§ 11.10.100. Hearings—Appeals.  


Latest version.
  • A.

    A person aggrieved by the denial, suspension, or revocation of a chauffeur's license, or the denial of a permit or dispatch service license by the transportation inspector under provisions of chapters 11.10—11.40 may, within 15 days of the denial, suspension, or revocation decision, and upon payment of the filing fee required by section 11.10.160, appeal that decision to the administrative hearing officer appointed under this chapter.

    B.

    In addition to sustaining the denial, suspension, or revocation of a chauffeur's license by the transportation inspector, the hearing officer may authorize the conditional or unconditional issuance or reinstatement of a denied, suspended, or revoked license upon the hearing officer's finding, by a clear and convincing evidence, any one or more of the following:

    1.

    The appellant fully meets the requirements of this title, and denial of the license or permit by the transportation inspector is in error.

    2.

    The appellant has been rehabilitated and demonstrates the ability to responsibly exercise the benefits and obligations of a licensee or permittee under chapters 11.10—11.40.

    3.

    The transportation inspector exceeded his or her authority.

    4.

    Continued suspension of or refusal to issue or reinstate the license would otherwise work a substantial injustice contrary to the provisions of chapters 11.10—11.40.

    C.

    An appeal from any final decision of the hearing officer under this title shall be made to the Superior Court, Third Judicial District, Anchorage, Alaska, no later than 30 days following service of that decision upon the affected chauffeur or permittee or dispatch company at their last known address. Review by the court shall be limited to determining whether the decision of the hearing officer is supported by substantial evidence.

    D.

    A permittee, a chauffeur or a dispatch service who has been issued a civil citation imposing a fine set forth in section 14.60.030 may request a hearing under the procedures set forth in chapter 14.30. A person who has been subjected to a penalty under the provisions of chapters 11.10 through 11.40, other than a permit or dispatch license suspension or revocation, for which no fine is included in section 14.60.030 may appeal that penalty to the administrative hearings officer designated in this chapter and the appeal shall be conducted under the provisions of chapter 3.60.

    E.

    A permittee, a chauffeur or a dispatch service who seeks to appeal a citation, penalty, denial, suspension, or revocation after expiration of the appeal filing period shall file a letter with the transportation inspector within 30 days from the date of the close of the applicable appeal period stating the reasons with good cause why he or she did not appeal within the applicable period. This subsection shall not apply to a permit or dispatch license suspension or revocation action under section 11.10.110 C.; a request to allow an untimely or late appearance after the administrative hearing is held in such an action shall be by motion to the administrative hearing officer whom shall decide the motion using independent judgment. The transportation inspector shall forward the letter to the commission for consideration at its next regularly scheduled meeting.

    1.

    The Transportation commission shall consider each letter as a request to waive for good cause strict enforcement of the filing deadline. The transportation commission shall not waive the filing deadline unless good cause is shown and the commission finds waiver of strict enforcement will not promote use of the permit contrary to the public safety and welfare, or prejudice the Municipality's enforcement of chapters 11.10—11.40.

    2.

    The Transportation commission's determination shall be based on the letter and supporting documentation on whether the deadline for appealing the transportation inspector's determination to the hearing officer should be waived for good cause.

    3.

    An applicant for waiver of the appeal deadline must demonstrate compelling reasons or circumstances which would prevent a reasonable person under the circumstances from filing a timely appeal.

    4.

    The transportation inspector shall notify the applicant of the decision on the waiver within five days of receipt of the request. If the request is granted, the waiver applicant may file a notice of appeal with the transportation inspector. If the request is denied, the transportation commission's denial may be appealed to the administrative hearing officer.

(AO No. 57-75; AO No. 78-177; AO No. 79-58; AO No. 80-19(S); AO No. 81-149; AO No. 84-18; AO No. 85-87; AO No. 87-126(S); AO No. 88-21; AO No. 93-220, § 5, 2-22-94; AO No. 98-51(S), § 1, 5-4-99; AO No. 2011-72, § 1, 6-28-11; AO No. 2011-91(S-2), § 2, 9-27-11; AO NO. 2013-109(S-1), § 1, 12-3-13)