(A) Upon learning of a violation for which the Director proposes to suspend or revoke a license, inspection sticker, driver's permit, or a certificate, or levy or impose an administrative penalty, the Director will give written notice of the alleged violation(s) to the affected driver and/or certificate holder, and the manner in which a hearing on the matter may be requested. The written notice of the alleged violation shall include at a minimum, the following:
(1) The name and address of the person to whom the penalty is issued;
(2) The facts constituting the offense;
(3) The section of the administrative code or of this subchapter, which has been violated;
(4) The procedure for the person to follow in order to contest the offense;
(5) The right for the person to present evidence on his or her own behalf;
(6) The amount of the penalty the person may pay within ten days of receipt of the notice, if an appeal is not requested;
(7) The right of the person to hire legal counsel to represent him or her at the hearing; and
(8) If a violation is sustained at the hearing, a fee of $25 will be assessed for the costs of conducting such hearing. This fee will be in addition to any penalties that may be assessed as a result of the hearing.
(B) Upon the receipt of the written notice of violation, the person receiving the notice may either pay the fine imposed or the person may file an appeal to the Director within ten days of the receipt of the written notice.
(C) When a hearing has been requested, the Director shall schedule a hearing. The hearing shall be conducted within 30 days of the date of the request, unless the requester wants or agrees to a continuance not to exceed 14 days.
(D) Not less than seven days before the date of the hearing, the Director shall notify the requester of the date, time, and place of the hearing. The notice may be given by first class mail or by personal delivery.
(E) Any person requesting a hearing before the Director or Hearing Officer who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be final. The Director or Hearing Officer shall enter a final order determining the violation was committed and shall impose the penalties set forth in the written notice or provide orders for compliance or prohibition as may be authorized by law. A copy of the final order shall be served upon the person found to have committed a violation.
(F) At the hearing, testimony shall be taken from the inspector, the alleged violator, and any witnesses to the violation offered by the inspector or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(G) The Director or Hearing Officer shall, based on the evidence, determine whether a violation was committed. If it determines that no violation was committed, an order dismissing the written notice of violation shall be entered. If the Director or Hearing Officer determines that a violation was committed, an order shall be issued either assessing an administrative penalty, suspending or revoking a driver's permit, whether special, temporary or annual, or suspending or revoking a certificate.
(H) Every final order of the Director or Hearing Officer shall be reduced to writing, which shall include the date the order was issued. A copy shall be furnished to the person named in the written notice. If the person named in the written notice is not present when the final order is issued, the order shall be delivered in accordance with the same procedure as set forth in subsection (D), above.
(I) The Director may cause immediate suspension or revocation of a license, inspection sticker, or driver's permit under the following circumstances:
(1) For violation(s) of any federal, state, or local law which would constitute grounds for denial of a driver's permit;
(2) For a driver's failure or refusal to comply with the requirements of this subchapter or related regulations or refusal to cooperate with reasonable requests made by an inspector investigating complaints or conducting the semiannual or periodic random inspections pursuant to the operating procedures of the Department in the performance of his or her duties; or
(3) For serious violations of applicable ordinances or regulations when such action is deemed warranted by the Director for reasons of public health or safety. At the time of such action, the driver and/or certificate holder against whom such action is being taken shall be notified in writing of the manner in which a hearing on the matter may be requested.
(J) A certificate to provide ground transportation service may be suspended, revoked, or have an administrative penalty assessed against it for the following:
(1) Failure to provide the accurate and complete information required on the annual or renewal application;
(2) Failure to have in force the state-issued certificate of authorization to operate a ground transportation service in Louisville Metro;
(3) Failure to have in force the required liability insurance, indemnity bond or plan of self-insurance;
(4) Failure to pay any Metro Government tax, license fee, or any other type fee and/or tax required by law;
(5) Failure to satisfy any administrative sanctions or penalties imposed by the Department; or
(6) Substantive or repetitive disregard of any Metro Government ordinances and applicable statutes and rules and regulations that specify certificate holders responsibilities and/or obligations.
(K) Any administrative suspension of authorized operating privileges may be converted, if approved by the Director, to an administrative fine at the following rates:
(1) Driver's permit. Each day of suspension to a fine of $25 per day of suspension.
(2) License, inspection sticker. Each day of suspension to a fine of $25 per day of suspension.
(3) Certificate to provide ground transportation services. Each day of suspension to a fine of $100 per day of suspension.
(L) All orders of revocation, suspension, or administrative penalties shall be imposed and signed by the Director.
(M) A driver's permit is the property of the Metro Government, and when said permit is suspended or revoked, the driver shall immediately surrender the permit to the Department. Upon the request of the Department, the certificate holder shall assist the Department in gaining possession of a suspended or revoked driver's permit.
(N) Point system.
(1) Each violation or penalty is assigned a certain number of points, according to the seriousness of the offense. The purpose of this is to establish a criterion whereby the discretion allowed in determining the penalty can not be exercised arbitrarily, each permit and/or certificate holder will know or can determine his or her "point" status at any given time.
(2) Points shall be assessed or suspensions invoked based upon convictions and payment of penalties (with or without an administrative hearing) for violations regardless of whether the conviction is received from an administrative hearing, court of competent jurisdiction within the State of Kentucky or any other jurisdiction. Information regarding convictions may be secured from any official sources or records available to public or Departmental inspections. Upon the accumulation of 12 points by any driver or certificate holder within a period of two years, the Department shall suspend the driver's permit or certificate for a period of six months for the first such accumulation of 12 points, one year for the second such accumulation of 12 points, and two years for any subsequent accumulation of 12 points within the two year period.
(3) No person's rights under this subchapter will be suspended without first being given an opportunity to appeal the matter, unless the appeal rights have been voluntarily waived by the driver or certificate holder.
Administrative Warning = No Fine = 1 Point
One Day Suspension = $25 Fine = 3 Points
Two Days Suspension = $50 Fine = 6 Points
Three Days Suspension = $75 Fine = 9 Points
Four Days Suspension = $100 Fine = 12 Points
One Day Suspension = $25 Fine = 3 Points
Two Days Suspension = $50 Fine = 6 Points
Three Days Suspension = $75 Fine = 9 Points
Four Days Suspension = $100 Fine = 12 Points
(O) Each day of continued violation shall be considered a separate offense.
(1999 Lou. Code, § 111.559) (Lou. Ord. No. 115-1979, approved 8-17-1979; Lou. Am. Ord. No. 218-1983, approved 8-30-1983; Lou. Am. Ord. No. 370-1987, approved 12-28-1987; Lou. Am. Ord. No. 81-1990, approved 3-29-1990; Lou. Am. Ord. No. 172-1996, approved 8-28-1996; Lou. Am. Ord. No. 0045-2002, § 1, approved 3-29-2002; Lou. Metro Am. Ord. No. 223-2005, approved 12-27-2005) Penalty, see § 115.999