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11 N.J.A.R. 271

Scioscia, Anthony and Karuey, t/a Home and Industrial Disposal Service and Anthony Scioscia, Individually, In the Matter of
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Citation: 11 N.J.A.R. 271
Decision Date: 1985
Synopsis: The Board of Public Utilities issued an order to show cause why respondents' Certificate of Public Convenience and Necessity should not be revoked because of alleged violation of anti-monopoly provisions of the Solid Waste Act. N.J.S.,4. 48:13A-10a; N.J.,4.C. 14:3-10.12. The Board also sought an interdiction to prevent Anthony Scioscia from future activities in the solid waste collections business. The matter was transmitted to the Office of Administrative Law for a hearing. Respondents had been convicted under N.J.S.,4. 56:9-3, which prohibits conduct in restraint of trade, for entering into an agreement with other solid waste firms not to bid against each other for contracts. Respondents claimed the conviction did not sustain a violation of the Solid Waste Act, which prohibits 'monopoly', as opposed to 're- straint of trade.' In addition, respondents argued that the criminal indictment alone could not be used as a factual basis for a finding of a violation, but that the entire record in the case would have to be examined. The administrative law judge rejected both arguments, concluding that in this case the violation could be inferred from the indictment as well as subsequent court decisions and that the evidence sustained the claim of attempt to monopolize. Regarding the interdiction, the administrative law judge found first that the Board does have jurisdiction over an individual in his or her  capacity as owning, operating or controlling a public utility. However, the judge did not recommend the interdiction, finding that respon- dents' actions, while sufficient to justify revocation of the Certificate of Public Convenience and Necessity, did not justify excluding Anthony Scioscia from ever again engaging in the solid waste business in any capacity other than employee. Accordingly, the administrative law judge concluded that respon- Matter of Scioscia dents had violated N.J.S.A. 48:13A-10 and N.J.A.C. 14:3-10.12. Re- spondents' Certificate of Public Convenience and Necessity was re- voked and a fine of $500 each was assessed against Anthony Scioscia and Home and Industrial Disposal. Upon review, this initial decision was modified by the Board. The Board agreed that respondents violated the anti-monopoly provisions of the Solid Waste Act. However, the action against respondents did not require a technical analysis of the elements of monopoly. Respon- dents' participation in a scheme to subvert competitive bidding viol- ated the basic intent and purpose of the Solid Waste Act, which is to provide state regulation of the solid waste industry on a competitive basis. Therefore, respondents' violation ofN. J.S.A. 56:9-3 violated the solid waste licensing statute as well, requiring that the Certificate of Public Convenience and Necessity be revoked. The Board concurred with the imposition of a $500 fine each against Scioscia and Home and Industrial Disposal. As a 50-percent partner in the firm, Scioscia individually violated the Solid Waste Act and was subject to a fine. However, the Board disagreed with the adminis- trative law judge regarding the interdiction against Scioscia. In light of the individual's serious violation of the Solid Waste Act, and because the Board concluded that he personally conspired to violate the law, the Board concluded that the interdiction was appropriate. Accordingly, the Board ordered that Scioscia be prohibited from managing or owning any solid waste business and from serving as an officer, director, trustee, member of any governing body, principal, manager, partner, stockholder or owning any outstanding capital stock in any solid waste business doing business in New Jersey. The Appellate Division affirmed. Katherine L. Suga, Deputy Attorney General, for Staff of Board of Public Utilities (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Michael F. Riccardelli, Esq., for respondents
Rule(s) Cited: 14:3-10.12 
Statute(s) Cited: 48:2-13 48:2-21 56:9-3 
Citation Tracker modified-Bd. of Public Utilities; affirmed -216 N.J. Super. 644 (App. Div. 1987); certification denied 107 N.J. 652 (1987) [Updated through 1991]