§ 19-663. Issuance, renewal, suspension and revocation of permit agreements.

(a)

The director shall refuse to issue or renew a permit agreement if the applicant:

(1)

Does not meet the requirements in the permit application, including failing to meet any requirements established by the director;

(2)

Intentionally or knowingly makes a false statement as to a material matter in an application for a permit agreement; or

(3)

Has been convicted twice within a 12-month period for a violation of this article, or has had a permit agreement revoked within two (2) years of the date of application.

(b)

If the director determines that a permit agreement should be denied, the director shall notify the applicant or operator in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or operator of the right to, and the process for, appeal of the decision.

(c)

The director shall revoke a permit agreement if the director determines that the permit holder has:

(1)

Made a false statement as to a material matter in the application concerning the operating authority permit;

(2)

Failed to maintain the insurance required by this article;

(3)

Operated dockless vehicles in excess of the number authorized by the permit agreement; or

(4)

Failed to pay a fee required by this article.

(d)

After revocation of an operating authority permit, an operator is not eligible for another permit for a period of up to two (2) years, depending on the severity of the violation resulting in the revocation.

(e)

Any person whose application for a permit agreement, or renewal of a permit agreement, is denied by the director, or an operator whose permit agreement has been revoked or suspended by the director, may file an appeal with the director, who shall forward the notice of appeal with the city manager or the city manager's designee, for appointment of an independent hearings officer to preside over the appeal:

(1)

The hearings officer shall conduct a hearing on the matter within thirty (30) days of the request for the hearing unless one of the parties requests a continuance for good cause.

a.

Every person who appeals shall have the right to appear in person or through an attorney;

b.

Every person who testifies at a hearing shall testify under oath, the person who appealed and the city have the right to produce evidence, and subpoena and call witnesses; and

c.

The burden of proof is on the city by a preponderance of the evidence that the decision of the director should be upheld.

(2)

The hearings officer shall render a decision within thirty (30) days of the conclusion of the hearing.

(3)

The hearings officer shall have the sole authority for upholding or overruling the action of the director which was appealed.

(4)

The decision of the hearings officer shall be final.

(Ord. No. 2018-10-11-0803 , § 1, 10-11-18)