5311. (a) Every household goods carrier and every officer,
director, agent, or employee of any household goods carrier who
violates or who fails to comply with, or who procures, aids, or abets
any violation by any household goods carrier of any provision of
this chapter, or who fails to obey, observe, or comply with any
order, decision, rule, regulation, direction, demand, or requirement
of the commission, or of any operating permit issued to any household
goods carrier, or who procures, aids, or abets any household goods
carrier in its failure to obey, observe, or comply with any such
order, decision, rule, regulation, direction, demand, requirement, or
operating permit, is guilty of a misdemeanor, and is punishable by
fine of not more than one thousand dollars ($1,000) or by
imprisonment in the county jail for not more than three months, or
both. If a violation is willful, each willful violation is punishable
by fine of not more than ten thousand dollars ($10,000) or by
imprisonment in the county jail for not more than one year, or both.
(b) Any person who violates subdivision (a) of Section 5133, is
guilty of a misdemeanor, and is punishable by fine of not more than
ten thousand dollars ($10,000), by imprisonment in the county jail
for not more than one year, or both, for each violation.
5311.3. Every household goods carrier, and every officer, director,
agent, or employee of a household goods carrier, who displays on any
vehicle any identifying symbol other than one prescribed by the
commission pursuant to Section 5132 or who fails to remove an
identifying symbol when required by the commission, is guilty of a
misdemeanor and is punishable by a fine of not more than one thousand
dollars ($1,000), by imprisonment in the county jail for not more
than one year, or by both.
5312. Every corporation or person other than a household goods
carrier, who knowingly and willfully, either individually, or acting
as an officer, agent, or employee of a corporation, copartnership, or
any other person other than a household goods carrier, violates any
provision of this chapter or fails to observe, obey, or comply with
any order, decision, rule, regulation, direction, demand, or
requirement of the commission, or who procures, aids, or abets any
household goods carrier in its violation of this chapter, or in its
failure to obey, observe, or comply with any such order, decision,
rule, regulation, direction, demand, or requirement, is guilty of a
misdemeanor, and is punishable by a fine of not more than one
thousand dollars ($1,000) or by imprisonment in the county jail for
not more than three months, or both.
5313. Every household goods carrier and every officer, director,
agent, or employee of any household goods carrier who violates or who
fails to comply with, or who procures, aids, or abets, any violation
by any household goods carrier of any provision of this chapter, or
who fails to obey, observe, or comply with any order, decision, rule,
regulation, direction, demand, or requirement of the commission, or
of any operating permit issued to any household goods carrier, or who
procures, aids, or abets any household goods carrier in its failure
to obey, observe, or comply with any such order, decision, rule,
regulation, direction, demand, requirement, or operating permit, is
subject to a penalty of not more than five hundred dollars ($500) for
each offense.
5313.5. Whenever the commission, after hearing, finds that any
person or corporation is operating as a household goods carrier
without a valid permit, or is holding itself out as such a carrier
without a valid permit in contravention of Section 5314.5, the
commission may impose a fine of not more than five thousand dollars
($5,000) for each violation. The commission may assess the person or
corporation an amount sufficient to cover the reasonable expense of
investigation incurred by the commission. The commission may also
assess interest on any fine or assessment imposed, to commence on the
day the payment of the fine or assessment becomes delinquent. All
fines, assessments, and interest collected shall be deposited at
least once each month in the General Fund.
5314. Every corporation or person other than a household goods
carrier who knowingly and wilfully, either individually, or acting as
an officer, agent, or employee of a corporation, copartnership, or
any other person other than a household goods carrier, violates any
provision of this chapter or fails to observe, obey, or comply with
any order, decision, rule, regulation, direction, demand, or
requirement of the commission, or who procures, aids, or abets any
household goods carrier in its violation of this chapter, or in its
failure to obey, observe, or comply with any such order, decision,
rule, regulation, direction, demand, or requirement, is subject to a
penalty of not more than five hundred dollars ($500) for each
offense.
5314.5. Every corporation or person who knowingly and willfully
issues, publishes, or affixes, or causes or permits the issuance,
publishing, or affixing, of any oral or written advertisement,
broadcast, or other holding out to the public, or any portion
thereof, that the corporation or person is in operation as a
household goods carrier without having a valid permit issued under
this chapter is guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000).
5314.6. Every household goods carrier and every officer, director,
agent, or employee of a household goods carrier who knowingly and
willfully makes a false statement of the carrier's gross operating
revenues in order to underpay the commission's reimbursement fees is
guilty of a misdemeanor.
5315. Every violation of the provisions of this chapter or of any
order, decision, decree, rule, direction, demand, or requirement of
the commission by any corporation or person is a separate and
distinct offense, and in case of a continuing violation each day's
continuance thereof is a separate and distinct offense.
5316. All remedies and penalties accruing under this chapter are
cumulative to each other and to the remedies and penalties available
under any other law, and a suit for the recovery of one remedy or
penalty does not bar or affect the recovery of any other remedy,
penalty, or forfeiture or bar any criminal prosecution against any
person or corporation, or any officer, director, agent or employee
thereof, or any other corporation or person, or bar the exercise by
the commission of its power to punish for contempt.
5317. (a) In addition to the remedies provided in Sections 688.020
and 688.030 of the Code of Civil Procedure, actions to recover
penalties under this chapter may be brought in the name of the people
of the State of California, in the superior court of the county, or
city and county, in which the cause or some part thereof arose, or in
which the corporation complained of, if any, has its principal place
of business, or in which the person, if any, complained of, resides.
The action, if brought pursuant to this section, shall be commenced
and prosecuted to final judgment by the attorney of the commission.
The commission may enjoin the sale of the assets of a household goods
carrier to satisfy unpaid fines and penalties. The commission may
use any of the remedies afforded to a creditor under the Uniform
Fraudulent Transfer Act (Chapter 1 (commencing with Section 3439) of
Title 2 of Part 2 of Division 4 of the Civil Code). Respondents who
fraudulently transfer assets to avoid paying commission-imposed fines
or penalties are subject to prosecution pursuant to Sections 154,
531, and 531a of the Penal Code. (b) This section shall remain in
effect only until January 1, 2014, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2014, deletes or extends that date.
5317. (a) Actions to recover penalties under this chapter shall be
brought in the name of the people of the State of California, in the
superior court of the county, or city and county, in which the cause
or some part thereof arose, or in which the corporation complained
of, if any, has its principal place of business, or in which the
person, if any, complained of, resides. The action shall be commenced
and prosecuted to final judgment by the attorney of the commission.
(b) This section shall become operative on January 1, 2014.
5317.5. The commission shall ensure that this chapter is enforced
and obeyed, and that violations thereof are promptly prosecuted and
penalties due the state therefor recovered and collected, and to this
end it may sue in the name of the people of the State of California.
Upon the request of the commission, the Attorney General or the
district attorney of the proper county or city and county may aid in
any investigation, hearing, or trial had under this chapter. The
Attorney General, a district attorney of the proper county or city
and county, or a city attorney may institute and prosecute actions or
proceedings for the violation of any law committed in connection
with, or arising from, a transaction involving the transportation of
household goods and personal effects.
5318. In any such action, all penalties incurred up to the time of
the commencement of the action may be sued for and recovered. In all
such actions, the procedure and rules of evidence shall be the same
as in ordinary civil actions.
5319. All penalties recovered by the State in any action pursuant
to this chapter, together with the costs thereof, shall be paid into
the State Treasury to the credit of the General Fund. Any such action
may be compromised or discontinued on application of the commission
upon such terms as the court approves and orders.
5320. Whenever a written notice to appear has been mailed to the
owner of a household goods carrier motor vehicle, an exact and
legible duplicate copy of the notice, when filed with the magistrate
in lieu of a verified complaint, is a complaint to which the
defendant may plead guilty.
If, however, the defendant fails to appear, does not deposit bail,
or pleads other than guilty to the offense charged, a complaint
shall be filed which conforms to Chapter 2 (commencing with Section
948) of Title 5 of Part 2 of the Penal Code and which shall be deemed
to be an original complaint, and thereafter the proceeding shall be
held as provided by law, except that the defendant may, by an
agreement in writing, subscribed by the defendant and filed with the
court, waive the filing of a verified complaint and elect that the
prosecution may proceed upon a written notice to appear.
5322. (a) The Legislature finds and declares that advertisement and
use of telephone service is essential for household goods carriers
to obtain business and conduct intrastate moving services. The
unlawful advertisement by unlicensed household goods carriers has
required properly licensed and regulated household goods carriers to
compete with unlicensed household goods carriers using unfair
business practices. Unlicensed household goods carriers have also
exposed citizens of the State of California to unscrupulous persons
who portray themselves as properly licensed, qualified, and insured
household goods carriers. Many of these unlicensed household goods
carriers have been found to have perpetrated acts of theft, fraud,
and dishonesty upon unsuspecting citizens of the State of California.
(b) (1) The Legislature finds and declares that the termination of
telephone service utilized by unlicensed household goods carriers is
essential to ensure the public safety and welfare. Therefore, the
commission should take enforcement action as specified in this
section to disconnect telephone service of unlicensed household goods
carriers who unlawfully advertise moving services in yellow page
directories and other publications. The enforcement action provided
for by this section is consistent with the decision of the Supreme
Court of the State of California in Goldin, et al. v. Public
Utilities Commission et al., 23 Cal. 3d 638.
(2) For purposes of this section, a telephone utility, or a
corporation that holds a controlling interest in the telephone
utility, or any business that is a subsidiary or affiliate of the
telephone utility, that has the name and address of the subscriber to
a telephone number being used by an unlicensed household goods
carrier shall provide the commission, or an authorized official of
the commission, upon demand, and the order of a magistrate, access to
this information. A magistrate may only issue an order, for the
purposes of this subdivision, when the magistrate has made the
findings required by subdivision (c).
(c) Any telephone utility operating under the jurisdiction of the
commission shall refuse telephone service to a new customer and shall
disconnect telephone service of an existing customer only after it
is shown that other available enforcement remedies of the commission
have failed to terminate unlawful activities detrimental to the
public welfare and safety, and upon receipt from any authorized
official of the commission of a writing, signed by a magistrate, as
defined by Sections 807 and 808 of the Penal Code, finding that
probable cause exists to believe that the customer is advertising or
holding out to the public to perform, or is performing, household
goods carrier services without having in force a permit issued by the
commission authorizing those services, or that the telephone service
otherwise is being used or is to be used as an instrumentality,
directly or indirectly, to violate or to assist in violation of the
laws requiring a household goods carrier permit. Included in the
writing of the magistrate shall be a finding that there is probable
cause to believe that the subject telephone facilities have been or
are to be used in the commission or facilitation of holding out to
the public to perform, or in performing, household goods carrier
services without having in force a permit issued by the commission
authorizing those services, and that, absent immediate and summary
action, a danger to public welfare or safety will result.
(d) Any person aggrieved by any action taken pursuant to this
section shall have the right to file a complaint with the commission
and may include therein a request for interim relief. The commission
shall schedule a public hearing on the complaint to be held within 21
calendar days of the filing and assignment of a docket number to the
complaint. The remedy provided by this section shall be exclusive.
No other action at law or in equity shall accrue against any
telephone utility because of, or as a result of, any matter or thing
done or threatened to be done pursuant to this section.
(e) At any hearing on complaint pursuant to subdivision (d), the
commission staff shall have the right to participate, including the
right to present evidence and argument and to present and
cross-examine witnesses. The commission staff shall have both the
burden of providing that the use made or to be made of the telephone
service is to hold out to the public to perform, or to assist in
performing, services as a household goods carrier, or that the
telephone service is being or is to be used as an instrumentality,
directly or indirectly, to violate or to assist in violation of the
licensing laws as applicable to household goods carriers and that the
character of the acts is such that, absent immediate and summary
action, a danger to public welfare or safety will result, and the
burden of persuading the commission that the telephone services
should be refused or should not be restored.
(f) The telephone utility, immediately upon refusal or
disconnection of service in accordance with subdivision (c), shall
notify the customer or subscriber in writing that the refusal or
disconnection of telephone service has been made pursuant to a
request of the commission and the writing of a magistrate, and shall
include with the notice a copy of this section, a copy of the writing
of the magistrate, and a statement that the customer or subscriber
may request information from the commission at its San Francisco or
Los Angeles office concerning any provision of this section and the
manner in which a complaint may be filed.
(g) Each contract for telephone service, by operation of law,
shall be deemed to contain the provisions of this section. The
provisions shall be deemed to be a part of any application for
telephone service. Applicants and customers for telephone service
shall be deemed to have consented to the provisions of this section
as a consideration for the furnishing of the service.
(h) The terms "person," "customer," and "subscriber," as used in
this section, include a subscriber to telephone service, an applicant
for that service, a corporation, a company, a partnership, an
association, and an individual.
(i) The term "telephone utility," as used in this section,
includes a "telephone corporation" and a "telegraph corporation," as
defined in Division 1 (commencing with Section 201).
(j) The term "authorized official," as used in this section,
includes the Executive Director of the Public Utilities Commission or
any commission employee designated pursuant to paragraph (5) of
subdivision (a) of Section 830.11 of the Penal Code.
5311. (a) Every household goods carrier and every officer,
director, agent, or employee of any household goods carrier who
violates or who fails to comply with, or who procures, aids, or abets
any violation by any household goods carrier of any provision of
this chapter, or who fails to obey, observe, or comply with any
order, decision, rule, regulation, direction, demand, or requirement
of the commission, or of any operating permit issued to any household
goods carrier, or who procures, aids, or abets any household goods
carrier in its failure to obey, observe, or comply with any such
order, decision, rule, regulation, direction, demand, requirement, or
operating permit, is guilty of a misdemeanor, and is punishable by
fine of not more than one thousand dollars ($1,000) or by
imprisonment in the county jail for not more than three months, or
both. If a violation is willful, each willful violation is punishable
by fine of not more than ten thousand dollars ($10,000) or by
imprisonment in the county jail for not more than one year, or both.
(b) Any person who violates subdivision (a) of Section 5133, is
guilty of a misdemeanor, and is punishable by fine of not more than
ten thousand dollars ($10,000), by imprisonment in the county jail
for not more than one year, or both, for each violation.
5311.3. Every household goods carrier, and every officer, director,
agent, or employee of a household goods carrier, who displays on any
vehicle any identifying symbol other than one prescribed by the
commission pursuant to Section 5132 or who fails to remove an
identifying symbol when required by the commission, is guilty of a
misdemeanor and is punishable by a fine of not more than one thousand
dollars ($1,000), by imprisonment in the county jail for not more
than one year, or by both.
5312. Every corporation or person other than a household goods
carrier, who knowingly and willfully, either individually, or acting
as an officer, agent, or employee of a corporation, copartnership, or
any other person other than a household goods carrier, violates any
provision of this chapter or fails to observe, obey, or comply with
any order, decision, rule, regulation, direction, demand, or
requirement of the commission, or who procures, aids, or abets any
household goods carrier in its violation of this chapter, or in its
failure to obey, observe, or comply with any such order, decision,
rule, regulation, direction, demand, or requirement, is guilty of a
misdemeanor, and is punishable by a fine of not more than one
thousand dollars ($1,000) or by imprisonment in the county jail for
not more than three months, or both.
5313. Every household goods carrier and every officer, director,
agent, or employee of any household goods carrier who violates or who
fails to comply with, or who procures, aids, or abets, any violation
by any household goods carrier of any provision of this chapter, or
who fails to obey, observe, or comply with any order, decision, rule,
regulation, direction, demand, or requirement of the commission, or
of any operating permit issued to any household goods carrier, or who
procures, aids, or abets any household goods carrier in its failure
to obey, observe, or comply with any such order, decision, rule,
regulation, direction, demand, requirement, or operating permit, is
subject to a penalty of not more than five hundred dollars ($500) for
each offense.
5313.5. Whenever the commission, after hearing, finds that any
person or corporation is operating as a household goods carrier
without a valid permit, or is holding itself out as such a carrier
without a valid permit in contravention of Section 5314.5, the
commission may impose a fine of not more than five thousand dollars
($5,000) for each violation. The commission may assess the person or
corporation an amount sufficient to cover the reasonable expense of
investigation incurred by the commission. The commission may also
assess interest on any fine or assessment imposed, to commence on the
day the payment of the fine or assessment becomes delinquent. All
fines, assessments, and interest collected shall be deposited at
least once each month in the General Fund.
5314. Every corporation or person other than a household goods
carrier who knowingly and wilfully, either individually, or acting as
an officer, agent, or employee of a corporation, copartnership, or
any other person other than a household goods carrier, violates any
provision of this chapter or fails to observe, obey, or comply with
any order, decision, rule, regulation, direction, demand, or
requirement of the commission, or who procures, aids, or abets any
household goods carrier in its violation of this chapter, or in its
failure to obey, observe, or comply with any such order, decision,
rule, regulation, direction, demand, or requirement, is subject to a
penalty of not more than five hundred dollars ($500) for each
offense.
5314.5. Every corporation or person who knowingly and willfully
issues, publishes, or affixes, or causes or permits the issuance,
publishing, or affixing, of any oral or written advertisement,
broadcast, or other holding out to the public, or any portion
thereof, that the corporation or person is in operation as a
household goods carrier without having a valid permit issued under
this chapter is guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000).
5314.6. Every household goods carrier and every officer, director,
agent, or employee of a household goods carrier who knowingly and
willfully makes a false statement of the carrier's gross operating
revenues in order to underpay the commission's reimbursement fees is
guilty of a misdemeanor.
5315. Every violation of the provisions of this chapter or of any
order, decision, decree, rule, direction, demand, or requirement of
the commission by any corporation or person is a separate and
distinct offense, and in case of a continuing violation each day's
continuance thereof is a separate and distinct offense.
5316. All remedies and penalties accruing under this chapter are
cumulative to each other and to the remedies and penalties available
under any other law, and a suit for the recovery of one remedy or
penalty does not bar or affect the recovery of any other remedy,
penalty, or forfeiture or bar any criminal prosecution against any
person or corporation, or any officer, director, agent or employee
thereof, or any other corporation or person, or bar the exercise by
the commission of its power to punish for contempt.
5317. (a) In addition to the remedies provided in Sections 688.020
and 688.030 of the Code of Civil Procedure, actions to recover
penalties under this chapter may be brought in the name of the people
of the State of California, in the superior court of the county, or
city and county, in which the cause or some part thereof arose, or in
which the corporation complained of, if any, has its principal place
of business, or in which the person, if any, complained of, resides.
The action, if brought pursuant to this section, shall be commenced
and prosecuted to final judgment by the attorney of the commission.
The commission may enjoin the sale of the assets of a household goods
carrier to satisfy unpaid fines and penalties. The commission may
use any of the remedies afforded to a creditor under the Uniform
Fraudulent Transfer Act (Chapter 1 (commencing with Section 3439) of
Title 2 of Part 2 of Division 4 of the Civil Code). Respondents who
fraudulently transfer assets to avoid paying commission-imposed fines
or penalties are subject to prosecution pursuant to Sections 154,
531, and 531a of the Penal Code. (b) This section shall remain in
effect only until January 1, 2014, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2014, deletes or extends that date.
5317. (a) Actions to recover penalties under this chapter shall be
brought in the name of the people of the State of California, in the
superior court of the county, or city and county, in which the cause
or some part thereof arose, or in which the corporation complained
of, if any, has its principal place of business, or in which the
person, if any, complained of, resides. The action shall be commenced
and prosecuted to final judgment by the attorney of the commission.
(b) This section shall become operative on January 1, 2014.
5317.5. The commission shall ensure that this chapter is enforced
and obeyed, and that violations thereof are promptly prosecuted and
penalties due the state therefor recovered and collected, and to this
end it may sue in the name of the people of the State of California.
Upon the request of the commission, the Attorney General or the
district attorney of the proper county or city and county may aid in
any investigation, hearing, or trial had under this chapter. The
Attorney General, a district attorney of the proper county or city
and county, or a city attorney may institute and prosecute actions or
proceedings for the violation of any law committed in connection
with, or arising from, a transaction involving the transportation of
household goods and personal effects.
5318. In any such action, all penalties incurred up to the time of
the commencement of the action may be sued for and recovered. In all
such actions, the procedure and rules of evidence shall be the same
as in ordinary civil actions.
5319. All penalties recovered by the State in any action pursuant
to this chapter, together with the costs thereof, shall be paid into
the State Treasury to the credit of the General Fund. Any such action
may be compromised or discontinued on application of the commission
upon such terms as the court approves and orders.
5320. Whenever a written notice to appear has been mailed to the
owner of a household goods carrier motor vehicle, an exact and
legible duplicate copy of the notice, when filed with the magistrate
in lieu of a verified complaint, is a complaint to which the
defendant may plead guilty.
If, however, the defendant fails to appear, does not deposit bail,
or pleads other than guilty to the offense charged, a complaint
shall be filed which conforms to Chapter 2 (commencing with Section
948) of Title 5 of Part 2 of the Penal Code and which shall be deemed
to be an original complaint, and thereafter the proceeding shall be
held as provided by law, except that the defendant may, by an
agreement in writing, subscribed by the defendant and filed with the
court, waive the filing of a verified complaint and elect that the
prosecution may proceed upon a written notice to appear.
5322. (a) The Legislature finds and declares that advertisement and
use of telephone service is essential for household goods carriers
to obtain business and conduct intrastate moving services. The
unlawful advertisement by unlicensed household goods carriers has
required properly licensed and regulated household goods carriers to
compete with unlicensed household goods carriers using unfair
business practices. Unlicensed household goods carriers have also
exposed citizens of the State of California to unscrupulous persons
who portray themselves as properly licensed, qualified, and insured
household goods carriers. Many of these unlicensed household goods
carriers have been found to have perpetrated acts of theft, fraud,
and dishonesty upon unsuspecting citizens of the State of California.
(b) (1) The Legislature finds and declares that the termination of
telephone service utilized by unlicensed household goods carriers is
essential to ensure the public safety and welfare. Therefore, the
commission should take enforcement action as specified in this
section to disconnect telephone service of unlicensed household goods
carriers who unlawfully advertise moving services in yellow page
directories and other publications. The enforcement action provided
for by this section is consistent with the decision of the Supreme
Court of the State of California in Goldin, et al. v. Public
Utilities Commission et al., 23 Cal. 3d 638.
(2) For purposes of this section, a telephone utility, or a
corporation that holds a controlling interest in the telephone
utility, or any business that is a subsidiary or affiliate of the
telephone utility, that has the name and address of the subscriber to
a telephone number being used by an unlicensed household goods
carrier shall provide the commission, or an authorized official of
the commission, upon demand, and the order of a magistrate, access to
this information. A magistrate may only issue an order, for the
purposes of this subdivision, when the magistrate has made the
findings required by subdivision (c).
(c) Any telephone utility operating under the jurisdiction of the
commission shall refuse telephone service to a new customer and shall
disconnect telephone service of an existing customer only after it
is shown that other available enforcement remedies of the commission
have failed to terminate unlawful activities detrimental to the
public welfare and safety, and upon receipt from any authorized
official of the commission of a writing, signed by a magistrate, as
defined by Sections 807 and 808 of the Penal Code, finding that
probable cause exists to believe that the customer is advertising or
holding out to the public to perform, or is performing, household
goods carrier services without having in force a permit issued by the
commission authorizing those services, or that the telephone service
otherwise is being used or is to be used as an instrumentality,
directly or indirectly, to violate or to assist in violation of the
laws requiring a household goods carrier permit. Included in the
writing of the magistrate shall be a finding that there is probable
cause to believe that the subject telephone facilities have been or
are to be used in the commission or facilitation of holding out to
the public to perform, or in performing, household goods carrier
services without having in force a permit issued by the commission
authorizing those services, and that, absent immediate and summary
action, a danger to public welfare or safety will result.
(d) Any person aggrieved by any action taken pursuant to this
section shall have the right to file a complaint with the commission
and may include therein a request for interim relief. The commission
shall schedule a public hearing on the complaint to be held within 21
calendar days of the filing and assignment of a docket number to the
complaint. The remedy provided by this section shall be exclusive.
No other action at law or in equity shall accrue against any
telephone utility because of, or as a result of, any matter or thing
done or threatened to be done pursuant to this section.
(e) At any hearing on complaint pursuant to subdivision (d), the
commission staff shall have the right to participate, including the
right to present evidence and argument and to present and
cross-examine witnesses. The commission staff shall have both the
burden of providing that the use made or to be made of the telephone
service is to hold out to the public to perform, or to assist in
performing, services as a household goods carrier, or that the
telephone service is being or is to be used as an instrumentality,
directly or indirectly, to violate or to assist in violation of the
licensing laws as applicable to household goods carriers and that the
character of the acts is such that, absent immediate and summary
action, a danger to public welfare or safety will result, and the
burden of persuading the commission that the telephone services
should be refused or should not be restored.
(f) The telephone utility, immediately upon refusal or
disconnection of service in accordance with subdivision (c), shall
notify the customer or subscriber in writing that the refusal or
disconnection of telephone service has been made pursuant to a
request of the commission and the writing of a magistrate, and shall
include with the notice a copy of this section, a copy of the writing
of the magistrate, and a statement that the customer or subscriber
may request information from the commission at its San Francisco or
Los Angeles office concerning any provision of this section and the
manner in which a complaint may be filed.
(g) Each contract for telephone service, by operation of law,
shall be deemed to contain the provisions of this section. The
provisions shall be deemed to be a part of any application for
telephone service. Applicants and customers for telephone service
shall be deemed to have consented to the provisions of this section
as a consideration for the furnishing of the service.
(h) The terms "person," "customer," and "subscriber," as used in
this section, include a subscriber to telephone service, an applicant
for that service, a corporation, a company, a partnership, an
association, and an individual.
(i) The term "telephone utility," as used in this section,
includes a "telephone corporation" and a "telegraph corporation," as
defined in Division 1 (commencing with Section 201).
(j) The term "authorized official," as used in this section,
includes the Executive Director of the Public Utilities Commission or
any commission employee designated pursuant to paragraph (5) of
subdivision (a) of Section 830.11 of the Penal Code.
5311. (a) Every household goods carrier and every officer,
director, agent, or employee of any household goods carrier who
violates or who fails to comply with, or who procures, aids, or abets
any violation by any household goods carrier of any provision of
this chapter, or who fails to obey, observe, or comply with any
order, decision, rule, regulation, direction, demand, or requirement
of the commission, or of any operating permit issued to any household
goods carrier, or who procures, aids, or abets any household goods
carrier in its failure to obey, observe, or comply with any such
order, decision, rule, regulation, direction, demand, requirement, or
operating permit, is guilty of a misdemeanor, and is punishable by
fine of not more than one thousand dollars ($1,000) or by
imprisonment in the county jail for not more than three months, or
both. If a violation is willful, each willful violation is punishable
by fine of not more than ten thousand dollars ($10,000) or by
imprisonment in the county jail for not more than one year, or both.
(b) Any person who violates subdivision (a) of Section 5133, is
guilty of a misdemeanor, and is punishable by fine of not more than
ten thousand dollars ($10,000), by imprisonment in the county jail
for not more than one year, or both, for each violation.
5311.3. Every household goods carrier, and every officer, director,
agent, or employee of a household goods carrier, who displays on any
vehicle any identifying symbol other than one prescribed by the
commission pursuant to Section 5132 or who fails to remove an
identifying symbol when required by the commission, is guilty of a
misdemeanor and is punishable by a fine of not more than one thousand
dollars ($1,000), by imprisonment in the county jail for not more
than one year, or by both.
5312. Every corporation or person other than a household goods
carrier, who knowingly and willfully, either individually, or acting
as an officer, agent, or employee of a corporation, copartnership, or
any other person other than a household goods carrier, violates any
provision of this chapter or fails to observe, obey, or comply with
any order, decision, rule, regulation, direction, demand, or
requirement of the commission, or who procures, aids, or abets any
household goods carrier in its violation of this chapter, or in its
failure to obey, observe, or comply with any such order, decision,
rule, regulation, direction, demand, or requirement, is guilty of a
misdemeanor, and is punishable by a fine of not more than one
thousand dollars ($1,000) or by imprisonment in the county jail for
not more than three months, or both.
5313. Every household goods carrier and every officer, director,
agent, or employee of any household goods carrier who violates or who
fails to comply with, or who procures, aids, or abets, any violation
by any household goods carrier of any provision of this chapter, or
who fails to obey, observe, or comply with any order, decision, rule,
regulation, direction, demand, or requirement of the commission, or
of any operating permit issued to any household goods carrier, or who
procures, aids, or abets any household goods carrier in its failure
to obey, observe, or comply with any such order, decision, rule,
regulation, direction, demand, requirement, or operating permit, is
subject to a penalty of not more than five hundred dollars ($500) for
each offense.
5313.5. Whenever the commission, after hearing, finds that any
person or corporation is operating as a household goods carrier
without a valid permit, or is holding itself out as such a carrier
without a valid permit in contravention of Section 5314.5, the
commission may impose a fine of not more than five thousand dollars
($5,000) for each violation. The commission may assess the person or
corporation an amount sufficient to cover the reasonable expense of
investigation incurred by the commission. The commission may also
assess interest on any fine or assessment imposed, to commence on the
day the payment of the fine or assessment becomes delinquent. All
fines, assessments, and interest collected shall be deposited at
least once each month in the General Fund.
5314. Every corporation or person other than a household goods
carrier who knowingly and wilfully, either individually, or acting as
an officer, agent, or employee of a corporation, copartnership, or
any other person other than a household goods carrier, violates any
provision of this chapter or fails to observe, obey, or comply with
any order, decision, rule, regulation, direction, demand, or
requirement of the commission, or who procures, aids, or abets any
household goods carrier in its violation of this chapter, or in its
failure to obey, observe, or comply with any such order, decision,
rule, regulation, direction, demand, or requirement, is subject to a
penalty of not more than five hundred dollars ($500) for each
offense.
5314.5. Every corporation or person who knowingly and willfully
issues, publishes, or affixes, or causes or permits the issuance,
publishing, or affixing, of any oral or written advertisement,
broadcast, or other holding out to the public, or any portion
thereof, that the corporation or person is in operation as a
household goods carrier without having a valid permit issued under
this chapter is guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000).
5314.6. Every household goods carrier and every officer, director,
agent, or employee of a household goods carrier who knowingly and
willfully makes a false statement of the carrier's gross operating
revenues in order to underpay the commission's reimbursement fees is
guilty of a misdemeanor.
5315. Every violation of the provisions of this chapter or of any
order, decision, decree, rule, direction, demand, or requirement of
the commission by any corporation or person is a separate and
distinct offense, and in case of a continuing violation each day's
continuance thereof is a separate and distinct offense.
5316. All remedies and penalties accruing under this chapter are
cumulative to each other and to the remedies and penalties available
under any other law, and a suit for the recovery of one remedy or
penalty does not bar or affect the recovery of any other remedy,
penalty, or forfeiture or bar any criminal prosecution against any
person or corporation, or any officer, director, agent or employee
thereof, or any other corporation or person, or bar the exercise by
the commission of its power to punish for contempt.
5317. (a) In addition to the remedies provided in Sections 688.020
and 688.030 of the Code of Civil Procedure, actions to recover
penalties under this chapter may be brought in the name of the people
of the State of California, in the superior court of the county, or
city and county, in which the cause or some part thereof arose, or in
which the corporation complained of, if any, has its principal place
of business, or in which the person, if any, complained of, resides.
The action, if brought pursuant to this section, shall be commenced
and prosecuted to final judgment by the attorney of the commission.
The commission may enjoin the sale of the assets of a household goods
carrier to satisfy unpaid fines and penalties. The commission may
use any of the remedies afforded to a creditor under the Uniform
Fraudulent Transfer Act (Chapter 1 (commencing with Section 3439) of
Title 2 of Part 2 of Division 4 of the Civil Code). Respondents who
fraudulently transfer assets to avoid paying commission-imposed fines
or penalties are subject to prosecution pursuant to Sections 154,
531, and 531a of the Penal Code. (b) This section shall remain in
effect only until January 1, 2014, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2014, deletes or extends that date.
5317. (a) Actions to recover penalties under this chapter shall be
brought in the name of the people of the State of California, in the
superior court of the county, or city and county, in which the cause
or some part thereof arose, or in which the corporation complained
of, if any, has its principal place of business, or in which the
person, if any, complained of, resides. The action shall be commenced
and prosecuted to final judgment by the attorney of the commission.
(b) This section shall become operative on January 1, 2014.
5317.5. The commission shall ensure that this chapter is enforced
and obeyed, and that violations thereof are promptly prosecuted and
penalties due the state therefor recovered and collected, and to this
end it may sue in the name of the people of the State of California.
Upon the request of the commission, the Attorney General or the
district attorney of the proper county or city and county may aid in
any investigation, hearing, or trial had under this chapter. The
Attorney General, a district attorney of the proper county or city
and county, or a city attorney may institute and prosecute actions or
proceedings for the violation of any law committed in connection
with, or arising from, a transaction involving the transportation of
household goods and personal effects.
5318. In any such action, all penalties incurred up to the time of
the commencement of the action may be sued for and recovered. In all
such actions, the procedure and rules of evidence shall be the same
as in ordinary civil actions.
5319. All penalties recovered by the State in any action pursuant
to this chapter, together with the costs thereof, shall be paid into
the State Treasury to the credit of the General Fund. Any such action
may be compromised or discontinued on application of the commission
upon such terms as the court approves and orders.
5320. Whenever a written notice to appear has been mailed to the
owner of a household goods carrier motor vehicle, an exact and
legible duplicate copy of the notice, when filed with the magistrate
in lieu of a verified complaint, is a complaint to which the
defendant may plead guilty.
If, however, the defendant fails to appear, does not deposit bail,
or pleads other than guilty to the offense charged, a complaint
shall be filed which conforms to Chapter 2 (commencing with Section
948) of Title 5 of Part 2 of the Penal Code and which shall be deemed
to be an original complaint, and thereafter the proceeding shall be
held as provided by law, except that the defendant may, by an
agreement in writing, subscribed by the defendant and filed with the
court, waive the filing of a verified complaint and elect that the
prosecution may proceed upon a written notice to appear.
5322. (a) The Legislature finds and declares that advertisement and
use of telephone service is essential for household goods carriers
to obtain business and conduct intrastate moving services. The
unlawful advertisement by unlicensed household goods carriers has
required properly licensed and regulated household goods carriers to
compete with unlicensed household goods carriers using unfair
business practices. Unlicensed household goods carriers have also
exposed citizens of the State of California to unscrupulous persons
who portray themselves as properly licensed, qualified, and insured
household goods carriers. Many of these unlicensed household goods
carriers have been found to have perpetrated acts of theft, fraud,
and dishonesty upon unsuspecting citizens of the State of California.
(b) (1) The Legislature finds and declares that the termination of
telephone service utilized by unlicensed household goods carriers is
essential to ensure the public safety and welfare. Therefore, the
commission should take enforcement action as specified in this
section to disconnect telephone service of unlicensed household goods
carriers who unlawfully advertise moving services in yellow page
directories and other publications. The enforcement action provided
for by this section is consistent with the decision of the Supreme
Court of the State of California in Goldin, et al. v. Public
Utilities Commission et al., 23 Cal. 3d 638.
(2) For purposes of this section, a telephone utility, or a
corporation that holds a controlling interest in the telephone
utility, or any business that is a subsidiary or affiliate of the
telephone utility, that has the name and address of the subscriber to
a telephone number being used by an unlicensed household goods
carrier shall provide the commission, or an authorized official of
the commission, upon demand, and the order of a magistrate, access to
this information. A magistrate may only issue an order, for the
purposes of this subdivision, when the magistrate has made the
findings required by subdivision (c).
(c) Any telephone utility operating under the jurisdiction of the
commission shall refuse telephone service to a new customer and shall
disconnect telephone service of an existing customer only after it
is shown that other available enforcement remedies of the commission
have failed to terminate unlawful activities detrimental to the
public welfare and safety, and upon receipt from any authorized
official of the commission of a writing, signed by a magistrate, as
defined by Sections 807 and 808 of the Penal Code, finding that
probable cause exists to believe that the customer is advertising or
holding out to the public to perform, or is performing, household
goods carrier services without having in force a permit issued by the
commission authorizing those services, or that the telephone service
otherwise is being used or is to be used as an instrumentality,
directly or indirectly, to violate or to assist in violation of the
laws requiring a household goods carrier permit. Included in the
writing of the magistrate shall be a finding that there is probable
cause to believe that the subject telephone facilities have been or
are to be used in the commission or facilitation of holding out to
the public to perform, or in performing, household goods carrier
services without having in force a permit issued by the commission
authorizing those services, and that, absent immediate and summary
action, a danger to public welfare or safety will result.
(d) Any person aggrieved by any action taken pursuant to this
section shall have the right to file a complaint with the commission
and may include therein a request for interim relief. The commission
shall schedule a public hearing on the complaint to be held within 21
calendar days of the filing and assignment of a docket number to the
complaint. The remedy provided by this section shall be exclusive.
No other action at law or in equity shall accrue against any
telephone utility because of, or as a result of, any matter or thing
done or threatened to be done pursuant to this section.
(e) At any hearing on complaint pursuant to subdivision (d), the
commission staff shall have the right to participate, including the
right to present evidence and argument and to present and
cross-examine witnesses. The commission staff shall have both the
burden of providing that the use made or to be made of the telephone
service is to hold out to the public to perform, or to assist in
performing, services as a household goods carrier, or that the
telephone service is being or is to be used as an instrumentality,
directly or indirectly, to violate or to assist in violation of the
licensing laws as applicable to household goods carriers and that the
character of the acts is such that, absent immediate and summary
action, a danger to public welfare or safety will result, and the
burden of persuading the commission that the telephone services
should be refused or should not be restored.
(f) The telephone utility, immediately upon refusal or
disconnection of service in accordance with subdivision (c), shall
notify the customer or subscriber in writing that the refusal or
disconnection of telephone service has been made pursuant to a
request of the commission and the writing of a magistrate, and shall
include with the notice a copy of this section, a copy of the writing
of the magistrate, and a statement that the customer or subscriber
may request information from the commission at its San Francisco or
Los Angeles office concerning any provision of this section and the
manner in which a complaint may be filed.
(g) Each contract for telephone service, by operation of law,
shall be deemed to contain the provisions of this section. The
provisions shall be deemed to be a part of any application for
telephone service. Applicants and customers for telephone service
shall be deemed to have consented to the provisions of this section
as a consideration for the furnishing of the service.
(h) The terms "person," "customer," and "subscriber," as used in
this section, include a subscriber to telephone service, an applicant
for that service, a corporation, a company, a partnership, an
association, and an individual.
(i) The term "telephone utility," as used in this section,
includes a "telephone corporation" and a "telegraph corporation," as
defined in Division 1 (commencing with Section 201).
(j) The term "authorized official," as used in this section,
includes the Executive Director of the Public Utilities Commission or
any commission employee designated pursuant to paragraph (5) of
subdivision (a) of Section 830.11 of the Penal Code.
