A. Inspections: Any Ada County Sheriff's Deputy or the Impound Officer is authorized to conduct random equipment and safety inspections of any tow truck company licensed to conduct law enforcement tows.
B. Authorization: The Ada County Sheriff or his/her designee is authorized to deny, suspend or revoke any license to engage in law enforcement towing; tow truck operators and/or owners are subject to denial, suspension or revocation when it appears that a licensee or operator/owner has violated the provisions and/or the intent of this chapter as follows:
1. Violations And Temporary Suspensions: A violation of subsections B1a through B1n of this section shall cause the impound officer to issue an immediate temporary suspension from the tow truck rotation list for a period not to exceed thirty (30) days. A second violation of subsections B1a through B1n of this section within one hundred eighty (180) days of the previous suspension shall cause the impound officer to make a recommendation to the Sheriff or his/her designee for a license revocation or suspension of more than thirty (30) days of licensee's law enforcement tow license:
a. Failure to notify dispatch that tow company's on-scene arrival time will exceed thirty (30) minutes.
b. Failure to have the required equipment for each operating tow truck and to have such equipment in good operating condition.
c. Use of magnetic stripping/signage on tow trucks.
d. Charging tow customers in excess of the tow rates established by the Ada County Board of Commissioners for law enforcement tows.
e. Subcontracting law enforcement tows through other tow companies, licensed or unlicensed.
f. Failure to respond to a dispatch request for a law enforcement tow more than two (2) times in any calendar month.
g. Driving a tow truck to the scene of an accident without having been requested to the scene by dispatch.
h. The solicitation of tow truck business by any licensee or employee or agent of licensee at the scene of a law enforcement tow.
i. The failure to report an accident to dispatch for which a law enforcement tow is required.
j. The solicitation or accepting of any remuneration or consideration of any type by any licensee, employee or agent of a licensee, from any garage, or repair shop or facility, for the purpose of influencing such licensee's decision as to where a disabled or wrecked vehicle should be taken for repair.
k. Allowing the lapse or cancellation of the tow business insurance required by this chapter.
l. Failing to allow a titled or registered owner of a vehicle to retrieve their personal property from their own vehicle while inside the impound lot.
m. Any unfair, illegal or deceptive business practice or any other conduct that the licensee knows or reasonably should know will reflect unfavorably on Ada County or the Ada County Sheriff's Office.
C. Notice Of Intent: Within ten (10) days of the impound officer's recommendation for a license revocation or a suspension of more than thirty (30) days, if the Sheriff or his designee finds good cause that a violation has occurred, the Sheriff shall issue a notice of intent to suspend or revoke a law enforcement towing license. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violations. Depending on the nature and extent of the violation(s), the Sheriff, in his sole discretion, may permit licensee to resume law enforcement towing pending any hearing on the matter.
D. Right To hearing: A licensee shall have the right to a hearing prior to the revocation or suspension of more than thirty (30) days of its law enforcement towing license, in accordance with the procedures set forth in subsection E of this section. If the licensee does not request a hearing, or does not follow the procedures for requesting a hearing, said decision to suspend or revoke the license shall be final, and shall be effective fifteen (15) days from the date of the notice of intent. Any suspension shall be for a length of time as determined by the Sheriff, and any revocation shall be for one calendar year from the date of the notice of intent.
E. Hearing Procedures: A licensee may request a hearing before the Sheriff or his designee prior to the suspension for more than thirty (30) days or revocation of a law enforcement towing license, in accordance with the procedures set forth in this section.
1. A licensee desiring such a hearing shall, within fifteen (15) days of the date of the notice of intent to suspend or revoke a law enforcement towing license, file a written request for hearing with the Ada County Sheriff, together with a statement setting forth the factual basis and reasons for licensee's appeal of the decision. A copy of the request for hearing shall also be delivered to the impound officer.
2. The Sheriff or his designee shall conduct an informal public hearing within thirty (30) days after a request for hearing has been filed. The licensee and the Sheriff may be represented by an attorney. The licensee will be afforded the opportunity to present evidence and testimony. The licensee shall have no right to cross-examine or confront witnesses, except in the discretion of the Sheriff, nor shall the Idaho Rules of Evidence apply to such hearings. In the Sheriff's discretion, the record of any such hearing may be held open for a period of time, not to exceed seven (7) days, for the receipt of additional evidence.
3. The Sheriff or his designee shall issue a written decision within ten (10) days after the hearing stating the final decision regarding suspension or revocation of the license. If a license is revoked, it is revoked for one calendar year from the date of the written decision. A copy of the decision shall be mailed or made available to all interested parties. A record of said hearing and decision shall remain in the custody of the Sheriff. (Ord. 453, 5-21-2002; amd. Ord. 868, 6-13-2017)