5 years ago

ABSURD: Federal bureaucrats shut down Alabama business

Empty Trucks

Brad Gaddy owns a trucking company in the little town of Double Springs, Alabama that hauls wood chips, lumber, logs, and other freight for a number of customers in Alabama, Mississippi, and Tennessee.  In fact, with 17 trucks and 30 employees, Gaddy Logistics, Inc. is one of the larger employers in Double Springs, accounting for 4-5% of the total jobs in this small town. Imagine Gaddy’s surprise one Monday morning two weeks ago when he learned that the Federal Government had effectively closed his business.

Gaddy had received an early-morning call from a customer in Tennessee who “asked how I intended to deliver his freight.  I didn’t have a clue what he was talking about,” Gaddy recalled.  “I said ‘Just like always – hook-up to the trailer and have it there this afternoon.’” The customer then told Gaddy he had received notice that all Gaddy Logistics trucks had been placed “Out-of Service” (may not operate) by the Federal Motor Carrier Safety Administration (FMCSA).

A quick visit to the FMCSA website confirmed what Gaddy’s customer had told him.

Understandably confused, Gaddy called the FMCSA office in Atlanta. Officials there told Gaddy that he had ignored a letter from them requiring him to file a “Plan of Corrective Action” to address two roadside truck inspections, each of which had found one defective tire.  Both vehicles had been placed temporarily out-of-service until the tires were replaced.  Because the company was cited two times within a 90-day period, the federal agency required a written plan of “improved maintenance practices” if he was continue to operate.

The problem was, Gaddy never received that letter and the deadline for filing the report had come and gone.  FMCSA officials from Atlanta later faxed a copy of the letter, which had apparently been sent to the physical address of the business, rather than the post office box.  When Gaddy objected that he had not received the notice, he was told “that’s not our problem” by FMCSA officials.

Gaddy then contacted the Alabama Loggers Council at the Alabama Forestry Association and asked for assistance.  AFA contacted Congressman Robert Aderholt and Senator Jeff Sessions on his behalf.  Staffers at both offices were shocked to learn that a federal agency could, even temporarily, shut down a private company with no more notice than a first class letter.

Congressman Aderholt’s office helped Gaddy submit his “Plan of Corrective Action,” which was approved the following day.  However, FMCSA informed Gaddy that his trucks would remain out-of-service for the full 30-day period because, “that’s our policy.”

Chris Isaacson, Executive Vice-President, Alabama Forestry Association
Chris Isaacson, Executive Vice-President, Alabama Forestry Association

Congressman Aderholt’s office continued to appeal the case with both the Atlanta and the Washington D.C. offices of FMCSA, arguing that such important correspondence should be sent by Certified or Registered mail at a minimum.  The case was ultimately appealed to the FMCSA Office of the Secretary (Anne S. Farrow), and later to the Secretary of the U.S. Department of Transportation (Anthony Foxx).  Both refused to overturn the ruling and reinstate the company, in spite of the approved plan and the admission that the letter “might not have been received.”

Ironically, Gaddy received a Certified Letter on October 30, 2013 stating that his “Plan of Corrective Action” had been approved.  FMCSA obviously has the “cart before the horse” in sending a certified letter to acknowledge approval of a corrective action, but using regular mail to tell a company that if they do not take the corrective action they would be closed down!

Gaddy’s case is now effectively dead.  His insurance carrier has cancelled his policy due to the ruling, and he further faces two more weeks of trying to keep his business afloat and his employees paid with no way to produce income.  It seems unconscionable that a group of un-elected federal bureaucrats would operate with such careless disregard for a legitimate company, 30 employees and the small town economy they help support, even to the point of ignoring the counsel of the elected representatives who oversee their agency.

Federal agencies should ensure that businesses they regulate operate safely, for the good of the company and the public. But no agency operating under a banner of “that’s our policy” should shut down a legitimate business that has complied with a requested action, without ensuring that proper notice was sent AND RECEIVED about a potential shutdown order.

Looked at another way, is this still a country where “we the people” are served by a government funded with our taxes, to help us run businesses and employ people?

This case makes me doubt that proposition.


Chris Isaacson is the Executive Vice-President of the Alabama Forestry Association, which represents members of Alabama’s forest products industry.

6 mins ago

7 Things: Marsh out of U.S. Senate race as Tuberville moves up, SSN in big trouble, court battle over Trump’s financials begins and more …

7. “Homophobic” Facebook post leads to suspension of Madison County Sheriff’s deputy

— Madison County Deputy Jeff Graves is being disciplined for a series of comments on Facebook about the suicide of a high school student which include a meme about LGBTQ/BBQ. The more controversial comment on a Huntsville TV station’s Facebook page about a story involving a group of drag queens holding an anti-bullying event reads, “I’m seriously offended there is such a thing such as the movement. Society cannot and should not accept this behavior.” This isn’t a hateful comment. It’s rather milquetoast, but local and national media outlets have jumped on the story calling the comments “homophobic.” The Madison County Sheriff Office has launched an “audit” and stated, “The Sheriff’s Office holds all its employees to [a] high standard.” The office added, “The involved employee has been placed on administrative leave pending the outcome of the audit.”

6. Surprising poll shows a majority of Alabama voters oppose removing permit requirement to conceal carry

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— Results of a poll show that 87 percent of Alabama voters support requiring a background check to get a permit to carry a concealed handgun, while 71 percent of voters oppose removing the permit requirement. If passed, Senate Bill 4 would allow people to carry a concealed handgun without a permit or a background check. Moms Demand Action for Gun Sense in America released the poll and had 100 volunteers from across the state travel to the Capitol last week to voice their opinion. Judy Taylor, one of the volunteers, said, “As a responsible gun owner, I know that when we remove the permitting system that keeps our communities safe, no one wins.”

5. The U.S. will no longer exempt any countries from sanctions for importing oil from Iran

— On Monday, the Trump administration announced that sanctions waivers that expire on May 2 for China, India, Japan, South Korea and Turkey won’t be renewed. The White House released a statement that said the intent of this decision is to bring Iran’s oil export to zero. Secretary of State Mike Pompeo said that they want to remove Iran’s main source of cash. U.S. officials claim not to expect a significant reduction in oil supply since the U.S. and other top oil producers have agreed to take action to assure that global demand is met as Iranian oil is removed from the market.

4. Bus driver who skipped stops fired

— The general manager of Apple Bus, which has a contract with Huntsville City Schools, announced on Monday at a school board meeting that the driver who skipped stops and was accused of refusing to let kids off the bus has been fired. The driver claimed that he skipped stops because the children were misbehaving, and he told the children that he wouldn’t stop unless they behaved. The driver also told the children that he was “taking them home to be disciplined.” The children got off the bus when the driver stopped at a red light, and police were called by witnesses who said the children were crying and scared. The driver’s name has not been released, and he will not be charged with a crime.

3. President Trump sues to block subpoena for his financial records

— On Monday, President Trump’s lawyers filed a lawsuit naming Representative Elijah Cummings (D-MD) and Peter Kenny, the chief investigative counsel of House Committee, as its plaintiffs. Cummings has said that he would subpoena the accounting firm Mazars USA LLC for Trump’s annual financial statements, periodic financial reports and independent auditor reports, as well as communications with Trump. Trump’s lawyers have asked the court to declare the subpoena invalid and unenforceable. They also requested a temporary restraining order and preliminary injunction to prohibit Mazars from providing the requested information. Fox News senior judicial analyst Judge Andrew Napolitano weighed in on the issue saying that Democrats can’t get President Trump’s financial records “because they want to torment him” and went on to say that “Congress will have to state for what purpose they want this.”

2. Social Security won’t be solvent to by 2035 and will be in the red in 2020

— An annual report was released by trustees of the government’s two largest entitlement programs, Social Security and Medicare. The report stated that Social Security’s trust funds will be gone by 2035. Retirees will still receive checks, but the program will only have enough funds to pay three-quarters of benefits from 2035-2093. Of course, the trustees urged lawmakers to make sure that Americans will be able to receive their full benefits. Lawmakers have avoided addressing Social Security because fixing the funding issue will likely result in higher payroll taxes, curtailing benefits or a combination of both. It’s also expected that Social Security’s cost will be higher than its income in 2020.

1. Senate Pro Tem Del Marsh says he is out of the U.S. Senate race — new poll has Tommy Tuberville in the lead

— In a move that surprises those watching the U.S. Senate race in Alabama, Marsh announced he is out, telling The Anniston Star “I’m not running, and I’ve not made any plans to run. This comes on the heels of a poll showing Marsh polling around 4 percent and trailing announced candidate Congressman Bradley Byrne (AL-01), unannounced candidates, including two other congressmen, and Judge Roy Moore. Another poll included Tommy Tuberville that featured the former Auburn head coach leading with 23 percent of those polling choosing him. With Marsh and Congressman Mo Brooks (AL-05) out, this race could be far less crowded than most people expected it to be.

 

 

2 hours ago

Ad challenges Doug Jones on assertion that Boston Marathon Bomber should be allowed to vote while in jail

Senator Doug Jones’ (D-AL) partisan pledge to back whomever the Democrats nominate against President Donald Trump in 2020 is already manifesting itself as a major political – and policy – blunder by the incumbent from Mountain Brook as Jones seeks re-election of his own.

Hours after the National Republican Senatorial Committee (NRSC) erected an Alabama billboard tying Jones to far-left “socialist” healthcare plans, a new video ad was released challenging Jones to answer whether he agrees with Sen. Bernie Sanders (I-VT) and Kamala Harris (D-CA), two leading contenders for the Democrats’ 2020 presidential nomination, when they said during a CNN town hall Monday evening that the Boston Marathon Bomber and all other U.S. citizens currently serving domestic prison sentences should be allowed to vote.

Watch:

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This is not the only radical policy issue that Jones has tacitly promised to support with his blanket presidential pledge, nor could it be the last.

Expect to see Republicans continue to tie Jones to national Democratic ideas that the clear majority of Alabamians disagree with. In 2016, Trump beat Hillary Clinton 62.9 percent to 34.6 percent, which was a difference of almost 600,000 votes.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

3 hours ago

Major bills to get committee hearings on Tuesday

MONTGOMERY — Tuesday is expected to be an interesting day in the Alabama legislature, as respective bills dealing with the lottery and constitutional carry are set to receive committee consideration.

State Sen. Greg Albritton’s (R-Range) lottery bill – SB 220 – and State Sen. Gerald Allen’s (R-Tuscaloosa) bill eliminating firearm permit requirements – SB 4 – are on the Senate Tourism Committee’s meeting agenda for 2:00 p.m. You can listen live here.

Additionally, State Sen. Cam Ward’s (R-Alabaster) open records reform bill, SB 237, is on the Senate Governmental Affairs Committee’s meeting agenda for 1:00 p.m. Listen live to that here.

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Both meetings are in room 825 of the State House.

SB 220 and SB 4 have each received a public hearing in recent weeks.

SB 4’s public hearing was in front of the Senate Judiciary Committee.

SB 220 is the only clean lottery legislation that has been filed this session.

SB 237 is known as the “Alabama Open Records Act.” State Rep. Chris Pringle (R-Mobile) is carrying the bill in the House.

The House will gavel in at 1:00 p.m. Tuesday, while the Senate will begin its legislative day at 3:00 p.m.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

Another state legislator looking at 2020 U.S. Senate bid

Episode five of “The Insider with Sean Ross” has the scoop on a new potential candidate looking at mounting a Republican 2020 U.S. Senate bid. This time, it is a state legislator who voted against the Rebuild Alabama Act, Gov. Kay Ivey’s infrastructure package that will raise the state fuel tax 10 cents over three years.

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Join Sean Ross for the inside scoop on all the latest from Goat Hill to Capitol Hill as he hosts “The Insider,” a podcast on the new Yellowhammer Podcast Network.

Episodes will be released as news breaks, so subscribe now to stay in the know on all things political in Alabama.

15 hours ago

Del Marsh not running for U.S. Senate in 2020

Alabama Senate President Pro Tem Del Marsh (R-Anniston) has confirmed to Yellowhammer News that he will not run for the U.S. Senate seat currently held by Sen. Doug Jones (D-AL) in 2020.

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This came after The Anniston Star published an interview Monday evening with Marsh saying, “I’m not running.”

Marsh, who has been one of Alabama’s most powerful people since the Republican takeover of the state legislature in 2010, was rumored for months to be a leading contender for the Republican U.S. Senate nomination this cycle.

However, Yellowhammer News had reported in recent weeks online and on WVNN’s “The Jeff Poor Show” that Marsh had become significantly less likely to mount a bid.

Lt. Governor Will Ainsworth (R-AL) also confirmed recently that he will not run for Jones’ seat in 2020.

Congressman Bradley Byrne (AL-01) and former Auburn University head football coach Tommy Tuberville are the only announced Republican candidates thus far.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn