§ 33-033. Right to appeal director's decisions; hearing officer established; procedure for appeals established; actions.

(a)

A holder or driver may appeal to a hearing officer a decision by the director to revoke, suspend, or deny an operating permit, vehicle permit, or driver permit. The city manager shall appoint a hearing officer for such appeals. Such hearing officer is hereby authorized to affirm, modify, or reverse the director's decisions which shall not become final unless affirmed by the hearing officer.

(b)

Upon the holder or driver receiving notice of the director's decision, said holder or driver shall have ten (10) business days from the date of receipt thereof during which to appeal such decision to the hearing officer. The appeal shall be in writing, accompanied by an appeal fee of one hundred dollars ($100.00), and directed to the director. If no appeal is made to the hearing officer within ten (10) business days after receipt of the director's decision, the director's decision shall become final.

(c)

Upon revocation, suspension, or denial of a vehicle permit or driver permit by the director, the holder or driver shall immediately cease operation of such service or vehicle, whether or not an appeal is filed. This section shall not apply in the case of a vehicle which may be operated for ten (10) days following the director's action under subsection 33-070(d) of this chapter.

(d)

Upon revocation, suspension or denial of an operating permit by the director, the holder shall cease operations, except that a holder who appeals the suspension or revocation of an operating permit and is in compliance with the bond and insurance requirements of this chapter may continue to operate the service until the final decision on the appeal. Operating permit suspensions and denials shall be appealed to a hearing officer. Operating permit revocations shall be appealed to city council.

(e)

Upon the scheduling of the hearing officer's review of the director's decision, the holder or driver shall be given an opportunity to appear before said officer and present to him any information, including witnesses, which may be of assistance in arriving at a decision on the matter.

(f)

Upon action being taken by the hearing officer, the director shall promptly and without delay act in accordance therewith and pursuant to the directions thereof.

(g)

If any such permits expire at no fault of the holder or driver before a ruling on the revocation or suspension of such permits, the holder or driver may continue to operate the ground transportation service or the vehicle pending a final decision on the matter. The holder or driver, however, shall immediately cease operation of such service or vehicle upon revocation or suspension of any such permits by the hearing officer. A suspension of any such permits shall not affect the expiration date.

(Ord. No. 2014-12-11-1002, § 1(Att. A), 12-11-14)