a. The commission or successor agency may, for good cause shown relating to a direct and substantial threat to the public health or safety and prior to giving notice and an opportunity for a hearing, suspend a taxicab, for-hire vehicle license or a HAIL license issued pursuant to this chapter and, after notice and an opportunity for a hearing, suspend or revoke such license. The commission or successor agency may also, without having suspended a taxicab, for-hire vehicle license or a HAIL license, issue a determination to seek suspension or revocation of such license and after notice and an opportunity for a hearing, suspend or revoke such license. Notice of such suspension or of a determination by the commission or successor agency to seek suspension or revocation of a taxicab, for-hire vehicle license or a HAIL license shall be served on the licensee by personal delivery or by certified and regular mail within five calendar days of the pre-hearing suspension or of such determination. The licensee shall have an opportunity to request a hearing before an administrative tribunal of competent jurisdiction within ten calendar days after receipt of any such notification. Upon request such hearing shall be scheduled within ten calendar days, unless the commission or successor agency or other administrative tribunal of competent jurisdiction determines that such hearing would be prejudicial to an ongoing criminal or civil investigation. If the tenth day falls on a Saturday, Sunday or holiday, the hearing may be held on the next business day. A decision shall be made with respect to any such proceeding within sixty calendar days after the close of the hearing. In the event such decision is not made within that time period, the license or medallion which is the subject of the proceeding shall be returned by the commission or successor agency to the licensee and deemed to be in full force and effect until such determination is made, unless the commission or successor agency or other administrative tribunal of competent jurisdiction determines that the issuance of such determination would be prejudicial to an ongoing criminal or civil investigation.
b. It shall be an affirmative defense that the holder of the taxicab, for-hire vehicle license or a HAIL license or the owner of the taxicab, for-hire vehicle or HAIL vehicle has (1) exercised due diligence in the inspection, management and/or operation of the taxicab, for-hire vehicle or HAIL vehicle and (2) did not know or have reason to know of the acts of any other person with respect to that taxicab license, for-hire vehicle license or a HAIL license or taxicab, for-hire vehicle or HAIL vehicle upon which a suspension, proposed suspension or proposed revocation is based. With respect to any violation arising from taximeter tampering, an owner's due diligence shall include, but not be limited to, those actions set forth in subdivision h of section 19-507.1 of this chapter. Any pre-hearing suspension period shall be counted towards any suspension period made in any final determination.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/020.