columbus, Ohio, on 11 Tuesday, April 11, 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 John Jones, 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 - - - 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 Tuesday morning, 2 April 11, 2017. 3 - - - 4 THE ATTORNEY EXAMINER: The Public 5 Utilities Commission has set for hearing at this 6 time and place Case No. 17-234-TR-CVF in the matter 7 of Tommy Stanislawski. My name is Kerry Sheets. 8 I'm the attorney examiner for the Commission, and 9 I've been assigned to hear this case. 10 May I have the appearances of the parties, 11 please. 12 MR. JONES: Yes. Good morning, Your 13 Honor. On behalf of the Staff of the Public 14 Utilities Commission of Ohio, Ohio Attorney General 15 Mike DeWine, Assistant Attorney General John Jones, 16 30 East Broad Street, 16th floor, Columbus, Ohio 17 43215. 18 THE ATTORNEY EXAMINER: Thank you, 19 Mr. Jones. Do you have a statement to make for the 20 record? 21 MR. JONES: I do, Your Honor. 22 Your Honor, upon review of the case record 23 in this case, it has been -- we see that the status 24 of the case has been -- the forfeiture has been paid 25 in this case by the respondent, Mr. Stanislawski. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 4 1 And that payment was made on March 13, 2017, which, 2 of course, comes after the prehearing conference we 3 had back in February of 2017. So it appears, then, 4 that Mr. Stanislawski will not be appearing today 5 based on him making that payment and settling the 6 case. 7 And for that reason, then, I'd ask that the 8 case be adjudicated as the payment constituting an 9 admission of guilt to the charge in this case, using 10 a handheld mobile telephone device while operating a 11 commercial motor vehicle, under the Code Section 12 392.82(a)(1), and the forfeiture amount that was 13 recommended by Staff of $250, as was noticed to 14 Mr. Stanislawski by notice of preliminary 15 determination back on January 10, 2017 -- we ask 16 that the Commission assess that forfeiture. Well, 17 that's the forfeiture that was paid in this case. 18 THE ATTORNEY EXAMINER: Very good. 19 Well, of course, payment terminates all further 20 action with regard to the forfeiture. So I'll 21 consider the matter submitted on the record as is. 22 MR. JONES: Very good. 23 THE ATTORNEY EXAMINER: Thank you. 24 (Thereupon, the hearing was concluded at 25 10:03 a.m.) - - - ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 5 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 Tuesday, April 11, 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