(1) Inspections: Any sheriff's office deputy or the inspection officer is authorized to conduct random inspections of any tow truck company conducting law enforcement tows.
(2) Violations And Temporary Suspensions: The following violations shall result in a written warning by the inspection officer. Any repeat(s) of the same violation within a three (3) month period shall result in an immediate temporary suspension from the tow truck rotation list for a period not to exceed three (3) weeks. More than three (3) of the following violations shall result in suspension and/or removal from the rotation in accordance with subsection (3) of this section:
A. Failure to notify dispatch that tow company's on scene arrival time will exceed forty five (45) 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 in excess of the tow rates approved by the board of Canyon County commissioners for law enforcement tows.
E. Subcontracting law enforcement tows through other tow companies without prior approval from the inspection officer.
F. Conducting business in an unprofessional manner including, but not limited to, failing to respond to calls for service, rude behavior toward customers or law enforcement officials, charging unapproved fees, failure to forward complaints onto the appropriate agency.
G. Failure to notify the Canyon County sheriff of criminal convictions of employees or employing drivers who have been convicted of a felony or misdemeanor offense of theft or a theft related offense.
H. Failure to notify Canyon County of new hires or rehires prior to rendering services under this agreement.
I. Failure to remain open and staffed during business hours.
J. Failure to arrive on scene within forty five (45) minutes, after being dispatched without providing prior notice to dispatch of the delay.
(3) Suspensions And Revocations: If the inspection officer finds that any of the following violations have been committed, the inspection officer shall issue an immediate suspension for no less than twenty four (24) hours of the tow company from the rotation, and make a recommendation to the Canyon County sheriff, or his designee, for suspension from the rotation of said tow company:
A. Failure to respond to a dispatch request for a law enforcement tow more than two (2) times in any calendar month.
B. Driving a tow truck to the scene of an accident without having been requested to the scene by dispatch or as a preference tow.
C. The failure to report a reportable accident, or where private property is damaged, to dispatch for which a law enforcement tow is required.
D. The acceptance of any remuneration, or consideration of any type, by any tow company, employee or agent of a tow company, from any garage, repair shop, or facility, for the purpose of influencing such tow company's decision as to where a disabled or wrecked vehicle should be taken for repair.
E. Allowing the lapse or cancellation of the tow business insurance required by this article.
(4) Notice Of Intent: Within five (5) days of the inspection officer's recommendation, if the Canyon County sheriff, or his designee, finds good cause that a violation of subsection (3) of this section has occurred, the Canyon County sheriff shall issue a notice of intent to suspend a tow company from the rotation. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violation(s). Depending on the nature and extent of the violation(s), the Canyon County sheriff, in his sole discretion, may permit the subject company to resume law enforcement towing pending any hearing on the matter.
(5) Right To Hearing: A tow company on the rotation shall have the right to a hearing prior to the revocation or suspension of more than three (3) weeks of its law enforcement towing privileges, in accordance with the procedures set forth in subsection (6) of this section. If the tow company does not timely request a hearing, or does not follow the procedures for requesting a hearing, said decision to suspend 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 Canyon County sheriff, and any revocation shall be for the remainder of the current rotation year.
(6) Hearing Procedures: A tow company may request an administrative hearing before the Canyon County sheriff, or his designee, prior to the adoption of any suspension for more than three (3) weeks, in accordance with the procedures set forth in this section.
A. A tow company desiring such a hearing shall, within five (5) days of the date of the notice of intent to suspend or revoke, file a written request for hearing with the Canyon County sheriff, together with a statement setting forth the factual basis and reasons for the tow company's appeal of the decision. A copy of the request for hearing shall also be delivered to the inspection officer. Additional materials in support of the appeal may be submitted up to and including the day of the hearing without prior approval from the hearing officer.
B. The Canyon County sheriff, or his designee, shall conduct an informal administrative hearing within fifteen (15) days after a request for hearing has been filed. The tow company and the Canyon County sheriff may be represented by an attorney. The tow company will be afforded the opportunity to present evidence and testimony.
C. The tow company shall have no right to cross examine or confront witnesses, except in the discretion of the Canyon County sheriff, nor shall the Idaho rules of evidence apply to such hearings. In the Canyon County 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.
D. The Canyon County sheriff, or his designee, shall issue a written decision no more than ten (10) days from the date of the hearing. A copy of the decision shall be mailed or made available to all interested parties at the inspection officer's discretion. A record of said hearing, including an audio recording and all exhibits and decision shall remain in the custody of the Canyon County sheriff as a semipermanent public record, subject to retention and destruction pursuant to Idaho law. (Ord. 15-003, 2-27-2015)