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If a wrecker driver's permit is lost or destroyed, the director shall issue the permittee a duplicate permit upon payment to the city of a duplicate permit fee of $24. (Ord. Nos. 24661; 27695; 30215)
(a) If a duly authorized representative designated by the director to enforce this article determines that a permittee has failed to comply with this article (except Section 15D-29) or a regulation established under this article, the representative may suspend the wrecker driver’s permit for a period of time not to exceed three days by personally serving the permittee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the permittee of the right of appeal.
(b) A suspension under this section may be appealed to the director or the director’s assistant if the permittee requests an appeal at the time the representative serves notice of suspension or within 10 days after the notice of suspension is served. When an appeal is requested, the suspension may not take effect until a hearing is provided by the director or the director’s assistant.
(c) The director may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal, but at least 10 days advance notice of the hearing must be given to the permittee. The director may affirm, reverse, or modify the order of the representative. The decision of the director is final. (Ord. 24661)
(a) If the director determines that a permittee has failed to comply with this article (except Section 15D-29) or any regulation established under this article, the director shall suspend the wrecker driver’s permit for a definite period of time not to exceed 60 days.
(b) If at any time the director determines that a permittee is not qualified under Section 15D-29, or is under indictment or has charges pending for any offense involving driving while intoxicated or a felony offense involving a crime described in Section 15D-29(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses, the director shall suspend the wrecker driver’s permit until such time as the director determines that the permittee is qualified or that the charges against the permittee have been finally adjudicated.
(c) A permittee whose wrecker driver’s permit is suspended shall not drive a wrecker for an emergency wrecker service inside the city during the period of suspension.
(d) The director shall notify the permittee in writing of a suspension under this section and include in the notice:
(1) the reason for the suspension;
(2) the date the suspension is to begin;
(3) the duration of the suspension; and
(4) a statement informing the permittee of the right of appeal.
(e) The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer. (Ord. 24661)
(a) The director shall revoke a wrecker driver’s permit if the director determines that a permittee:
(1) operated a wrecker inside the city for an emergency wrecker service during a period when the wrecker driver’s permit was suspended;
(2) intentionally or knowingly made a false statement of a material fact in an application for a wrecker driver’s permit;
(3) engaged in conduct that constitutes a ground for suspension under Section 15D-39(a) and, at least two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct, had received either a suspension in excess of three days or a conviction for a violation of this article;
(4) engaged in conduct that could reasonably be determined to be detrimental to the public safety;
(5) failed to comply with a condition of a probationary permit; or
(6) is under indictment for or has been convicted of any felony offense while holding a wrecker driver’s permit.
(b) A person whose wrecker driver’s permit is revoked shall not:
(1) apply for another wrecker driver’s permit before the expiration of 12 months from the date the director revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or
(2) operate a wrecker for an emergency wrecker service inside the city.
(c) The director shall notify the permittee and the licensee in writing of a revocation and include in the notice:
(1) the specific reason or reasons for the revocation;
(2) the date the director orders the revocation; and
(3) a statement informing the permittee of the right to, and process for, appeal of the decision. (Ord. 24661)
(a) After receipt of a notice of suspension, revocation, or denial of permit renewal, the permittee shall, on the date specified in the notice, surrender the wrecker driver’s permit to the director and discontinue operating a wrecker for an emergency wrecker service inside the city.
(2) the director determines that continued operation by the permittee would impose a serious and imminent threat to the public safety. (Ord. 24661)
(a) If the director suspends a wrecker driver’s permit, the action is final unless the permittee files an appeal, in writing, with the city manager not more than 10 business days after notice of the director’s action is received.
(b) The city manager or a designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing.
(c) The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final as to available administrative remedies.
(d) If the director denies issuance or renewal of a wrecker driver’s permit or revokes a wrecker driver’s permit, the applicant or permittee may file an appeal with the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 24661; 27487)
(a) Licensee. In the operation of an emergency wrecker service, a licensee shall comply with the terms and conditions of the emergency wrecker service license and, except to the extent expressly provided otherwise by the license, shall comply with this article, rules and regulations established under this article, and other law applicable to the operation of an emergency wrecker service.
(b) Driver. While on duty, a driver shall comply with this article, rules and regulations established under this article, other law applicable to the operation of a motor vehicle in this state, and orders issued by the licensee employing the driver in connection with the licensee’s discharging of its duty under its emergency wrecker service license and this article. (Ord. 24661)
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