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5 N.J.A.R. 89

Fugazy Continental Corp. of New Jersey, In the Matter of Allegations as to Violations of Law and Regulations of the Department of Transportation by
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Citation: 5 N.J.A.R. 89
Decision Date: 1981
Synopsis: The Department of Transportation alleged that Fugazy Continental was operating regular route autobus services from Paramus to Atlan- tic City without a certificate of public convenience and necessity. The administrative law judge assigned to the case found that the Department had authorized Fugazy to conduct charter and special charter bus operations and that under this authorization, Fugazy had operated daily autobus services from points in North Jersey to the Park Place Casino Hotel in Atlantic City pursuant to a contract between Fugazy and Park Place. The judge found that while Fugazy formulated the components of the service, Park Place had, by con- tract, final approval regarding the equipment, employees, departure time, dress code, minimum age, route, time schedule and fares to be charged. The judge determined that Fugazy's service was not open to the public, had guaranteed revenues and had its route modified on a frequent basis. Accordingly, the judge concluded that Fugazy's oper- ations were special charter in nature and had been conducted pursuant to the authority granted by the Department. Lawrence A. Goldman, Deputy Attorney General, for the Depart- ment of Transportation (John J. Degnan, Attorney General of New Jersey, attorney) Michael F. Riccardelli, Esq., for Fugazy Continental Corp. of New Jersey