Order 20326 - Yellow Cab: Fitness Hearing

ORDER

WHEREAS:  On November 19, 2009, the Rhode Island Division of Public Utilities and Carriers (“Division”) issued Report and Order number 19830 in this matter approving the Stipulation of Facts and Settlement Agreement executed by Yellow Cab, Inc., and the Advocacy Section of the Division, whereby Yellow Cab, Inc., agreed, inter alia, that:

Yellow Cab will be assessed a civil fine of one hundred thousand ($100,000.00) dollars (“Civil Fine”) for violations alleged herein.  Fifty thousand dollars ($50,000.00 and “Suspended Fine”) of the Civil Fine shall be suspended for a period of five (5) years (“Probation Period”).  Yellow Cab shall pay the unsuspended portion of the Civil Fine in five (5) payments (each a “Payment”) in the amounts and at the times (each a “Due Date”) set forth in the table below, and payable by check or money order to the Rhode Island Division of Public Utilities and Carriers…

WHEREAS:  The approved Stipulation of Facts and Settlement Agreement executed by Yellow Cab, Inc., and the Advocacy Section of the Division then specified that the first Payment of the Civil Fine would have a Due Date of April 15, 2010, the second a Due Date of April 15, 2011, the third a Due Date of April 16, 2012, the fourth a Due Date of April 15, 2013, and the fifth a Due Date of April 15, 2014.

WHEREAS:  Yellow Cab, Inc., made the first agreed upon payment by the agreed upon Due Date of April 15, 2010.

WHEREAS:  On April 4, 2011, the Motor Carrier Section of the Division received an undated letter from Ms. Carol Allen, President of Yellow Cab, Inc., stating as follows:

We at D&T Inc. D.B.A. Yellow Cab Inc. are seeking a six month extension due to the poor economy.  Business has been slow, and our monthly insurance premium is over 10,000.00 dollars.  We ask that we get the extension so that we do not fall short of our obligations.

WHEREAS:  Mr. Terrence Mercer, the Associate Administrator for Motor Carriers, recognized that Ms. Allen’s letter was in the nature of a Motion for Relief From Order within the meaning of Rule 31 of the Division’s Rules of Practice and Procedure seeking an extension of the approved Payment Due Date of April 15, 2011, and forwarded it to the Hearing Officer for appropriate action.

WHEREAS:  Yellow Cab, Inc., and its constituent companies, as identified in the caption above, agreed to the payment plan approved by Report and Order number 19830 seventeen months ago, have had seventeen months notice of the upcoming Payment Due Date of April 15, 2011, and have had twelve months since the first Payment Due Date (April 15, 2010) in which to budget for the upcoming Payment Due Date.

WHEREAS:  The Division finds that compliance with the payment schedule agreed to by Yellow Cab, Inc., is a material term of the Stipulation of Facts and Settlement Agreement executed by Yellow Cab, Inc., and the Advocacy Section of the Division that may not be set aside without good cause.

WHEREAS:  The Division finds that Yellow Cab, Inc.’s failure to adequately plan and budget for the Civil Fine Payment of $10,000.00 due on April 15, 2011, is not a sufficient grounds for modifying the terms of the Stipulation of Facts and Settlement Agreement executed by Yellow Cab, Inc., and the Advocacy Section of the Division agreed to and executed on November 13, 2009.

Accordingly, it is

1.      That the Motion for Relief from Order submitted by Yellow Cab, Inc., on April 4, 2011, is denied.

DATED AND EFFECTIVE AT WARWICK, RHODE ISLAND, APRIL 6, 2011.

NOTICE OF AVAILABILITY OF JUDICIAL REVIEW

(PROVIDED PURSUANT TO R.I.G.L. §42-35-12)

Please be advised that if you are aggrieved by this final decision (report and order) of the Rhode Island Division of Public Utilities and Carriers (“Division”) you may seek judicial review of the Division’s final decision by filing an appeal with the Rhode Island Superior Court.  You have thirty (30) days from the mailing date (or hand delivery date) of the Division’s final decision to file your appeal.  The procedures for filing the appeal are set forth in Rhode Island General Laws, Section 42-35-15.

Proceedings for review may be instituted by filing a complaint in the Superior Court of Providence or Kent Counties.  Copies of the complaint must be served upon the Division and all other parties of record in your case.  You must serve copies of the complaint within ten (10) days after your complaint is filed with the Superior Court.

Please be advised that the filing of a complaint (appeal) with the Superior Court does not itself stay enforcement of the Division’s final decision.  You may however, seek a stay from the Division and/or from the Court.

The judicial review shall be conducted by the Superior Court without a jury and shall be confined to the record.  The Court, upon request, shall hear oral argument and receive written briefs.