[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