HANEY v. PUBLIC UTILITIES COMMISSION

No. 27671.

574 P.2d 863 (1978)

Leonard L. HANEY, Leonard L. Haney d/b/a "Colorado Denver Warehouse and Delivery Company," and Gilpin County Freight Service, Inc., Petitioners-Appellees, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, Respondent-Appellant, and Rio Grande Motor Way, Inc., Intervening Respondent-Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing February 27, 1978.


Attorney(s) appearing for the Case

Edward C. Hastings, Denver, for petitioners-appellees.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Tucker K. Trautman, Asst. Atty. Gen., Denver, for respondent-appellant.

John S. Walker, Denver, for intervening respondent-appellee.


CARRIGAN, Justice.

The principal question raised by this appeal is whether the Public Utilities Commission (the commission) has authority to impose a monetary fine as an alternative to revoking a contract carrier's permit or certificate of public convenience and necessity. We hold that the commission has no such authority.

After an administrative investigation and hearing, the commission issued a decision

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