HomeMy WebLinkAbout97-96 - Adopting Orange County Taxi Administration Program Regulations and Business License FeeRESOLUTION NO. 7-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADOPTING ORANGE
COUNTY TAXI ADMINISTRATION PROGRAM
REGULATIONS AND BUSINESS LICENSE FEE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, Government Code Section 53075.5 requires the City to adopt an
ordinance or resolution in regard to taxicab transportation service within the City,
including regulation of employment of taxicab drivers, establishment or registration of
rates for taxicab transportation service, and a drug and alcohol testing program; and
WHEREAS, the City of Costa Mesa has entered into an interagency agreement
with the Orange County Transportation Authority in which the City agreed to
participate in the Orange County Taxi Administration Program ("OCTAP") and the
Orange County Transportation Authority agreed to provide the staff and administrative
services necessary to implement the program; and
WHEREAS, OCTAP has also established certain regulations for taxicab drivers,
insurance, equipment, mechanical condition, and other aspects of taxicab operations,
designed to protect the health, safety, and welfare of persons utilizing taxicab
services in member cities; and
WHEREAS, OCTAP will provide all services necessary for the City to comply
with Government Code Section 53075.5 regarding regulation of taxicab transportation
services within the City; and
WHEREAS, the City Council has reviewed and approves the regulations
established by OCTAP;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, California, does hereby:
1. Adopt the regulations as established by OCTAP, which regulations are
attached hereto as Exhibit 1, and incorporated herein by this reference;
2. Authorize the Orange County Transportation Authority to establish fees
for OCTAP permits and other services not to exceed the cost of administering the
program;
3. Authorize the City Manager or his designee to approve minor
modifications to the rates of fare and regulations as established by OCTAP; and
4. Approve a business license fee for taxicabs as set forth in the business
license fee schedule attached hereto as Exhibit 2, and incorporated herein by this
reference.
PASSED AND ADOPTED this 17th day of Nov
ATTEST:
---� !-
Deputy City Cler of the City of Costa Mesa
er, 1997.
Mayor of the City of
/ROVED AS TO FORM _
-- ���#•.P II - 7 qi
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 17th day of November, 1997. vote:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 18th day of November, 1997.
7—
Deputy
Deputy Cit Jerk and ex -officio Clerk of
the City Cou cil of the City of Costa Mesa
OCTAP SCHEDULE OF RATES OF FARE
$1.90 first 1/6 mile
$0.30 each additional 1 /mile
$22.00 maximum per hour waiting fee
No charge for first three minutes waiting time
No extra charge for additional passengers
Exhibit 1
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM ("OCTAP")
1 . PURPOSE.
1.1 These regulations implement the provisions of Ordinance No. 97-_ regulating
taxicab service within the City.
2. DEFINITIONS.
2.1 Driver means a person who drives or controls the movements of a taxicab.
2.2 Driver's Permit means a valid permit issued by OCTAP authorizing a person to
drive or control the movements of a taxicab.
2.3 OCTA means the Orange County Transportation Authority.
2.4 OCTAP means the Orange County Taxi Administration Program administered
by the Orange County Transportation Authority.
2.5 Company includes natural person, firm, association, organization, partnership,
business, trust, corporation or public entity.
2.6 Taxicab means a vehicle capable of carrying not more than eight persons,
excluding the driver, and used to carry passengers for hire. The term shall exclude a
vehicle operating as a Charter Party Carrier licensed as such by any State agency,
including the Public Utilities Commission, or any other vehicle having a Certificate of
Public Convenience and Necessity issued by any State agency, including the Public
Utilities Commission.
2.7 Taxicab Business Permit means a valid permit issued by OCTAP authorizing a
company to operate a taxicab business in any participating city which allows the
company to serve that city.
2.8 Taxicab Vehicle Permit means a valid permit issued by OCTAP authorizing a
particular vehicle to be operated as a taxicab.
3. TAXICAB BUSINESS PERMITS
3.1 No company shall operate a taxicab business within the City without having
first obtained a Taxicab Business Permit from OCTAP.
3.2 A Taxicab Business Permit shall be issued from OCTAP if the following
conditions have been satisfied:
3.2.1 Submission of a completed Taxicab Business Permit application;
3.2.2 Submission of a copy of applicant's drug and alcohol policy meeting
OCTAP requirements;
3.2.3 Submission of evidence of insurance, in full force and effect, in such
form as required by OCTAP, issued by a solvent and responsible company licensed to do
business in the State, insuring the applicant against loss by reason of injury or damage that
may result to persons, including taxicab passengers, or property, from the negligent
operation or maintenance of such taxicab. Applicant shall provide a Certificate of Insurance
showing that the applicant is insured for minimum combined single limit of one million
dollars ($1,000,000.00) for the injury or death of one or more persons in the same
accident, and one thousand dollars ($1,000.00) for injury or destruction of property. In
addition, applicant shall provide certified copies of endorsements to the insurance policy: 1)
naming the cities participating in OCTAP and the OCTA, its officers, directors, employees
and agents as additional insured; and 2) indicating that coverage shall not be reduced,
terminated or canceled without thirty (30) days prior written notice to OCTAP. OCTAP
reserves the right to request certified copies of all related insurance policies;
3.2.4 Submission of financial documents and other information as required by
OCTAP;
3.2.5 Submission of Department of Motor Vehicles ("DMV") Pull Notice
Program Requester Code Number issued to applicant as defined in Vehicle Code section
1808.1. Company is required to immediately notify the OCTAP Administrator if it receives
a DMV Pull Notice on one of their drivers which would affect the driver's OCTAP Driver's
Permit. In the event the driver's DMV record indicates he/she no longer qualifies for a
Driver's Permit, company shall require driver to turn over Driver's Permit to company.
Company shall return the Driver's Permit to the OCTAP Administrator. DMV Pull Notice
records shall be made available to the OCTAP Administrator upon request;
3.2.6 Submission of proof of current California Department of Motor Vehicles
registration for each vehicle listed in the Taxicab Business Permit application. All vehicles
listed in the Taxicab Business Permit application shall be owned by the applicant;
3.2.7 Every owner, partner or principal officer of applicant has submitted to
fingerprinting by the Orange County Sheriff's Department;
3.2.8 Every owner, partner or principal officer of applicant has successfully
cleared a local background check; and
3.2.9 Submitted payment of all applicable fees including but not limited to
background check fee, Taxicab Business Permit application fee, Taxicab Vehicle Permit
application fee, etc.
3.3 A Taxicab Business Permit .shall be denied if any owner, partner or principal
officer of applicant fulfill any of the following grounds for denial.
3.3.1 Under the age of 18 years.
3.3.2 Falsification of material information on application for Taxicab Business
Permit within the past one (1) year.
3.3.3 Registered sex offender pursuant to California Penal Code section 290.
3.3.4 On formal probation or parole for any offense outlined in Section 3.3 of
these regulations.
3.3.5 Conviction (or plea of guilty or nolo contendere) in any state for any of
the following: murder, robbery, pandering, pimping, crimes related to the sale or
transportation of controlled substances, crimes involving the use of a weapon, or any other
offense involving moral turpitude or any crime that is substantially related to the
qualifications, functions or responsibilities of a taxi owner.
3.3.6 Conviction (or plea of guilty or nolo contendere) in any state for a felony
other than those listed in the previous section with eight (8) years of application.
3.3.7 Any conviction within five (5) years of application (or plea of guilty or
nolo contendere) in any state or any final administrative determination of a violation of any
statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar
business operation which would have resulted in suspension or revocation of the Taxicab
Business Permit under these regulations.
3.4 At the time the Taxicab Business Permit application is submitted, applicant
shall provide to OCTAP a list of drivers authorized to operate the vehicles identified in the
Taxicab Business Permit.
3.4.1 Permittee shall provide OCTAP with notice by facsimile within 72 hours
in the event that any driver is listed in the Taxicab Business Permit is no longer authorized
to operate a vehicle identified in the Taxicab Business Permit.
3.5 Upon company's successful satisfaction of the conditions listed above,
company shall be issued an OCTAP Taxicab Business Permit.
3.6 Once OCTAP issues a Taxicab Business Permit, the company must then be
authorized by the City and paid any applicable business license tax before operating in the
City.
3.7 A Permittee may add additional drivers to its list of drivers authorized to
operate the vehicles identified in the Taxicab Business Permit, provided that:
3.7.1 Permittee has submitted to OCTAP an Intent to Hire/Intent to Lease a
Taxicab form identifying the driver as being employed or given a written offer of
employment or as being a self-employed independent contractor of the company; and
3.7.2 The driver to be added has been issued a Driver's Permit by OCTAP
which states the driver is affiliated with the Permittee and identified as either an employee
or leased driver.
3.8 The Taxicab Business Permit is valid for one (1) year from the date of issuance
unless sooner suspended or revoked.
3.9 At least thirty (30) days prior to expiration of the Taxicab Business Permit, the
Permittee should submit an application for renewal of its Taxicab Business Permit pursuant
to Section 3 of these regulations.
3.10 A Taxicab Business Permit may be suspended or revoked by the OCTAP
Administrator for the following reasons:
3.10.1 Providing false or inaccurate information in the Taxicab Business
Permit application.
3.10.2 Allowing operation of a taxicab by a person not in possession of
a valid Driver's Permit stating that the driver is affiliated with the company; or
3.10.3 Failure to comply with the applicable provisions of these
regulations; or
3.10.4 Failure of authorized drivers to comply with the applicable
provisions of these regulations; or
3.10.5 Operation of any taxicab at a rate of fare other than those fares
adopted by the City; or
3.10.6 Failure to cooperate with local agency law enforcement, code
enforcement officers, and/or OCTAP Administrator.
3.11 In lieu of revocation or suspension, the OCTAP Administrator may impose a
fine, or a fine and a period of suspension.
3.12 A Taxicab Business Permit applicant may appeal a permit denial, suspension or
revocation in accordance with the appeal provisions set by OCTAP.
4. VEHICLE INSPECTIONS
4.1 Upon issuance of a Taxicab Business Permit and prior to operating. Permittee
shall bring each vehicle listed in the Permit to the OCTAP facility for a vehicle inspection.
OCTAP may, at its discretion, conduct vehicle inspections at the operator's facility.
4.2 Upon meeting all requirements and passing the vehicle inspection, OCTAP
shall issue a nontransferable Taxicab Vehicle Permit sticker for each approved vehicle. The
Taxicab Business Permit sticker shall immediately be affixed to the left-hand corner of the
rear windshield of the vehicle for which the sticker is issued. The Taxicab Vehicle Permit is
valid for one (1) year.
4.3 Vehicles that fail a vehicle inspection shall pay the re -inspection fee and be
presented for re -inspection after the identified corrections have been made. If such
corrections have been made and if the vehicle otherwise complies with these vehicle
inspection standards, a Taxicab Vehicle Permit shall be issued.
4.4 In addition to the initial and annual vehicle inspection, all taxicabs operated
under OCTAP shall submit to on -the -road or random inspections by OCTAP inspectors or
authorized city peace officers and code enforcement officials when requested. Failure to
submit to an inspection may result in revocation of the Taxicab Vehicle Permit. The
OCTAP inspector shall complete an inspection report at the time of inspection which shall
indicated, in the opinion of the OCTAP inspector, what repairs, if any, need to be made to
the vehicle. One copy of the report shall be given to the driver. OCTAP shall mail a copy
of the report to the company to whom the vehicle is registered.
4.4.1 If the inspection report indicates the need for repairs to a vehicle, the
company is required to bring the vehicle to OCTAP for re -inspection within the time frame
provided in the report to verify that the required repairs have been made. A re -inspection
fee shall be required at the time of re -inspection.
4.4.2 In the event that repairs have not been made to a vehicle within the
time frame provided for in the report, the Taxicab Vehicle Permit sticker shall be revoked
until corrections have been made to the satisfaction of OCTAP.
4.5 Permittee may replace any of the vehicles listed in the Taxicab Business
Permit with another vehicle upon satisfaction of the following conditions:
4.5.1 Surrender of the vehicle to be replaced to OCTAP for removal of the
Taxicab Vehicle Permit sticker;
and
4.5.2 Successful passing of a vehicle inspection by the replacement vehicle;
4.5.3 Payment of Taxicab Vehicle Permit transfer fee.
4.5.4 Upon satisfaction of the conditions stated above, OCTAP shall delete
the vehicle identification number of the vehicle to be replaced in the Taxicab Business
Permit and add the vehicle identification number of the replacement vehicle. OCTAP shall
issue a new Taxicab Vehicle Permit sticker for the replacement vehicle which shall be valid
for the term remaining under the Taxicab Vehicle Permit sticker of the replaced vehicle.
4.6 The Taxicab Business Permit shall be renewed annually by bringing each
vehicle listed in the permit application to the OCTAP facility for a vehicle inspection and
paying all applicable fees. OCTAP may, at its discretion, conduct vehicle inspections at the
operator's facility.
4.7 Upon the successful completion of the vehicle inspection, OCTAP shall place a
new expiration date sticker on the Taxicab Vehicle Permit sticker for each of the vehicles
registered in the Taxicab Business Permit.
5. DRIVER'S PERMITS
5.1 No person shall drive a taxicab within an OCTAP city without having first
obtained either a temporary or a permanent Driver's Permit from OCTAP.
5.2 A temporary Driver's Permit may be obtained from OCTAP provided that the
prospective driver has satisfied the following conditions:
5.2.1 Submitted a completed Driver's Permit application;
5.2.2 Submitted the Driver's Permit application fee;
5.2.3 Presented a valid California Drivers License;
5.2.4 Submitted two current 2" x 2" professional quality color photos
(passport photos) of the applicant;
5.2.5 Submitted an Intent to Hire/Intent to Lease a Taxicab form signed by
the company for whom the applicant intends to drive a taxicab;
5.2.6 Successfully passed a drug and alcohol screening test within the
previous 30 days in compliance with California Government Code §
53075.5(b)(3);
5.2.7 Submitted to fingerprinting by the Orange County Sheriff's Department;
5.2.8 Successfully cleared a local background check; and
5.2.9 Submitted payment of all applicable fees, including the background
check fee and Driver's Permit application fee.
5.3 The temporary Driver's Permit shall be valid for 90 days and shall be replaced
by a permanent Driver's Permit within such 90 days unless extended by OCTAP for a
specified period.
5.4 A permanent Driver's Permit shall be issued once the applicant has
successfully cleared a State Department of Justice background check.
5.5 A permanent Driver's Permit is valid one (1) from the date the temporary
Permit was issued, unless sooner suspended, revoked or otherwise terminated.
5.6 A driver who has been issued an OCTAP Driver's Permit may only pick up
passengers in those cities which have authorized the company he/she represents.
5.7 At least ten (10) working days prior to expiration of the Driver's Permit, the
driver should re -apply for a Driver's Permit pursuant to Section 5 of these regulations.
5.8 All Driver's Permits issued by OCTAP, including temporary Driver's Permits,
shall be valid only for the driver's operation of a taxicab for the company indicated on the
Driver's Permit. No driver may operate a taxicab for a company other than the company
listed on the Driver's Permit.
5.9 A replacement Driver's Permit may be obtained from OCTAP provided that the
driver has satisfied the following conditions:
5.9.1 Submitted a replacement Driver's Permit form along with the Driver's
Permit replacement fee; and
5.9.2 Provided one current 2" x 2" professional quality color photo (passport
photo).
5.10 The replacement Driver's Permit shall expire on the same date as the replaced
Permit.
5.11 A Driver's Permit applicant may appeal a permit denial in accordance with the
appeal provisions set by OCTAP.
5.12 A Driver's Permit shall be denied if applicant meets any of the following
grounds for denial:
5.12.1 Under the age of 18 years.
5.12.2 Does not possess a valid California Driver's License (Class C).
5.12.3 Falsification of material information on application for Driver's
Permit within the past one (1) year.
Code § 290.
5.12.4 Required to register as a sex offender pursuant to California Penal
5.12.5 On formal probation or parole for any offense outlined in Section
5.11 of these regulations.
5.12.6 Any conviction (or plea of guilty or nolo contendere) in any state
of any of the following or their equivalent murder; a violation of California Vehicle Code §
2800.2 (pertaining to disregard for safety of persons or property), § 2800.3 (pertaining to
flight from peace officer causing death or bodily injury) or § 20001 (pertaining to duty to
stop at scene of accident); robbery; pandering; pimping; crimes related to the use, sale,
possession, or transportation of controlled substances; crimes involving weapons; any
crime for which registration would be required under California Penal Code § 290; or any
other offense involving moral turpitude or any crime that is substantially related to the
qualifications, functions or responsibilities of a taxi driver.
5.12.7 Conviction of a felony other than those listed in the previous
section within eight (8) years of application.
5.12.8 Conviction of any of the following within five (5) years of
application; reckless driving; driving under the influence of intoxicating liquors or drugs; a
violation of California Vehicle Code § 2800.1 (pertaining to flight from peace officer); §
2002 (pertaining to duty where property damaged); § 20003 (pertaining to duty upon
injury or death) or any corresponding substitute sections; vehicular manslaughter, assault or
battery.
5.13 A Driver's Permit may be suspended or revoked by the OCTAP Administrator
for the following reasons:
regulations;
5.13.1 Failure to comply with the applicable provisions of these
5.13.2 Circumstances furnishing grounds for the denial or refusal to
renew the Driver's Permit as outlined in these regulations;
License;
5.13.3 Revocation or suspension of Permittee's California Driver's
5.13.3 Failure to cooperate with local agency law enforcement, code
enforcement officers and/or OCTAP Administrator; or
5.13.4 Notification to OCTAP by the taxicab company that the Permitee
is no longer an authorized driver.
5.14 In lieu of revocation or suspension the OCTAP Administrator may impose a
fine, or a fine and a period of suspension.
6. VEHICLE INSPECTION STANDARDS
6.1 The minimum vehicle standards are those of the California Vehicle Code
(CVC). All taxicabs shall meet all applicable standards of the California Vehicle Code as
well as the following in order to pass the OCTAP vehicle inspection.
6.1.1 Body Condition
6.1.1.1 No body damage, tears or rust holes in the vehicle body
and/or loose pieces hanging from the vehicle body are permitted. Front and rear fenders,
bumpers and light trim shall be securely fixed to the vehicle.
6.1.2 Brake System
6.1.2.1 Per CVC § 26453
6.1.3 Defroster Operation
6.1.3.1 Per CVC § 26712
6.1.4 Exhaust System
6.1.4.1 Per CVC § 27153
6.1.5 Fuel Tank Cap
6.1.5.1 Per CVC § 27155
6.1.6 Horn
6.1.6.1 Per CVC § 27000
6.1.7 Hubcaps
6.1.7.1 Hubcaps or wheel covers shall be on all wheels for which
hubcaps are standard equipment.
6.1.8 Interior Condition
6.1 .8.1 Passenger compartment, driver compartment, and trunk or
luggage area shall be clean and free of foreign matter, offensive odors and litter.
6.1.8.2 Seat upholstery shall be clean. Interior walls and ceiling
shall be kept reasonably clean. No rips or tears are permitted. All repairs shall be done so
as to reasonably match the existing interior.
operational.
6.1.8.3 Door handles and doors shall be intact, clean and
6.1.9 Interior Information
6.1.9.1 A 4" x 6" information card shall be displayed in plain view
of all passengers at all times that a taxicab is in operation.
6.1.9.2 The information card shall contain the following
information on the permit holder: company name, business address and telephone number
and rate schedule approved by the City.
6.1.9.3 The valid Driver's Permit issued to the operating driver
shall be in plain view of all passengers at all times that the taxicab is in operation.
6.1.10 License Plates
6.1.10.1 Per CVC § 5202.
6.1.11 Lights
6.1.11.1 Headlights shall be operational on both high and low
beams (CVC § 24400).
6.1 .1 1 .2 Tail lights shall be operational (CVC § 24600).
6.1.11.3 Emergency flashers shall be operational (CVC §
24252).
6.1.11.4 Reverse lights shall be operational (CVC §
24606(a)).
6.1.11.5 Turn signal lights shall be operational (CVC §
24951(b)(1)).
6.1.11.6 Brake lights shall be operational (CVC § 24603(b)).
6.1.11.7 License plate light shall be operational (CVC §
24601).
6.1.11.8 Interior lights shall be operational.
6.1.12 Markings
6.1.12.1 Exterior markings shall consist of company name,
phone number, body number and other OCTAP approved logo. Such exterior markings
shall be properly and neatly placed and easy to read (in contrasting colors).
6.1.12.2 Company name shall be placed on each side of the
vehicle in letters not less than 3 inches in height (in contrasting colors).
6.1.12.3 Vehicle number shall be placed on each side and rear
of vehicle in numbers not less than 4 inches in height.
6.1.13 Mirrors
6.1.13.1 Per CVC § 26709.
6.1.14 Muffler
6.1.14.1 Per CVC § 27150(a).
6.1.15 Parking Brake
6.1.15.1 Per CVC § 26451.
6.1.16 Proof of Insurance
6.1.16.1 Per CVC § § 16020/16028.
6.1 .17 Radio
6.1.17.1 Vehicle shall be equipped with a two-way radio in
working order.
6.1-18. Seat Belts
6.1.18.1 Per CVC § 27315.
6.1.19 Steering and Suspension System
6.1.19.1 Vehicle's steering and suspension system shall be in
good mechanical order (CVC § 24002(a)(b)).
6.1.20 Taximeter and Meter Seals
6.1.20.1 All vehicles shall have a taximeter in working order.
6.1.20.2 All taximeters shall have an intact meter seal.
6.1.20.3 Taximeters shall be certified by the County Sealer of
Weights and Measures. The date on the seal shall not be more than 13 months old.
6.1.20.4 The taximeter shall be placed in the taxicab so that
the reading dial showing the amount of fare to be charged shall be well lighted and easily
read by the passenger.
6.1.20.5 A vehicle shall be placed out of service if the meter
is not working, the lead seal is broken, or the approved rate of fare is not being charged.
6.1.21 Tires
6.1.21.1 Per CVC § 27465(b).
6.1.21.2 Every vehicle shall be equipped with a jack,
tire changing tool, and an inflated spare tire. A company be exempted from this
requirement upon proof the company has a contract with a towing company and a policy in
place to send another taxicab vehicle for the stranded passengers.
6.1.22 Windows
6.1 .22.1 Rear windshield per CVC § 26710.
6.1.22.2 Safety glass shall be in all windows.
6.1.23 Windshield Wipers
6.1.23.1 Per CVC § 26707.
7. APPEALS
7.1 Appeal Procedure for Denial Suspension or Revocation of Permit or Related
Adverse Action
7.1.1 In the event a permit is proposed to be denied, suspended or revoked,
the applicant/Permittee shall be notified in writing of the proposed adverse action and
reasons(s) therefor.
7.1.2 Within ten (10) days of the date of the notice of proposed adverse
action, the applicant/Permittee shall submit a written appeal on a form provided by OCTAP.
The Permittee shall set forth in the appeal the reasons why such action is not proper.
Failure to file such an appeal within the time frame indicated shall constitute waiver of the
right to an appeal and the proposed adverse action shall become final and any permit
surrendered immediately.
7.1.3 Except as provided in Section 7.1.4, once an appeal is filed, the adverse
action shall be stayed pending the final determination of the administrative appeal.
7.1.4 If, in the OCTAP Administrator's opinion, the continued operation of a
taxicab vehicle or possession of a Driver's Permit represents an unsafe condition for the
public, the adverse action shall not be stayed.
7.1.5 If an appeal is timely filed, the OCTAP Administrator shall review the
appeal, and based on additional information provided therein, may revise his findings and
penalty in accordance with the additional information provided. In the alternative, the
OCTAP Administrator may cause the appeal to be assigned to a Hearing Officer.
7.1 .6 The appellant and the OCTAP Administrator or designee shall each have
the right to appear in person and be represented by legal counsel or other representative to
present evidence, to call and cross-examine witnesses under oath and to present argument.
7.2 Appeal Procedure for Suspension or Revocation of Permit
7.2.1 In the event a permit is proposed to be suspended or revoked, the
Permittee shall be notified in writing of the proposed action and reason(s) therefor.
7.2.2 Within ten (10) days of the date of the notice of proposed adverse
action, the Permittee shall submit a written appeal on a form provided by OCTAP. Failure
to file such an appeal within the time frame indicated shall constitute waiver of the right to
an appeal and the proposed action shall become final.
7.2.3 If an appeal is timely filed, the OCTAP Administrator shall review the
appeal and based on additional information provided therein may revise his findings and
penalty in accordance with the additional information provided or cause the appeal to be
assigned to a Hearing Officer.
7.2.3.1 The OCTAP Administrator shall maintain a list of qualified
Hearing Officers, who shall not be employees of OCTA, and shall regularly rotate
assignments based on availability of the proposed Hearing Officers.
hearing.
7.2.3.2 The Hearing Officer shall expeditiously schedule the appeal
7.2.4 The appellant and the OCTAP Administrator or designee shall each have
the right to appear in person and be represented by legal counsel or other representative, to
present evidence, to call and cross-examine witnesses under oath, and to present
argument.
7.2.4.1 The formal rules of evidence shall not apply and any
relevant evidence that is the sort of evidence upon which responsible persons are
accustomed to rely in the conduct of serious affairs shall be admissible.
7.2.4.2 Hearsay evidence may be considered by the Hearing
Officer but no findings may be based solely on hearsay evidence unless supported or
corroborated by other relevant and competent evidence.
7.2.5 The OCTAP Administrator shall promulgate supplementary rules and
procedures for the conduct of the hearing, the forms of notice and proceedings, and the
preparation and submission of the record.
7.2.6 The decision of the Hearing Officer shall be the final administrative
remedy and shall be binding upon the parties to the appeal.
7.2.7 If the Hearing Officer decides to suspend or revoke a permit, the
appellant shall immediately surrender the permit to the OCTAP Administrator.
8. REFUND POLICY
8.1 There shall be no refunds of any portion of the fees described in these
regulations.
9. ADMINISTRATIVE CHANGES TO REGULATIONS
9.1 OCTAP is authorized to make administrative changes to these regulations
upon written notification to the City.
CITY OF COSTA MESA
BUSINESS LICENSE PROCESSING FET:
BUSINESS LICENSES
Nomc
NEW FEE
FEE DESCRIP'170N
CURRENT FEE
EFFECTIVE
TAXICAB COMPANY
12/17/97
BUSINESS LICENSES
Nomc
$50
PROCESSING FEE FOR
TAXICAB COMPANY
Exhibit 2