Form Mf 04-7 - Motor Fuel Distributor - 5 Day Revocation Page 6
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10The Department argues that ABC’s initial bond was $0. Based upon ABC’s history, including a
check returned for insufficient funds in the amount of $86,000, and established liabilities of
$100,000 at the time of the hearing, the bond of $227,900 is reasonable. (Tr. pp. 39-44)
I agree with the Department. ABC has had a troubled financial history since 2000 when
the Department issued its first request for a bond. ABC’s testimony regarding the timing of the
insufficient funds check for $86,000 was conflicting. At one point ABC, stated in response to
questions of the Department:
Q. Ms. Doe, would you say that you are currently in arrearage on
some tax to the Department?
A. Yes, we are.
Q. And do you know the amount of that?
A. It’s close to $100,000.
Q. All right. Have you also had -- have you in the past provided
checks to the Department for tax that have been returned for
nonsufficient funds --
A. Yes.
Q. --on your accounts?
A. Uh-huh.
Q. Has that happened more than once since 2001?
A. Yes.
Q. And is that what you are talking about when you talked about
cash flow problems?
A. Uh-huh, yes.
* * *
Q. And is it possible that the amounts of those checks were as
high as $86,000 at the highest?
A. What time period are we talking about?
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