§ 11.10.110. Denial, suspension, or revocation of license or permit.
A.
If the transportation inspector determines that a license application for a chauffeur's license or the application for a regulated vehicle permit or dispatch service license does not meet the requirements of this title, the transportation inspector shall deny the application. The transportation inspector shall issue a written decision to the applicant which shall state the specific reasons for that denial. Such written decision will be issued no later than seven working days of the denial.
B.
The transportation inspector shall have the power to suspend or revoke a chauffeur's license.
1.
The transportation inspector shall suspend or revoke a chauffeur's license if a chauffeur is convicted by a court of competent jurisdiction of an offense set forth in section 11.30.040.
2.
The transportation inspector may suspend or revoke a chauffeur's license upon receipt of evidence sufficient to cause the transportation inspector to conclude by a preponderance of the evidence (i.e., that it is more likely than not) that a chauffeur is incapable of controlling a motor vehicle safely. Such evidence may include violation of this title, Title 9 of this Code, and/or any relevant medical or psychological evidence presented.
3.
The transportation inspector shall deny, suspend, or revoke the chauffeur's license of any chauffeur failing or refusing to take a drug and/or alcohol test as authorized by section 11.10.085.
4.
The transportation inspector may suspend or revoke the chauffeur's license of a chronic violator. As used in this section, "chronic violator" means a chauffeur who accumulates four or more citations issued under authority of section 11.10.090 during a period of 12 consecutive months. Citations which have been dismissed on appeal do not count towards the sum of the four citations. When two or more citations are issued for separate violations related to a single incident on the same date, the incident shall count as one citation toward the sum of four. This paragraph does not preclude suspension of a license on other grounds, when less than four citations have been issued in a 12-month period.
5.
The transportation inspector shall suspend the chauffeur's license upon receipt of a criminal charging document or verifiable information disclosing the circumstances of an arrest sufficient to cause the transportation inspector to conclude by a preponderance of the evidence (i.e., that it is more likely than not) the chauffeur used a regulated vehicle, chauffeur license, or uniform to gain physical proximity or the trust of the victim for criminally offensive sexual behavior by the chauffeur. The suspension shall be immediate. The suspension shall continue until final judicial adjudication of the arrest, unless the transportation inspector makes a written finding that restrictions have been judicially imposed on the chauffeur for the period until final judicial adjudication of the arrest is complete, the public is best protected by the judicially imposed restrictions, and the public trust is preserved. For purposes of this subsection, final adjudication of the arrest includes a dismissal or withdrawal of the criminal charges, with or without prejudice.
6.
Upon suspension or revocation of a chauffeur's state driver's license, his or her chauffeur's license shall simultaneously and automatically become void. Such a chauffeur shall not thereafter operate a vehicle for which a chauffeur's license is required unless he or she is first issued a new chauffeur's license in accordance with section 11.30.040.
7.
A chauffeur must surrender his or her chauffeur's license to the transportation inspector within three days of any suspension or revocation of the chauffeur's license.
C.
Actions against permits.
1.
The transportation inspector may serve a permittee with an accusation or notice stating the intent to suspend or revoke a permit in accordance with section 3.60.025. The municipal administrative hearing officer appointed under this chapter is the official empowered to issue the final determination to suspend or revoke a permit after an administrative hearing. A permit may be suspended or revoked upon a finding that:
a.
A preponderance of the evidence supports the conclusion that the permittee has committed an offense set forth in chapters 11.10—11.40;
b.
A preponderance of the evidence supports the conclusion that the permittee has failed to use the permit in a manner and fashion consistent with the public safety and welfare; or
c.
Continued operation of the permit will result in substantial risk to the public health or welfare.
2.
Except where a permit suspension or revocation is based on imminent and substantial risk to the public health or welfare, the penalty of suspension or revocation shall not be imposed when the permittee contests it or enters an appearance with the hearing officer until the hearing officer has an opportunity to determine whether to suspend the permit during the administrative hearing process pending the final decision in accordance with this subsection. If the permittee fails to contest the notice or appear, the hearing officer may immediately suspend or revoke the permit.
The hearing officer shall address the question of suspension or revocation pending a final decision at its first hearing following the filing of the accusation or notice of suspension or revocation, and may defer the effective date of suspension or revocation action until the matter is decided. If, at its first hearing in the matter, the hearing officer finds that continued operation of the permit during the appeal process presents substantial further risk to the public health or welfare, or of continuing violations of chapters 11.10 through 11.40, the hearing officer may order the immediate suspension of the permit.
3.
The transportation inspector may immediately suspend or revoke a permit upon service on the permittee of a notice of revocation under section 3.60.025 if the transportation inspector determines that continued operation of the permit will result in immediate and substantial risk to the public health or welfare. An immediate suspension or revocation notice shall state the justification for immediate action and the hearing officer shall, at the first hearing in the matter, determine whether to continue that suspension or revocation pending the final adjudication of the matter. The hearing officer shall set a date for the first hearing at the earliest possible time in accordance with section 3.60.040A.
4.
The transportation inspector may reverse or revise a penalty, including a revocation, if a civil or criminal conviction contributing substantially to the determination of revocation of a permit is reversed on appeal to court.
D.
The transportation inspector may suspend or revoke a dispatch service license by the same process as that for permits in subsection C., upon a finding after a hearing that:
1.
During a period of 12 consecutive months, such dispatch service has been issued four citations. As used in the preceding sentence, the term "citation" means a civil citation issued for violation of any requirement of this title which has either been confirmed on appeal or was never appealed within the time limit imposed by law for such an appeal.
E.
Violation of the terms of a suspension or revocation imposed by this section is a separate violation of this title.
F.
A decision by the transportation inspector to deny, suspend, or revoke a license or permit, or to seek such action in an accusation or notice served on the licensee or permittee, shall be issued in writing separately from any citations or other penalty, and may be appealed in accordance with section 11.10.100.
(AO No. 57-75; AO No. 78-177; AO No. 80-19(S); AO No. 81-149; AO No. 84-18; AO No. 85-87; AO No. 87-8; AO No. 87-126(S); AO No. 88-21; AO No. 92-50; AO No. 93-220, § 6, 5-23-94; AO No. 93-220, § 7, 2-22-94; AO No. 93-220, §§ 8, 9, 8-21-94; AO No. 94-93(S), § 2, 5-16-94; AO No. 98-51(S), § 1, 5-4-99; AO No. 2011-91(S-2), § 3, 9-27-11; AO No. 2013-109(S-1), § 1, 12-3-13; AO No. 2018-6(S) , § 1, 4-10-18)