[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26223]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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FEDERAL MARITIME COMMISSION
[Docket No. 94-22]
Shirley R. Knull and Frances E. Mincer, Doing Business as All
Freight International; Order of Investigation and Hearing
Shirley R. Knull and Frances E. Mincer have been doing business as
All Freight International, pursuant to a fictitious business name filed
with Los Angeles County in February 1991. It appears that subsequent to
October 1991, Shirley R. Knull and Francis E. Mincer, as All Freight
International, dispatched or handled over 800 shipments of rags, waste
materials and other goods in the foreign commerce of the United States.
It also appears that Ms. Knull and Ms. Mincer, as All Freight
International, booked or otherwise arranged space for the shipments
with ocean common carriers and processed corresponding shipping
documents, such as bills of lading and export declarations. It further
appears that All Freight International invoices for freight forwarder
compensation were submitted to various ocean common carriers,
identifying All Freight as the holder of Federal Maritime Commission
freight forwarder license No. 7826 and customshouse broker license No.
11472. It also appears the checks issued by common carriers pursuant to
such invoices for freight forwarder compensation were endorsed by Ms.
Mincer and deposited to the bank account maintained under the trade
name of All Freight International and Ms. Mincer.
Section 19(a) of the Shipping Act of 1984 (``1984 Act''), 46 U.S.C.
app. Sec. 1718(a), prohibits any person from acting as an ocean freight
forwarder unless that person holds a license issued by the Federal
Maritime Commission (``Commission'' or ``FMC'').\1\ Neither Ms. Knull
nor Ms. Mincer was licensed individually by the Commission as an ocean
freight forwarder. In addition, according to a review of records
maintained by the Commission's Office of Freight Forwarders, the
Commission has never issued FMC freight forwarder license No. 7826.
Therefore, Ms. Knull and Ms. Mincer, both doing business as All Freight
International, may have acted in the capacity of an unlicensed ocean
freight forwarder, in violation of section 19(a) of the 1984 Act.
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\1\An ocean freight forwarder is defined in section 3(19) of the
1984 Act, 46 U.S.C. app. Sec. 1702(19), as a person in the United
States that--
(A) dispatches shipments from the United States via common
carriers and books or otherwise arranges space for those shipments
on behalf of shippers; and
(B) processes the documentation or performs related activities
incident to those shipments.
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Now therefore, it is ordered, That pursuant to sections 11, 13, and
19 of the 1984 Act, 46 U.S.C. app. Secs. 1710, 1712, and 1718, an
investigation is instituted to determine:
(1) Whether Shirley R. Knull and Francis E. Mincer, doing business
as All Freight International, jointly or severally, violated section
19(a) of the 1984 Act by acting as an ocean freight forwarder without a
license issued by the Commission;
(2) Whether, in the event violations of sections 19(a) of the 1984
Act are found, civil penalties should be assessed and, if so, the
amount of such penalties; and
(3) Whether, in the event violations are found, an appropriate
cease and desist order should be issued.
It is further ordered, That a public hearing be held in this
proceeding and that this matter be assigned for hearing before an
Administrative Law Judge of the Commission's Office of Administrative
Law Judges at a date and place to be hereafter determined by the
Administrative Law Judge in compliance with Rule 61 of the Commission's
Rules of Practice and Procedure, 46 C.F.R. Sec. 502.61. The hearing
shall include oral testimony and cross-examination in the discretion of
the Presiding Administrative Law Judge only after consideration has
been given by the parties and the Presiding Administrative Law Judge to
the use of alternative forms of dispute resolution, and upon a proper
showing that there are genuine issues of material fact that cannot be
resolved on the basis of sworn statements, affidavits, depositions, or
other documents or that the nature of the matters in issue is such that
an oral hearing and cross-examination are necessary for the development
of an adequate record;
It is further ordered, That Shirley R. Knull and Francis E. Mincer
are designated respondents in this proceeding;
It is further ordered, That the Commission's Bureau of Hearing
Counsel is designated a party to this proceeding;
It is further ordered, That notice of this Order be published in
the Federal Register, and a copy be served on parties of record;
It is further ordered, That other persons having an interest in
participating in this proceeding may file petitions for leave to
intervene in accordance with Rule 72 of the Commission's Rules of
Practice and Procedure, 46 C.F.R. Sec. 502.72;
It is further ordered, That all further notices, orders, and/or
decisions issued by or on behalf of the Commission in this proceeding,
including notice of the time and place of hearing or prehearing
conference, shall be served on parties of record;
It is further ordered, That all documents submitted by any party of
record in this proceeding shall be directed to the Secretary, Federal
Maritime Commission, Washington, D.C. 20573, in accordance with Rule
118 of the Commission's Rules of Practice and Procedure, 46 C.F.R.
Sec. 502.118, and shall be served on parties of record;
It is further ordered, That in accordance with Rule 61 of the
Commission's Rules of Practice and Procedure, the initial decision of
the Administrative Law Judge shall be issued by October 18, 1995 and
the final decision of the Commission shall be issued by February 19,
1996.
Joseph C. Polking,
Secretary.
[FR Doc. 94-26223 Filed 10-21-94; 8:45 am]
BILLING CODE 6730-01-M
