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(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.)
ARTICLE 8. TRANSPORTATION SERVICES IMPROVEMENT FUND
(a) Definitions. In this section:
(1) Fund means the Transportation Services Improvement Fund established in this Section.
(2) Transportation Network Services means “Transportation Network Services” as defined in § 10-101 of the Public Utilities Article of the Maryland Code.
(b) Fund established.
(1) There is a Transportation Services Improvement Fund created to improve the delivery of:
(A) accessible transportation services in the County;
(B) transportation for eligible senior citizens; and
(C) transportation for persons of limited income.
(2) The Fund consists of:
(A) all revenue from the surcharge imposed on transportation network services under this Section;
(B) all funds appropriated to it by the County Council; and
(C) all funds received by the Fund from any other public or private entity.
(c) Per-ride surcharge. There is a $0.25 surcharge on Transportation Network Services for each trip originating in the County. The surcharge must be collected as provided in § 10-406 of the Public Utilities Article of the Maryland Code.
(d) Use of the Fund. Disbursements from the Fund must only be used to supplement, and must not supplant, Fiscal Year 2019 expenditures appropriated in the annual operating budget resolution to:
(1) offset the higher operational costs of accessible taxicab services for owners and operators including, but not limited to:
(A) vehicle costs associated with purchasing and retrofitting an accessible vehicle;
(B) costs associated with receiving training in providing accessible transportation services; and
(C) additional time involved in providing accessible taxicab services; or
(2) provide incentives or program enhancements to improve or expand transportation options for:
(A) persons with disabilities;
(B) eligible senior citizens; or
(C) persons of limited income.
(e) Disbursements from the Fund. The Executive must by regulation establish the procedure for determining when and how to make distributions from the Fund to taxicab owners and operators, including setting eligibility standards, imposing conditions of reimbursement, imposing a maximum amount of reimbursement, and considering timely distribution of reimbursement to taxicab owners and operators. (2015 L.M.C., ch. 41, §1; 2018 L.M.C., ch. 30, § 1.)