Chapter 23 TAXICABS*
ARTICLE VI. TAXICAB OWNER AND OPERATOR PERFORMANCE MEASUREMENTS
Sec. 23-49. Contested complaints, hearing procedure.
(a) The commission shall hold a hearing within forty-five (45) days
upon receiving notice of intent to defend from respondent.
(b) A hearing
shall be presided over by a quorum of the commission.
(1) Both complainant
and respondent shall have the right to present witnesses to testify to presiding
members of the commission.
(2) The hearing shall be conducted informally,
without legal rules of evidence.
(3) The complainant and complainant’s
witnesses shall present first.
(A) The respondent shall have the right to
question the complainant and their witnesses.
(B) Members of the commission
presiding over the hearing shall have the right to question the complainant and
the complainant’s witnesses.
(4) The respondent may testify and may
have witnesses testify on their behalf.
(A) The respondent does not have to
present any defense.
(B) The complainant shall have the right to question
the respondent and any witness presented by the respondent.
(C) Members of
the commission presiding over the hearing shall have the right to question the
respondent and the respondent’s witnesses.
(c) Members of the
commission shall either sustain or not sustain a complaint after all individuals
who wish to be heard have been heard.
(d) The commission shall not sustain a
complaint unless it is satisfied that the complaint has been proven by a
preponderance of the evidence presented at the hearing.
(e) Members of the
commission who have presided over a hearing and sustained a complaint shall
issue sanctions in conformity with section 23-49 of this article.
(f) The
commission shall provide the respondent with a list of all sanctions made in
writing within ten (10) days after the commission’s sustaining of a
complaint. (Ord. No. G-04-10, 6-3-04)
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