DEPARTMENT OF TRANSPORTATION . a'a?z 51.: 4.4.1. August 22, 2014 Bronson Miller Twin Spruce Auto 134 Blue Ball Rd New Park, PA 17352 RE: Court Order Court Of COmmon Pleas Of York County Dear Station Representative: In Compliance with the Order of the above referenced Court, dated August 21, 2014, the suspension of your safety inspection station privileges has been af?rmed. In accordance with this decision, you are hereby suspended for one (1) month for faulty inspection of equipment or parts with credit given for one (1) month time served. We request that all authorized inSpection employee?s review the safety inspection regulations. All of your records and operating procedures must be brought up to date immediately and properly maintained in the future. Any future violations of the safety inspection and regulations may result in the suSpension of your inspection privileges. If you have any questions, please contact the Vehicle Inspection Division at (717) 7872895, or you may write the Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 17106-9003. MAILING ADDRESS: Department of Transportation Chief Counsei?s Office Riverfront Office Center I 101 S. Front Street, 3rd Floor Harrisburg, PA 17104?2416 Sincerely, Anita M. Wasko, DirectOr Bureau of Motor Vehicles Vehicle Inspections 1101 S. Front Street Harrisburg, PA 17104 I 717-782?2895 DEPARTMENT OF TRANSPORTATION ., ., . . ?v August 22, 2014 Bronson W. Miller Oper# - ll wm lpruce Auto ORDER OF SUSPENSION OF OFFICIAL INSPECTOR In compliance with the Stipulation Agreement and Settlement, the suspension of your inspection privileges has been af?rmed. In accordance with this decision, you are hereby suspended for one (1) month for faulty inspection of equipment or parts with credit given fOr Thirty (30) days already served. The suspension(s) will run consecutively, for a total suspension of zero (0) days. This SUSpension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. You are ordered to surrender to the Quality Assurance Of?cer, who is a representative of the Department of Transportation, your Safety Inspector Certi?cation Card. At the expiration of your suspension, your Safety Inspector Certi?cation Card will be returned to you. If you have any questions, please contact the Vehicle Inspection Division at (717) 787?2895 or, you may write to the Vehicle Inspection Division, P. O. Box 69003, Harrisburg, PA 171068003. MAILING ADDRESS: Sincerely, Department of Transportation Riverfront Of?ce Center 1101 S. Front Street, 3rd Floor Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 110.1 S. Front Street Harrisburg, PA 17104 i 7?17-787?2895 COMMONWEALTH OF- OFFICE OF GENERAL COUNSEL DATE: August 21, 2014 Station: Tammy Miller t/d/b/a Twin Spruce Auto Repair DL60 To: Kay Kishbaugh, Manager Vehicle Inspe??tion Mechanic: Bronson Miller Division onus: Bureau of Motor Vehicles From: Christopher J. Johnson County: York Assistant Comsel Docket Number: - 070 A.D. 2014 Subject: INSPECTION CASE Original STATION 2 mo Sanction: INSPECTOR - 2 mo Faulty inspection of equipment or parts. June 16, 2014 July 16, 2014 take the action indicated: Please modify original sanctions as follows: x? it LJ. Safety Station - Reinstate 1 month suspension. "Zn ?ddly Safety Mechanic Reinstate 1 month suspension. our assistance. OFFICE OF CHIEF COUNSEL I VEHICLE TRAFFIC LAW DIVISION RIVERFRONT OFFICE CENTER, 3RD FLOOR I 1101 SOUTH FRONT STREET I EMRRISBURG, PA 171044516 Ph: 7IT-78742830 Fax: 717-705-1122] DEPARTM ENT OF TRANSPORTATION w?g?uy -1 .I is IN THE COURT OF COMMON PLEAS OF YORK COUNTY, TAMNIY MILLER t/d/b/a TWIN SPRUCE NO. AUTO REPAIR 018 DL60 vs. COMIMONWEALTH OF . DEPARTMENT OF TRANSPORTATION INSEPCTION APPEAL AGREED ORDER WITHDRAWING APPEAL AND NOW, this 20th day of August, 2014, by agreement of the parties, the appeal ?led in the above referenced matter is hereby WITHDRAWN, and the suspension is hereby REINSTATED for a total suspension time of one (1) month. BY THE COURT: Isa/Stephen P. Linebauoh. PJ Stephen P. Limbaugh, PU Attest: Christopher J. Johnson, Esq., PENNDOT, Of?ce of Chief Counsel, 1101 South Front Street, 3? Floor, Harrisburg, PA 17104-2516 - Tammy Miller, 134 Blue Ball Road, New Park, PA 173 52 COMMONWEALTH OF OF TRANSPORTATION HARRISBURG, 17104-2516 RE: BRONSON W. MILLER, APPEAL OF NO. 070 AD. 2014 INTENT TO SUSPEND OFFICIAL SAFETY INSPECTOR PRAECIPE TO SETTLE AND DISCONTINUE APPEAL AND NOW, on this 21St day of August, 2014, the Respondent Department of Transportation, by and through its counsel, Christopher J- Johnson, ?les this Praecipe to Settle and Discontinue the above captioned appeal, as follows: 1. The parties are in agreement that there will be no need for a hearing in this matter, since the parties have agreed to settle the matter as set forth herein. 2. The Department has agreed that the time of Suspension shall be reduced from two (2) months to a total suspension time of one (1) month, effective July 19, 2014. 3. Therefore, petitioner Bronson Miller has agreed that this appeal should be marked as Settled and Discontinued. WHEREFORE, the Departrnent of Transportation, Bureau of Motor Vehicles reSpectfully requests that this Honorable Hearing Of?cer enter an order marking this Appeal of Intent to Suspend Of?cial Emission Inspector SETTLED and DISCONTINUED. OUIISG COMIVIONWEALTH OF DEPARTMENT OF TRANSPORTATION HARRISBURG, 17104-2516 RE: BRONSON w. MILLER, APPEAL OF N0. 070 AD. 2014 INTENT To SUSPEND OFFICIAL SAFETY INSPECTOR i CERTIFICATE OF SERVICE - I hereby certify that I have this day served the foregoing Praecipe to Settle and Discontinue Appeal upon the person and in the manner indicated below: First Class Mail: Bronson W. Miller DATED: 'August 21, 2014 Department of Transportation Of?ce of Chief Counsel 1101 South Front Street 3d Floor Harrisburg, PA 17104-2516 Telephone: (717) 787-2830 Facsimile: (717) 705-1122 OFFICE OF GENERAL COUNSEL July 3, 2014 Bronson W. Miller RE: BRONSON W. MILLER INTENT To SUSPEND OFFICIAL SAFETY INSPECTOR CERTIFICATION No? NO. 070 AD. 2014 Dear Mr. Miller: Receipt of your appeal and request for hearing regarding the Department?s intent to suspend your Of?cial Safety Inspector Certi?cation is hereby acknowledged. You will be noti?ed by separate mail of the time and date for the hearing. Any correspondence or documents to be ?led with this Of?ce must contain the caption as listed above and must consist of an original and two cepies. Any documents not meeting these requirements Will be returned, without docketing, as de?cient. As Administrative Docket Clerk, I am responsible for providing the Department Hearing Of?cer with c0pies of any documents that have been ?led; however, you are responsible for serving Department staff counsel, Donald J. Smith, at the Of?ce of Chief Counsel, 1101 South Front Street, Harrisburg, 17104-2516, as well as any other interested parties. Your documents must contain a proof of service on all parties. Please see 67 Pa. Code, Chapter 491 for more information. Please feel free to contact me if I can answer any questions. Sincerely, Patricia A. Smith Administrative Docket Clerk Department of Transportation Of?ce of Chief Counsel Administrative Docket PO. Box 8212 Harrisburg. PA 17105-8212 717.772.8397 Fax: 717.772.2741 {31 cc: Jason D. ShaIp, Department Hearing Of?cer Donald J. Smith, Assistant Chief Counsel Anita M. Wasko, Director, Bureau of Motor Vehicles . . 6. wow Tm; le?er IS Tb mil} be ck?oea? :48 mi 1 .J DEW 44/15196ij mg c9 mejxs, COMMONWEALTH OF Eg?rmn?m LC). M: DEPARTMENT OF TRANSPORTATION REC EJVED 0.32014 0 70 A. D. (XML. ADMINISTRATEVE DOCKET OFFICE OF CHIEF COUNSEL 1 DEPARTMENT or TRANSPORTATION Vehicle Inspection Division Bronson W. Miller P- 0- BOX 59003 Harrisburg PA 17106-9003 Phone: (717) 787-2895 pmce Auto Repair- crsaano MECHANIC CERTIFIED MAIL: 700425 10000141 586360 MAIL DATE: June 16, 2014 NOTICE OF INTENT TO SUSPEND OFFICAL SAFETY INSPECTOR are hereby noti?ed that the Department intends to suspend your certi?cation as an Of?cial Safety Inspector pursuant to Section 4726 of the Vehicle Code, If you suspended.- ne vehist safety may be performed during a period ofsuSpension. Pursuant to Department regulations, the Department intends to suspend your certi?cation as an Official Safety Inspector for two 2 months for faulty inspecting of equipment or parts; (On March 22, 2013 inepector Bronson W. Miller 0 passed a 1998 Toyota and issued sticker Alli-40763234 to the vehicle when it on ve failed for the vehicle ?ame having severe rust The suspension(s) is to run consecutively for a total suspension of two (2) months. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. Credit for your suspension term will not begin until your certi?cation card is surrendered to the Department. . You may contact your Quality Assurance Of?cer to Surrender your certi?cation card or you may mail your certi?cation card to the Vehicle Inspection Division, Post Of?ce Box 69003, Harrisburg, PA 17106-9003. You have a right to request a hearing on the above referenced sanction(s) under 2 ??501?508 (relating to general rules of administrative practice and procedure of administrative agencies); 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) and 6'7 Pa. Code Chapter 491 (relating to administrative practice and procedure) by submitting a written request for a hearing within 30 days of the above mail date to the Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, 9th Floor, Harrisburg, PA 17120-0096. A copy of this letter shall accompany the request. THIS IS YOUR OPPORTUNITY TO BE HEARD IN THIS MATTER. IF YOU FAIL TO REQUEST A HEARING ON THE ABOVE WITHIN 30 DAYS OF THE MAIL DATE OF THIS NOTICE, YOU WILL HAVE WAIVED YOUR RIGHT TO CHALLENGE THE SUSPENSION. ADDITIONALLY, THE ABOVE WILL ALSO BE FINAL AND YOUR CERTIFICATION AS AN OFFICIAL SAFETY INSPECTOR WILL BE SUSPENDED EFFECTIVE July 16, 2014. Sincerely, mta . asko, Director Bureau of Motor Vehicles - w. USA I U55 . N-0088 lac-B-1 Mcricm crack a 7mm nun DUDE M13 SEED ,_m_3m?m4wg Clerk a Og?eo (jg?ch Ic?f DR EU ?15630 MS?ramis I 3 a 91 Lgi?sgiaf? E3 - mgm? :1 rags??rcsrai 1 IN THE COURT OF PLEAS OF YORK COUNTY, 1 No.: mil-9? 02 (Print yeti:l name) pm 4 . ?66 cm Earn Stalk? vs. - Wee Ante?Registration Appeal COWONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER SCHEDULING HEARING ON APPEAL ANDNOW, thisLday of ,20 H1 ,ahearing is scheduled on the appeal of Petitioner for Wednesday9:00 am. in the Ceremonial Courtroom on the second ?oor of the Adminisn?ative Center, 28 E. Market St, York, at which time testimony will be taken and argument heard. A copy of this Order has been served on Appellant. It shall be Appellant?s responsibility to serve a cepy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following address: Of?ce of Chief Counsel Vehicle and Traf?c Law Division River?ont Of?ce Center, 3rd Floor 1101 South Front Street Harrisburg, PA 171 04?25 16 It shall further be Appellant?s reSponsibility to ?le a Certi?cate of Service with the Prothonotary stating that service was made on the Commonwealth of By the Court badge DEPARTM ENT 0 TRAN SPORTATION at . Bronson W. Miller Twin Spruce Auto 134 Blue Ball Rd New Park, PA 17352 Vehicle inSpection Division Post Of?ce Box 69003 Harrisburg. PA 171069003 Phone: (717) 787-2395 STATION: DL60 CERTIFIED MAIL: 7004251000014} 586853 MAIL DATE: June 16, 2014 ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION You are hereby noti?ed that your Certi?cate of Appointment as an Official Safety Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station during the suSpension. Pursuant to Departmental regulations, your Certi?cate of Appointment will be suspended for two (2) months faulty inspecting of equipment or parts; (On March 22, 20 i 3 inspector Bronson W. Miller op- passed a 1998 Toyota VINJT3HN86R9WOI34754 and issued sticker Alli-4076234 to the vehicle when it should have failed for the vehicle frame having severe rust The suspension(s) will run consecutively, for a total suspension of two (2) months. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. THE SUSPENSION WILL BE EFFECTIVE July 16, 2014. At this time, you are ordered to surrender to the Quality Assurance Of?cer, who is a representative of the Department of Transportation, your Certi?cate(s) of Appointment, and all safety inSpection stickers. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Officer for reappointment. A complete and thorough investigation may be conducted to determine if you are quali?ed for reappointment. You have the right to appeal this Departmental Order of SuSpension to the Court of Common Pleas of the County in which the above referenced inspection station is located, WITHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER. If you do file an appeal, a signed and time-stamped copy of the appeal must be Served upon the Department at the mailing address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the Court directing the Department to stay the suspension must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Sincerely. Department of Transportation a Riverfront Of?ce Center 1101 S. Front Street, 3rd Flow Anita M. Wasko, Director Harrisburg, PA 17l04-2416 Bureau of Motor Vehicles a Vehicie Inspections 1101 S. Front Street Harrisburg, PA 17104 I 717-787-2895 Nature of the Case: I: TORT (do not include Mass Tort) MASS TORT [j Toxic Tort Implant PROFESSIONAL LIABLITY I . 3- Tun I 2014 ?951; Shag m" 3" g: a ?3 - county 5 3- of a The information collected on this form is used solely for court administration purposes. 1721's does not supplement or replace the?ling and service ofpleadz?ngs or other papers as required by low or rules Commencement of Action: Complaint El Writ of Summons Petition El Transfer from Another Jurisdiction Declaration of Taking Lead Plaintiff? 3 Name: . Lead Defendant?s NameTo:an WM Lei?! Mini-59m CA. COMM OF PA DOT .2: it"? i Dollar Amount Requested: Dwithin arbitration limits 2 Are money damages requested? El Yes No (check one) momma arbitration limits Is this a Class Action Suit? Yes 0 Is this an MDJ Appeal? Yes No Name of Plaintif?Appellant?s Attorney: El Check here if you have no attorney (are a Seif-Represented [Sire Sci Litigaur} Place an to the left of the ONE case category that most accurately describes your CASE. If you are making more than one type of claim, check the one that you consider most important. Intentional Malicious Prosecution Motor Vehicle [3 Nuisance Premises Liability a Product Liability (does not include mass tort) may Slander/Libel! Defamation other; a I - .. . we?? Asbestos Tobacco Toxic Tort DES Toxic Waste Other: Dental El Legal Medical Other Professional: CONTRACT (do not include Judgments} El Buyer Plaintiff Debt Collection: Credit Card El Debt Collection: Other Employment Dispute: Discrimination Employment Dispute: Other CIVIL APPEALS Administrative Agencies Board of Assessment El Board of Elections Dept. of Transconation Statutory Appeal: Other Zoning Board Other: El Other: Other: REAL PROPERTY MISCELLANEOUS Ejectnent Common Law/Statutory Arbitration El Eminent Domain/Condemnation Declaratory Judgment Ground Rent Mandamus Landlordfl?enant Dispute Non?Domestic Relations Mortgage Foreclosure: Residential Restraining Order CI Mortgage Foreclosure: Comraercial Quo Warranto El Partition Replevin Quiet Title El Other: Updated 1/1/2011 .r?j IN TEE COURT OF COMZMON PLEAS OF YORK COUNTY, mater tnPB?lm; (Print you?) name) MM ?Wm gas: mm S+mhaw vs. Appeal COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF DRNER LICENSING APPEAL OF LICENSE AUTO REGISTRATION SUSPENSION AND NOW, this QLW 20 comes the Appellant, (insert date) moi (WW, by his her attomey, (Print you?iame) and states {is follows: 8.05%, Ens pace-Ken 8th 1. Appellant?s Penns lvania or is: DLBO . 2. proposes, by Notice dated 9 3 20 ?4 (Insert ?mailing? date here) or" a 9c, 0?4: to su5pend Appellant?s El [1 We for a'period of mend/hi; pursuant to Section of me Vehicle (Insert length of suspension) Code, which suspension is to be effective (Insert suspe?sion effective date) A copy of the Notice sent by is attached to this Appeal. VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of SuSpension or Registration are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 See. 4904 relating to unsworn falsi?cation to authorities. (Signature) (PrintNamet) him/er)th Address: in! f?i/ix?/ga?l? yd City/ State Zip: 51in Telephone Number: 7/ 7r 3&9 1/3940 Jul . 15 . 2014 02:20 PM Close Construction 717 993 2502 IN THE COURT OF COMIMON PLEAS OF YORK COUNTY, we; (Print youf name) 13x . . ?20 i (?nca' Maggi-{03 cSerUN vs. War?Mensa: Anteaegi-s?cra?on kw COWONWEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING ORDER SCHEDULING HEARING ON APPEAL AND Now, this day of OC?b?v 20 ,a hearing is scheduled on the appeal of Petitioner for Wednesday, the day of 0gb?? 20 at 9:00 am. in the Ceremonial Con?roo?l on the second ?oor of the, Administrative Center, 28 E. Market St, York, at which time to stimony 'will be taken and argument heard. A copy of this Order has been served on Appellant. It shall bo Appellant?s responsibility to serve a copy of this Appeal, all attachments, and this Order on the attorney for the Commonwealth, at the following addresoz Of?ce of Chief Counsel Vobiclo and Traf?c Law Division Rivmfront Of?ce Comer. 3111 Floor 1 101 Sou?1 Front Stroet Harrisburg, PA 17104-2516 It shall further be Appellant?s reSpOnsibility to ?le a Certi?cate of Service with the Prothonotary stating that service was made on the Commonwealth. of thoC @930 Judge PAGE . 2 7 Jul. 15.2014 02:20 PM Close Construction County The informoxion collecred on rlzisfoml used court odmr'nirlrarz?orz purporel'. 1711?s fem does no! Supplemenf or replace the ?ling and Sen?fce (?ooding;- or orherpcmerr as required by law or rules of'oow-l. 717 993 2502 PAGE. 3/ I. 1 Monday.Junc23.2o14 molsz Mom?? 74:51.; Me :33 p? I: 'IEl??f?fl-J grim-reg my!? J1 ruwle- of Action: Complaint [3 Writ o?Summons Petition TranSfer from Another Jurisdiction DCCl?fatiOn of Taking Lead Plain tiff?s Narne: - Load Defendant?s Nam TC?-fhl??ilj PM Let? Ill?(J 17?] ?Bl?l?u (A COMM OF DOT l, a. VI I Dollar Amount Requested: [jwithin arbitration limits Am money damages requesmd? Yes No (check one) [joutside arbitration limits Is this a Class Action Suit? Yes El No Is this an WJAppeol? El Yes El No Name of Attomey: El Check here if you have no Micrnoy (are a Sol-ILRenresc-nrecl [Pm Eel Litigmrl) an? you consider most important. Nature of the Case: Place an to the left of the ONE case category that moat accurately describes your PRIWY CASE. Ifycu are making more than one type of claim, check the one that TO RT (do not include Mass Terr) CONTRACT (do not include Judgmencr) CIVIL APPEALS "1 Intentional [3 Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card El Board ofAssessment I. Motor Vehicle [3 Debt Collection: Other Board of Elections Nuisance Dept of Premises Liability Stomrory Appeal: Other [3 (does not Include Employment Dispute: . . Discrimination ?El Damnation [31 Employment DiSpule: Other Zoning Board El Other: :5 [3 Other: MASS TORT Asbestos [3 Tobacco [j Toxic Ton: DES Ell ?gut- Implam REAL PROPERTY MISCELLANEOUS ?5 Common Lawatntutoql Arbitration other? Eminent Domain/Condemation El Declaratory Judgment El Ground Rent Mandamus CI Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure: Residential Restraining Order 5 PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warren to Dental Partition Replevin Legal Quiet Title Other: [3 Medical Other: Other Professional: Updated 1/1001: Jul . 15. 2014 02:20 PM Close Construction 717 993 2502 PAGE. 4/ VERIFICATION The undersigned hereby states that the statements made in the attached Appeal of Suspension or Registration are true and conect to the best of my knowledge, information and belief. The undersigned understands that the statements in the attached Appeal are made subject to the penalties of 18 Sec. 4904 relating to unswom falsi?cation to authorities. (Signature) {/2171 mu W55 (Egan/aw (Print Name.) Address: City/State/Zip: 692/1?, MESH Telephone Number: :2 7-. 3829 Jul.15-2014 02:20 PM Close Construction mater? my. ?55" 5N3 717 993 2502 PAGE. 5/ IN THE COURT OF COMMON PLEAS 0F YORK PENNSYEVANIA (Print vs- -DFi?6?35?Li-ec1rsc Auto-Wim? COMMON WEALTH OF DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING APPEAL OF LICENSE AUTO REGISTRATION SUSPENSION I, 20 i i" comes The Appellant; (insert date) m- by his her attomcy, (Print your?amc) HM and states follows: 826,32ng :Lns peam?on l. Appellant?s Perms lvgia or autemeb?mgism??nmmr is: m. ml? . 2. PcnwO?I? proposes, by Notice dated .3 3) 20 (Insert ?mailing? date here) . 017-3?? - I .?l?rpec, .91 "smiqu to suspend Appellant?s c" for a period of pursuant to Section Q. ?4 of the Vehicle (Insert length of su3pcnsi0n) Code? which suspension is to be effective $3349; 1 WW 20 I if (Insert suspe ion effective date) A copy of the Noticc sent by is attached to this Appeal. Jul.15.2014 02:21 PM Close Construction 717 993 2502 PAGE. 6/ pen oepn RT?Mflil'l'le TRANSPORTATION ?a Bremen W. Miller Vehicle InSpoction Division Twin Spmce mlto Post Of?ce 69003 l34 Blue Ball Rd Harrisburg. PA HIOGSOOD New Park. PA W352 Phone: (717) 737-2895 STATION: CERTIFIED MAI L: 70042510000 [41586853 MAIL DATE: June 16, 2014 ORDER or SUSPENSION or orricw?l [numeron srnion You are hereby noti?ed that y0ur Certi?cate of Appointment as an Of?cial Safety InSpection Station is su5pendcd, pursuant to 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your Station during the suspensiOn. Porsuant to Departmean regulations, your Certi?cate of Appointment will be suspended for two months Faulty inspecting ef' equipment or parts; (On March 22, 2013 inspector Bronson W. Miller o-passed a 1998 Toyota I 34754 and issued sticker Alli-4076234 to the vehicle when it should have failed for the vehicle frame having severe rust The suspensionfs) will run COnSecutlvely, fer a total suspension of two (2) months. This is to run congecutively with any other 5u9pension(s) imposed by the Department for any violation considered separately. THE SUSPENSION LL BE EFFECTIVE July 16, 2014. At this timc? you are Ordered to surrender to the Quality Assurance Of?ccrt who is a representative of the Department of Transportation. your Ccrti?care(s) and all safety inspection stickers. Two (2) weeks prior to the expiration ofyour suspension, you may contact your Quality Assurance Of?cer fOr reappointment. A mplete and thorough investigation may be cenducted to determine if item are quali?ed for reappointment. You have the right to appeal this Departmental Order of Suspensiou to the Counol'Common Pleas of the County in which the above referenced inspectEOn Station is located. WITHIN THIRTY (30) DAYS OF THE MAIL DATE 01? THIS ORDER. if who do file an appeal. a signed and lime-stamped copy of the appeal must be served upon the Department at . the mailing address listed below- FILING OF AN APPEAL DOES NOT AUTOM STAY THE \9 SUSPENSION. In order for your privileges to be restored pending appeal. a signed Order of Supersedeas-from the Court directing the Department to stay the Suspension must be served upon the Department at the mailing address listed below. . Department of Transportation MAILING ADDRESS: Sincerely, hicf Counsel?s Of?ce Riverfront Of?ce Center I 10! S. Front Street 3rd Fleer e03 Anita M. Waslto, Director Bureau oi'Moror Vehicles Harrisburg, PA I 7104-2416 Vehicle inspections 1101 S. Front Street I Harrisburg, PA 17104 717-787~2895 7/ PAGE. 717 993 2502 02:21 PM Close Construction Jul. 15. 2014 1 Etas em 20cm him; memy - . ??13 . i - [3951315930 mmu Mm 525/ gianuw I gnaw fro/f. . 39M: J?Wb?fm-D?. 3325,79 Wyn/wk?) 9213163 . '1 . . I Wmnmetn I 'Wanmmw e?lmm'epm?a?x . COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION ADMINISTRATIVE DOCKET COMMONWEALTH KEYSTONE BUILDING 400 NORTH STREET 9m FLOOR HARRISBURG, 17120-0096 (717) 772-8397 RE: BRONSON W. MILLER INTENT TO SUSPEND OFFICIAL SAFETY INSPECTOR CERTIFICATION N0. - NO. 070 AD. 2014 . ORDER AND NOW, this OF DEPARTMENT OF TRANSPORTATEON MRELED AUG 93 2014 ABMENESTPATWE DOCKET (EFFECT-E OF CHEEF COUNSEL day of August, 2014, after a telephone conference with the parties, it is hereby ORDERED that this matter is continued generally. Department staff counsel is directed to submit a status report on or before Friday, August 29, 2014, unless the matter is sooner discontinued. cc: Bronson W. Miller Jason D. Sharp, Department Hearing Of?cer ChristOpher J. Johnson, Assistant Counsel Anita M. Wasko, Director, Bureau of Motor Vehicles COIWMONWEALTH OF DEP COMMONWEALTH OF ADMINISTRATIVE DOCKET COMMONWEALTH KEYSTONE BUILDING 490 NORTH STREET - 9TH FLOOR JUL 3 I 2014 HARRISBURG, 17120-0096 (717) 772-8397 ADMINISTRATIVE DOCKET OFFICE cs censuses. RE: BRONSON w. MILLER INTENT To SUSPEND OFFICIAL . SAFETY INSPECTOR NO. 070 AD. 2014 CERTIFICATION - NOTICE OF SCHEDULING CONFERENCE Notice is hereby given that a scheduling conference will be conducted by telephone on Friday, August 8, 2014, at 10:00 21.11:. at which time the parties shall dial in Number 1?855- 750-1027 ?ood/Harrisburg 717-612-4733], PIN Number 782960#. Please review the enclosed Guidelines for Administrative Proceedings prior to the conference call. Dated: July 31, 2014 cc: Bronson W. Miller Jason D. Sharp, Department Hearing Of?cer ChristOpher J. Johnson, Assistant Counsel Anita M. Wasko, Director, Bureau of Motor Vehicles COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION GUIDELINES FOR ADMINISTRATIVE PROCEEDINGS 1. Rules of Practice and Procedure. Unless a statute provides otherwise, the Department?s administrative proceedings are governed by the General Rules of Administrative Practice and Procedure at 1 Pa. Code 31.1 35.251 and the Department?s regulations at 67 Pa. Code 491.1 491.13. Under these rules and regulations, the failure to respond timely to an order, petition, motion, or other request for relief may constitute a default and may be deemed an admission of factual allegations and a waiver of objections and defenses. 2. Scheduling Conference. The purpose of this conference is to discuss the anticipated course of the matter and the scheduling of the hearing, which is normally held within 30 to 60 days of the initiation of the proceeding. The scheduling conference is also used to explore the prospects for settlement and the parties? interest in mediation. 3. Settlement and Mediation. The parties are expected to pursue settlement prior to the day of the hearing. If parties desire mediation, the matter may be referred to a private mediator of their choice, to a hearing of?cer other than the one presiding in the matter, or to a trained mediator appointed by the Of?ce of General Counsel. The parties should direct written requests for mediation to the Administrative Docket Clerk 4. Scheduling Con?icts. A party seeking to change the date of a conference or hearing is expected to contact the other parties and to provide the Administrative Docket Clerk with alternative dates acceptable to all parties. Because rescheduling a hearing is an inconvenience to all persons involved in the proceeding, the parties are expected to be available and prepared for scheduled hearings. Once the hearing is scheduled, a request for continuance will be governed by the Department?s regulations, which require that such a request be made'at least 10 days prior to the hearing. See 67 Pa. Code 4. Pro-Hearing Conferences and Memoranda. The parties may request a pre-hearing conference and are encouraged to do so when the matter is complex or presents issues that should be addressed prior to the hearing. See 1 Pa. Code 35 .1 1 5.1 16. Ifrequested by the hearing officer, a pre?hearing memorandum should contain a statement of the party?s position as to the facts and the law, a statement of issues, and a list of witnesses with an indication of whether they are fact or expert witnesses and summary of their proposed testimony. 5. Evidence, Exhibits, and Stipulations. The parties are expected to cooperate in the process of producing and presenting evidence in order to avoid surprise and disputes over admissibility. The parties should mark and exchange exhibits and should serve proposed stipulations of fact at least ?ve days prior to the hearing. 6. Duration of Hearings. Hearings are scheduled on the assumption that they will be completed in one day (usually 10:00 am. - If the parties expect that the hearing will take longer, they should notify the Administrative Docket Clerk immediately so that appropriate arrangements are made for the use of the facility and the services of the stenographer. Otherwise, it may not be possible to resume the hearing on the following day, and the hearing will need to be continued to a later date. 7. Hearing Procedure. As set forth more fully at 67 Pa. Code 491.10, the party with the burden of proof will normally proceed ?rst with the presentation of evidence. The parties should note that the technical rules of evidence do not apply to administrative proceedings but that hearsay by itself, even in the absence of an objection, cannot support a ?nding of fact. The hearing of?cer may take notice ?of such matters as might be judicially noticed by the courts of this Commonwealth, or any matters as to which the agency by reason of its functions is an expert.? 1 Pa. Code 35.173. 8. Post-Hearing Briefs. Unless otherwise directed by the presiding of?cer, the parties? post-hearing briefs are due 30 days after notice that the transcript of the hearing has been ?led. The parties may submit proposed ?ndings of fact and conclusions of law with their post~hearing briefs. 9. Proposed Report. Unless otherwise stipulated by the parties or directed by the Secretary, the hearing of?cer will ?le and serve a proposed report, which is subject to review by the Secretary as provided at 67 Pa. Code 491.12. The Secretary?s review of proposed reports is de novo. -- pen sylva nia DEPARTMENT OF TRANSPORTATION Bronson W. Miller Vehicle Inspection Division Twin Spruce Auto Post Of?ce Box 69003 134 Blue Ball Rd Harrisburg, PA 17106-9003 New Park, PA 173 5 2 Phone: (717) 787-2395 STATION: DL60 CERTIFIED MAIL: 70042510000141586853 MAIL DATE: June 16, 2014 ORDER OF SUSPENSION OF OFFICIAL INSPECTION STATION You are hereby noti?ed that your Certi?cate of Appointment as an Of?cial Safety Inspection Station is suspended, pursuant to Section 4724 of the Vehicle Code. No vehicle safety inspections may be performed at your station during the suspension. Pursuant to Departmental regulations, your Certi?cate of Appointment will be suspended for two (2) months faulty inspecting of equipment or parts; (On March 22, 2013 inspector Bronson W. Miller op_ passed a 1998 Toyota VINJT3I-IN86R9W0134754 and issued sticker A1340 76234 to the vehicle when it should have failed for the vehicle ??ame having severe rust The suspension(s) will run consecutively, for a total suSperrsion of two (2) months. This suspension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. THE SUSPENSION WILL BE EFFECTIVE July 16, 2014. At this time, you are ordered to surrender to the Quality Assurance Of?cer, who is a representative of the Department of TranSportation, your Certi?cate(s) of Appointment, and all safety inspection stickers. Two (2) weeks prior to the expiration of your suspension, you may contact your Quality Assurance Of?cer for reappointment. A complete and thorough investigation may be conducted to determine if you are quali?ed for reappointment. You have the right to appeal this Departmental Order of Suspension to the Court of Common Pleas of the County in which . the above referenced inSpection station is located, WITHIN THIRTY (30) DAYS OF THE MAIL DATE OF THIS ORDER. If you do ?le an appeal, a signed and time-stamped copy of the appeal must be served upon the Department at the mailing address listed below. FILING OF AN APPEAL DOES NOT AUTOMATICALLY STAY THE SUSPENSION. In order for your privileges to be restored pending appeal, a signed Order of Supersedeas from the Court directing the Department to stay the suspension must be served upon the Department at the mailing address listed below. MAILING ADDRESS: Sincerely, Department of TranSportation Chief Counsel?s Office Riverfront Of?ce Center 1101 S. Front Street, 3rd Floor Anita M. Wasko, Director Harrisburg, PA 17104-2416 Bureau of Motor Vehicles Vehicle Inspections 1 1101 S. Front Street Harrisburg, PA 17104 1 717-787-2895 ESLEI DUEL 41.56 [3653 Postage Certi?ed Fee Hetum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required} Total Postage Fees Postmark Here Sent To Saver, Apt or PO Box No. City, Stare, ZIPM INSP MECHANIC NUMBER STAT NAME -CITY STICKERS STAT BUS TOT TOT SAFETY AUDIT 05/12 SUSP IM APPT IM SUSP IND MAIL MAIL MAIL MAIL ZIwa I I STATION NUMBER DL60 I I STICKER NUMBER - COUNTY APPT SPRUCE AUTO REPAIR BLUE BALL RD PARK ZIP YORK OWNER LFM--MILLER BRONSON SUSPENSION: EMISSION RESTORE EFFECTIVE SUSPEN SAFETY DEPARTMENT OF TRANSPORTATION Wv?v?w - Vehicle Inspection Division P. O. Box 69003 $35311 WI-g?ller Harrisburg PA 17106?9003 0 ow Phone: (717) 737?2395 New Park, PA 17352 WCHANIC Spruce Auto Repair CERTIFIED MAIL: 70042510000141586860 . MAIL DATE: June 16, 2014 NOTICE OF INTENT TO OFFICAL SAFETY INSPECTOR You are hereby noti?ed that the Department intends to suSpend your certi?cation as an Of?cial Safety Inspector pursuant to Section 4726 of the Vehicle Code. If you are suspended, no vehicle safety inspections may be performed during a period of suSpension. Pursuant to Department regulations, the Department intends to suspend your certi?cation as an Official Safety Inspector for two 2 months for faulty inspecting of equipment or parts; (On March 22, 2013 inspector Bronson w. Miller op? passed a 1998 Toyota and issued sti cker A13-4076234 to the vehicle when it should have failed for the vehicle frame having severe rust The suspension(s) is to run consecutiver for a total suspension of two (2) months. This suSpension is to run consecutively with any other suspension(s) imposed by the Department for any violation considered separately. Credit for your suSpension term will not begin until your certi?cation card is surrendered to the Department. You may contact your Quality Assurance Of?cer to surrender your certi?cation card or you may mail your certi?cation card to the Vehicle Inspection Division, Post Of?ce Box 69003, Harrisburg, PA '171 06-9003. You have a right to request a hearing on the above referenced sanction(s) under 2 ??501?508 (relating to general rules of administrative practice and procedure of administrative agencies); 1 Pa. Code Part (relating to general rules of administrative practice and procedure) and 67 Pa. Code Chapter 491 (relating to administrative practice and procedure) by submitting a written request for a hearing within 30 days of the above mail date to the Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, 9th Floor,. Harrisburg, PA 17120-0096. A copy of this letter shall accompany the request. THIS IS YOUR OPPORTUNITY TO BE HEARD IN THIS MATTER IF YOU FAIL TO REQUEST A HEARING ON THE ABOVE SUSPEN WITHIN 30 DAYS OF THE MAIL DATE OF THIS NOTICE, YOU WILL HAVE WAIVED YOUR RIGHT TO CHALLENGE THE SUSPENSION. ADDITIONALLY, THE ABOVE WILL ALSO BE FINAL AN YOUR CERTIFICATION AS AN OFFICIAL SAFETY INSPECTOR WILL BE SUSPENDED EFFECTIVE July 16, 2014. Sincerely, Anita M. Wasko, Director Bureau of Motor Vehicles Postage Certi?ed Fee Return Receipt Fee (Endorsement Required} Restricted Dexivery Fee (Endorsement Required) Total Postage Fees Sear To T'El?l} EELD DUEL 41:56 E?b? Street. Apt. No; or PO Box No. City, State, 23PM INSP INSPECTION MECHANIC STATION NUMBER 160 STAT NW CITY CERTIFICATION DATE-- >11/16/07 EXPIR CANCEL RECERTIFICATZON MAIL DATE CI-ZK DIGS--MI CAR EL IND DCPS-- SAE DUP MECH TYP-E 8R SUSP IND-- RK LTR DT- RN EMISSIONS: CERTIFICATION DATE- lC/l4/l3 EXPIR CANCEL DATE- RECERTIFICATZON DATE-- MAIL DATE vi DUPS- EMIS DUP RN LTR IND- EMIS RN IND- 11/30/15 STICKERS PRINT SYSTEM INQUIRY ST ICKER NUMBER COUNTY MILLER 151' ADDR-- 2ND ADDR- CITY-- 7 ZIP CODEF YORK STOP CODES-- RECD LICEN SEC CL CHK CL EXPIR DATE-- 09/01/16 BIRTH SAFETY EMISSIONS RESTORE BEND EFFECTIVE DATE - SUSPEN CONSIDERATION . csspensrn a OF OI ASSESSME IN LI a .c STATION STATION NAME REPORT DATE . .1 m; . are. rum-In I Authorizing Signature a Date Lama-Men. - - Reason Evidence of proper supervision has not been demonstrated by the station owner/manager (failed to appear at Department hearing). Evidence of proper supervision of inspection activities has not been demonstrated by the station ownerfmanager. OwnerlManager not present at the time of the violation no other super-vsion provided. OwnerfManager unable to estabiish it sepervision was provided at the time of the violation(s). an The station owner/manager committed the violation(s). I The station owner/manager participated in the vioiation(s) The station ownerfrnanager had knowledge of the violation(s). The station owner/manager is responsible for proper inspection record keeping. Evidence does not indicate ownerlmanager reviewed inspection records that wouid have indicated a viciation(s) occurred. - The evidence indicates that the station owner/manager should have had knowledge of the violation(s). The mechanic who committed the unspervised access to certi?cates of inspection The mechanic who committed the violation(s) was in charge of the inspection activities at the time the violation(s) occurred. The station ownerlmanager is responsible for ensuring that all personnel are property certi?ed to perform inspections. The station owner/manager is responsible for reporting changes affecting the station or discontinuance of business. Other (specify):