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Either the Regional Taxi Authority or the Chief of Police shall have the authority to immediately suspend any taxicab driver’s permit in the event the holder is arrested, charged, or cited for any violation of the CA Vehicle Code. The Regional Taxi Authority may suspend or refuse to renew any taxicab driver’s permit if the driver is:

1.Convicted of, or has plead guilty or nolo contendere to, the violation of any law within the last five years involving the commission of a misdemeanor, including, but not limited to, any sexual offense; the illegal use, possession or distribution of drugs or other controlled substances; any charge involving robbery, theft, stolen property, assault, battery; or any crime involving moral turpitude that occurred within the past five years;

2.Convicted of driving recklessly or while under the influence of alcohol or controlled substances;

3.Has his or her driver’s license suspended or revoked;

4.Found to test positive for any controlled substance or alcohol during any test;

5.Found to have violated any provision of this chapter; or

6.Found to have provided false information or omitted information required on a taxicab driver’s permit application.

Any driver whose permit has been suspended may, within 10 days, file an appeal with the Regional Taxi Authority Board of Directors. If no appeal is received within 10 days, the taxicab permit shall be considered revoked and there will be no further right to an appeal, unless the Regional Taxi Authority finds that there are reasonable grounds for failing to appeal within the 10-day period. The Board of Directors shall hold a duly noticed public hearing appeal within 60 days from receiving the appeal, unless the taxicab driver agrees to an extension or requests an expedited hearing. If an expedited hearing is requested, the Regional Taxi Authority shall endeavor to set an earlier date for the hearing but is not required to set an earlier date.

The hearing shall comply with the applicable provisions for the protection of the due process rights of the taxicab driver and the taxicab driver will be given the opportunity to be heard. The Regional Taxi Authority Board of Directors shall adopt rules for conducting the hearing in compliance with applicable due process procedures. The Board shall either grant or deny the appeal based on substantial evidence and shall support its decision with factual findings, in writing. The decision of the Board will issue within 10 days of the conclusion of the hearing and will be final. If the Board upholds the appeal, the taxicab driver’s permit shall be reinstated. If the Board denies the appeal, the taxicab driver’s permit shall be revoked and may only be reinstated as set forth in this chapter.

A taxicab driver shall not operate a taxicab during the time period in which the driver’s permit is suspended. The Regional Taxi Authority may, but is not required to, issue a temporary permit as set forth below, which will allow the taxicab driver to temporarily operate until such time as the Regional Taxi Authority Board of Directors has issued a final decision. In order to issue such a permit, the Regional Taxi Authority must, in addition to the requirements set forth below, make the findings that the public safety and health will not be harmed by the issuance of a temporary driver’s permit and unusual circumstances exist which require the issuance of a temporary driver’s permit. (Ord. 3450 § 1, 2010. Formerly 36-34)