(Amended by Ordinance No. 188972, effective June 29, 2018.)
A. Suspension. Any permit, certification, decal, or taxiplate issued under Chapter 16.40 may be suspended by the Director if the Director finds reasonable grounds to believe that any of the following apply:
1. A temporary suspension is necessary to protect the public safety;
2. The permittee’s insurance is not current;
3. The permittee has failed to fully pay a civil penalty when due and the permittee did not file a timely appeal; or
4. At any time, the permittee fails or no longer meets or complies with any section of this chapter.
B. Revocation. Any permit, certification, decal, or taxiplate issued under Chapter 16.40 may be revoked by the Director if the Director finds reasonable grounds to believe that any of the following apply:
1. The revocation is necessary to protect the public safety;
2. The permittee did not comply with the terms and conditions of a temporary suspension;
3. The permittee is found operating as a for-hire company or driver while on suspension;
4. Permittee has fraudulently altered the calibration of the driver’s taximeter or computer/application based metered system;
5. The permittee has provided either the City, an insurance agent, or an insurance carrier with materially false information regarding vehicle insurance; or
6. The permittee has incurred a total of five penalties and/or suspensions during any consecutive 12-month period.
C. Simultaneous Revocation. In the event that a PFHT company permit is revoked, all vehicle decals, certifications, and/or taxiplates assigned to that company are simultaneously revoked and void.
D. Notice Requirements for Revocations and Suspensions. If the Director has reasonable grounds to move against a permit based on any factor found in Subsections 16.40.940 A. or B., the Director will send a “Notice of Proposed Suspension” or a “Notice of Proposed Revocation” to the permittee by both regular mail and certified mail (return receipt requested). The City may send a courtesy copy to the permittee by email at an email address the permittee has placed on file with the City. The written notice must include the following:
1. The Director’s findings concerning the alleged violation;
2. Notice that alleged violator has 10 business days from the date of the letter in which to file a written response to the Director if the permittee denies that any violation has occurred;
3. The terms, conditions, and timeframe of the proposed suspension, if applicable; and
4. The permittee’s appeal rights, including a statement informing the driver of the Director’s position regarding a stay of the decision pending appeal.
E. Actual Notice Presumed. Actual notice of the proposed suspension or revocation is presumed after 5 days of mailing the notices described in Subsections 16.40.940 D.
F. Effective Date of Suspensions and Revocations. Suspensions and revocations automatically take effect 10 business days after the date of the City’s notice as provided in Subsections 16.40.940 D. and E., except that they are effective immediately if the Director finds reasonable grounds to believe that:
1. A permittee is not covered by liability insurance as required by Sections 16.40.130 or 16.40.230, 16.40.330, 16.40.430, 16.40.630, 16.40.530, or 16.40.830; or
2. Continued operation by the permittee would cause, or is likely to cause, an unreasonable risk of harm to public health or safety.
3. A permittee has refused to submit to a required compliance audit.
G. Suspension Length. If the suspension resulted from failing to meet code requirements, failure to pay a civil penalty, or due to an ongoing code violation, the suspension continues until the penalty is paid or the violation is corrected. The permittee must not operate until they have satisfied the City or certifying authority’s requirements that all penalties are paid and the violation has been corrected.
H. Right to a Stay. The City will apply Subsection 16.40.950 G. to determine if the City will stay a suspension or revocation pending appeal.
I. Renewal Not Allowed After Revocation or During Suspensions. Permits, decals, and taxiplates that have been revoked during their term are not renewable. Permits, certifications, decals, and taxiplates that are in suspended status at the time of renewal are not renewable unless the suspension is for a specific number of days. Drivers and companies whose permits, decals, or taxiplates were not renewable due to a prior revocation or suspension are required to successfully complete the initial application process to obtain another permit, decal, or taxiplate.
J. Cancellation. The permit or certification approval authority created under this Chapter extends only to approving permits in conformance with all requirements of this Chapter.
1. Certification authorities shall not issue a permit upon an application or facts that demonstrate failure to comply with any requirement of this Chapter.
2. The City may cancel any permit issued, approved, or renewed in conflict with the provisions of this Chapter. To cancel a permit, the City will follow these procedures:
a. If the Director has reasonable grounds to cancel a permit, the Director will send a “Notice of Cancellation” to the permittee by both regular mail, and certified mail (return receipt requested). The City may send a courtesy copy to the permittee by email at an email address the permittee has placed on file with the city.
3. Effect of cancellation. Cancellation of a permit voids the permit immediately. In all other respects a cancelled permit is deemed to have never existed. No person whose permit has been cancelled may conduct business until a valid permit or certification has been issued.
4. Actual notice presumed. Actual notice of the cancellation is presumed five days after the latest date on which the City mailed a notice described in Subsection 16.40.940 J.2.a.