(a) A representative of the director or chief of police may suspend an emergency wrecker service license for a definite period of time not to exceed three days, and the director or the chief of police may suspend an emergency wrecker service license for a definite period of time not to exceed 10 days or, if the deficiency is detrimental to public safety, then for a period of time until the deficiency is corrected, for one or more of the following reasons:
(1) Failure of the licensee to maintain any wrecker or equipment in a good and safe working condition.
(2) Violation by the licensee or an employee of the licensee of a provision of this article or of the rules and regulations established by the chief of police or the director under this article.
(3) Failure of the licensee’s wrecker to arrive at a police scene location or a rapid response location within the prescribed time after having been notified to do so by the chief of police.
(4) Conviction of an emergency wrecker driver of a provision of the motor vehicle or traffic laws of this state or city while in the scope of employment in the licensee’s emergency wrecker service.
(5) Failure to continuously employ at least four emergency wrecker drivers who hold valid wrecker driver’s permits issued under this article.
(b) Written notice of the suspension must be served on the licensee and must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the licensee of the right of appeal.
(c) A licensee may appeal a suspension imposed under Subsection (a) in the following manner:
(1) A licensee who is suspended by a representative of the chief of police may appeal the suspension by written request to the chief of police within 10 days after written notification of suspension. The chief of police shall conduct a hearing and may sustain, reverse, or modify the action appealed. The action of the chief of police is final.
(2) A licensee who is suspended by a representative of the director may appeal the suspension by written request to the director within 10 days after written notification of suspension. The director shall conduct a hearing and may sustain, reverse, or modify the action appealed. The action of the director is final.
(3) A licensee who is suspended by the director or the chief of police may appeal the suspension to an appeals panel consisting of the chief of police, the director, and a representative of the city manager’s office, in accordance with the following procedures:
(A) A written request to the director must be made within 10 days after written notice to the licensee.
(B) The appeals panel shall set a time, date, and place for a hearing and the licensee will be notified at least three days prior to the hearing.
(C) The appeals panel may sustain, reverse, or modify the action appealed. The action of the panel is final.
(d) The period of suspension begins on the date specified in the notice of suspension or, in the case of an appeal, on the date ordered by the appeal hearing officer or panel, whichever applies.
(e) A licensee whose emergency wrecker service license is suspended shall not operate an emergency wrecker service inside the city during the period of suspension. (Ord. Nos. 13977; 14685; 15612; 16554; 24661; 27487)