Section 19-512.1. Revocation of taxicab licenses  


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  • a. The commission may, for
      good cause shown relating to a direct  and  substantial  threat  to  the
      public  health  or  safety and prior to giving notice and an opportunity
      for a hearing, suspend a taxicab  or  for-hire  vehicle  license  issued
      pursuant  to  this  chapter  and,  after notice and an opportunity for a
      hearing, suspend or  revoke  such  license.  The  commission  may  also,
      without  having suspended a taxicab or for-hire vehicle license, issue a
      determination to seek suspension or revocation of such license and after
      notice and an opportunity for a hearing, suspend or revoke such license.
      Notice of such suspension or of a determination  by  the  commission  to
      seek  suspension  or revocation of a taxicab or for-hire vehicle license
      shall be served on the licensee by personal delivery or by certified and
      regular mail within five calendar days of the pre-hearing suspension  or
      of such determination. The licensee shall have an opportunity to request
      a  hearing  before  an administrative tribunal of competent jurisdiction
      within ten calendar days after receipt of any  such  notification.  Upon
      request such hearing shall be scheduled within ten calendar days, unless
      the   commission   or   other   administrative   tribunal  of  competent
      jurisdiction determines that such hearing would  be  prejudicial  to  an
      ongoing  criminal  or  civil  investigation. If the tenth day falls on a
      Saturday, Sunday or holiday,  the  hearing  may  be  held  on  the  next
      business  day.  A  decision  shall  be  made  with  respect  to any such
      proceeding within sixty calendar days after the close of the hearing. In
      the event such decision is not made within that time period, the license
      or medallion which is the subject of the proceeding shall be returned by
      the commission to the licensee and deemed to be in full force and effect
      until such  determination  is  made,  unless  the  commission  or  other
      administrative  tribunal  of  competent jurisdiction determines that the
      issuance of such  determination  would  be  prejudicial  to  an  ongoing
      criminal or civil investigation.
        b.  It  shall be an affirmative defense that the holder of the taxicab
      or for-hire vehicle license or the owner  of  the  taxicab  or  for-hire
      vehicle  has  (1)  exercised due diligence in the inspection, management
      and/or operation of the taxicab or for-hire vehicle and (2) did not know
      or have reason to know of the acts of any other person with  respect  to
      that  taxicab or for-hire vehicle license or taxicab or for-hire vehicle
      upon which a suspension, proposed suspension or proposed  revocation  is
      based.   With respect to any violation arising from taximeter tampering,
      an owner's due diligence shall include, but not  be  limited  to,  those
      actions  set forth in subdivision h of section 19-507.1 of this chapter.
      Any  pre-hearing  suspension  period  shall  be  counted   towards   any
      suspension period made in any final determination.