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(a) The Director may revoke or suspend any license or identification card, as appropriate, if, after notice and opportunity for a hearing, the Director finds that:
(1) facts existing before or after the issuance of a license or identification card would be cause under this Chapter for the Director to refuse to issue or renew the license or card;
(2) a licensee or driver violated this Chapter or regulations adopted under it, or any other applicable federal, state, or County law;
(3) a licensee or driver has been convicted of any crime of moral turpitude, including a crime of violence, sex offense, or a felony involving a controlled dangerous substance;
(4) a licensee or driver obtained or attempted to obtain a license or identification card by fraud, misrepresentation, false or misleading statement, or omission of material facts; or
(5) a licensee or driver operated a taxicab, or allowed a taxicab to be operated, in a manner that endangered the public health, safety, or welfare.
(b) In addition to the reasons specified in subsection (a), the Director may revoke or suspend a license or identification card if:
(1) the Department received a consistent pattern of reasonably verified complaints against the licensee or driver within any 12 month period, or the Department received a reasonably verified complaint involving a threat to the public health, safety, or welfare;
(2) the licensee or driver was convicted of, pled no contest to, or was placed on probation before judgment for operating a motor vehicle under the influence of or while intoxicated with alcohol or a controlled dangerous substance, or for reckless driving; or
(3) The licensee or driver was convicted of failure to stop after involvement in an accident or has a driving record which indicates an unsafe driving pattern or disregard for motor vehicle laws.
(c) A revocation or suspension under subsection (a)(3) must remain in effect, pending appeal, until the criminal action is concluded.
(d) This Section is in addition to any other provision of this Chapter that establishes cause to suspend or revoke a license or identification card.
(e) A person whose identification card has been revoked must not reapply for another identification card for at least 2 years.
(f) If the Director finds an immediate threat to the public safety or health, the Director, before holding a hearing, may immediately suspend, revoke, or deny the issuance or renewal of, a license or identification card. Without limiting the Director’s discretion in finding an immediate threat to the public safety or health, any pending charge or conviction that would preclude the issuance or renewal of a license or identification card constitutes an immediate threat to the public safety or health. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
In addition to any other notice required by law:
(a) the Department must send a copy of any notice of violation issued to a driver to the licensee of any vehicle involved in the violation, unless the driver is also the licensee; and
(b) each fleet or association must notify each affiliate of any action taken or proposed action taken regarding any license held by that affiliate, or regarding the driver of any taxicab for which the affiliate holds the license, of which the fleet or association is aware, if the affiliate is not otherwise required to be notified of the action or proposed action. (2004 L.M.C., ch. 27, § 1.)
(a) A person may appeal to the Director from a decision of the Department refusing to issue or renew a driver identification card or license, including the opportunity to compete for a license under the lottery procedures of this Chapter because of a lack of qualifications.
(b) An appeal must be filed in writing within 15 days after the Director sends the person a written decision. If the appellant requests a hearing, the Director must provide an opportunity for a hearing under Chapter 2A.
(c) The decision of the Director under this Section is final administrative action for purposes of judicial review. (2004 L.M.C., ch. 27, § 1.)
(a) Upon determining that one or more grounds for suspension or revocation of a license or identification card exist, the Director must serve a written notice on the licensee or driver, as appropriate, in person or by U.S. mail, first class, postage prepaid, addressed to the licensee’s or driver’s last known address as maintained in the licensee’s or driver’s file.
(b) Service on the licensee or driver by mail is effective 7 calendar days after mailing under this Section.
(c) The written notice must:
(1) notify the recipient that the Director has suspended or revoked the license or the identification card or found that the license or identification card may be subject to suspension or revocation;
(2) specify the grounds for the Director’s finding of an immediate suspension or revocation or proposed suspension or revocation; and
(3) set a date for a hearing to determine if the Director’s action or suggested action is appropriate.
(d) The Director must set a hearing date as required by Chapter 2A unless the licensee or driver and the Director agree to an earlier date, in which case other filing deadlines may be shortened to expedite a hearing without prejudicing either the appellant or the Defendant.
(e) The hearing may be conducted by the Director or a hearing officer. At the hearing, the licensee or driver may present evidence and witnesses to refute the grounds cited by the Director to suspend or revoke the license or identification card, and the Department and any other person may submit relevant evidence. The administrative record compiled by the Department under this Chapter must be made part of the hearing record. After the close of the hearing, the person who conducted the hearing must render a decision in writing, giving the reasons for the decision. The action taken by the Director is the Department’s final administrative action and is subject to judicial review.
(f) Any person who requests a copy of the hearing transcript must pay the cost of preparing it.
(g) A licensee or driver who does not appear at the hearing waives the right to a hearing and consents to the action that the Director proposed in the notice or has already taken. The Director may then suspend or revoke the license or identification card as proposed in the notice.
(h) A licensee or driver may surrender his license or identification card in lieu of a hearing. A licensee or driver who surrenders his license or identification card waives his right to a hearing and consents to the action or proposed action of the Director to suspend or revoke.
(i) A licensee or driver who does not appear at the hearing must pay the costs of the hearing unless that person notifies the Director that he or she will not appear at least five days before the scheduled hearing. Fees and costs for hearings may be established by regulation.
(j) A suspension or revocation takes effect on the earlier of the day that the Director’s or hearing officer’s written decision is delivered in person or three days after it is placed in the U.S. mail, first class, postage prepaid, addressed to the last known address of the licensee or driver. To facilitate enforcement of this provision, the Director may require the licensee or driver to appear at the Director’s office at a specific time to receive a copy of the decision and surrender the license or identification card. The licensee or driver must comply with the Director’s order. (2004 L.M.C., ch. 27, § 1; 2015 L.M.C., ch. 39, § 1.)
(a) After receiving notice of a revocation or suspension, unless otherwise directed, the licensee or driver must, within 24 hours:
(1) place the license or identification card in the mail, first class, postage prepaid, addressed to the Department; or
(2) physically deliver the License or identification card to the Department.
(b) If the Department does not receive the license or identification card within 48 hours after notification, excluding weekends or a legal holiday, or as directed, the licensee or driver has violated this Chapter and, in addition to any other penalty that may be imposed, the Director or police may:
(1) remove the revoked or suspended license or identification card from the taxicab;
(2) seize the taxicab and hold it until the license or identification card is surrendered; or
(3) demand the return of the license or identification card by the appropriate person. (2004 L.M.C., ch. 27, § 1.)
(a) Any person aggrieved by the denial, suspension, or revocation of a license or identification card may apply for judicial review under the applicable Maryland Rules of Procedure.
(b) If a transcript of any administrative proceeding has not been prepared, the appellant must pay the cost of preparing the transcript.
(c) The Director’s decision to deny a license or driver identification card must not be stayed pending judicial review. Final administrative action that revokes or suspends, or refuses to renew, a license or identification card may be stayed pending judicial review only if the court finds, after a full evidentiary hearing, that the public health, safety, or welfare will not be endangered during the period of judicial review.
(d) A lottery or other license issuance procedure may proceed while judicial review of the denial of a license or the opportunity to compete for a license is pending. Judicial modification or reversal of a final administrative action to deny a license or the opportunity to compete for a license does not affect the validity of any other license that was properly issued under this Chapter. If the court finds that a license was improperly denied, the court may order the Director to issue the license, notwithstanding any numerical limit in this Chapter on the number of licenses that can be issued. However, a license must not be issued to the appellant until all rights to judicial review have been exhausted.
(e) Any decision of the Circuit Court on an appeal under this Section may be appealed to the Court of Special Appeals. (2004 L.M.C., ch. 27, § 1.)
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