SEC. 15D-41. WRECKER OPERATION AFTER SUSPENSION OR REVOCATION.

   (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.

   (b)   Notwithstanding Section 15D-39(c), Section 15D-40(b), and Subsection (a) of this section, if the permittee appeals a suspension or revocation under this section, the permittee may continue to operate a wrecker for an emergency wrecker service pending the appeal unless:

      (1)   the permittee’s wrecker driver’s permit is suspended pursuant to Section 15D-39(b) or revoked pursuant to Section 15D-40(a)(6) of this article; or

      (2)   the director determines that continued operation by the permittee would impose a serious and imminent threat to the public safety. (Ord. 24661)

SEC. 15D-42. APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION.

   (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)

Division 4. Miscellaneous Licensee and Driver Regulations.

SEC. 15D-43. LICENSEE’S AND DRIVER’S DUTY TO COMPLY.

   (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)

SEC. 15D-44. LICENSEE’S DUTY TO ENFORCE COMPLIANCE BY DRIVERS.

   (a)   A licensee shall establish policy and take action to discourage, prevent, or correct violations of this article by drivers who are employed by the licensee.

   (b)   A licensee shall not permit a driver who is employed by the licensee to drive a wrecker if the licensee knows or has reasonable cause to suspect that the driver has failed to comply with this article, the rules and regulations established by the director or the chief or police, or other applicable law. (Ord. 24661)