A. Inspections: Any Payette County Sheriff's Deputy or the impound officer is authorized to conduct random equipment and safety inspections of any tow truck company licensed to conduct law enforcement tows.
B. Violations And Temporary Suspensions: The following violations shall result in a written warning by the impound officer. Any repeat(s) of the same violation shall result in an immediate temporary suspension from the tow truck rotation list for a period not to exceed three (3) days. More than three (3) repeats of the same violation shall result in the imposition of a license revocation or suspension of more than three (3) days of licensee's law enforcement tow license in accordance with subsection C of this section.
1. Failure to notify dispatch that tow company's on scene arrival time will exceed thirty (30) minutes.
2. Failure to have the required equipment for each operating tow truck and to have such equipment in good operating condition.
3. Use of magnetic striping/signage on tow trucks.
4. Charging tow customers in excess of the tow rates established by the Payette County Board of Commissioners for law enforcement tows.
5. Subcontracting law enforcement tows through other tow companies, licensed or unlicensed.
6. Failing to comply with subsection 5-8-10A7 of this chapter.
7. Failure of any licensee or driver to obey a lawful order of a Sheriff's Deputy or other police officer at the scene of an event wherein a tow truck driver has been requested by Payette County Sheriff's Office or any other police agency.
C. License Suspensions And Revocations: If the impound officer finds that any of the following violations have been committed, the impound officer shall issue an immediate twenty four (24) hour suspension of the licensee's law enforcement tow license, and make a recommendation to the Sheriff or his designee for revocation or suspension of said law enforcement tow license for more than three (3) days:
1. Failure to respond to a dispatch request for a law enforcement tow more than two (2) times in any calendar month.
2. Driving a tow truck to the scene of an accident without having been requested to the scene by dispatch.
3. The solicitation of tow truck business by any licensee or employee or agent of licensee at the scene of a law enforcement tow.
4. The failure to report an accident to dispatch for which a law enforcement tow is required.
5. The solicitation or accepting of any remuneration or consideration of any type by any licensee, employee or agent of a licensee, from any garage, or repair shop or facility, for the purpose of influencing such licensee's decision as to where a disabled or wrecked vehicle should be taken for repair.
6. Allowing the lapse or cancellation of the tow business insurance required by this chapter.
7. Violation of any Federal, State or local law while conducting any law enforcement tow.
8. Use of verbal abuse or physical force toward any citizen or officer while conducting any law enforcement tow.
9. Failure to comply with section 5-8-9 of this chapter.
D. Notice Of Intent: Within five (5) days of the impound officer's recommendation, if the Sheriff or his designee finds good cause that a violation of subsection C of this section has occurred, the Sheriff shall issue a notice of intent to suspend or revoke a law enforcement towing license. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violations. Depending on the nature and extent of the violation(s), the Sheriff, in his sole discretion, may permit licensee to resume law enforcement towing pending any hearing on the matter.
E. Right To Hearing: A licensee shall have the right to a hearing prior to the revocation or suspension of more than three (3) days of its law enforcement towing license, in accordance with the procedures set forth in subsection F of this section. If the licensee does not request a hearing, or does not follow the procedures for requesting a hearing, said decision to suspend or revoke the license shall be final, and shall be effective fifteen (15) days from the date of the notice of intent. Any suspension shall be for a length of time as determined by the Sheriff, and any revocation shall be for the remainder of the current licensing year.
F. Hearing Procedures: A licensee may request a hearing before the Sheriff or his designee prior to the suspension for more than three (3) days or revocation of a law enforcement towing license, in accordance with the procedures set forth in this section.
1. A licensee desiring such a hearing shall, within fifteen (15) days of the date of the notice of intent to suspend or revoke a law enforcement towing license, file a written request for hearing with the Payette County Sheriff, together with a statement setting forth the factual basis and reasons for licensee's appeal of the decision. A copy of the request for hearing shall also be delivered to the impound officer.
2. The Sheriff or his designee shall conduct an informal public hearing within thirty (30) days after a request for hearing has been filed. The licensee and the Sheriff may be represented by an attorney. The licensee will be afforded the opportunity to present evidence and testimony. The licensee shall have no right to cross examine or confront witnesses, except in the discretion of the Sheriff, nor shall the Idaho Rules of Evidence apply to such hearings. In the Sheriff's discretion, the record of any such hearing may be held open for a period of time, not to exceed seven (7) days, for the receipt of additional evidence.
3. The Sheriff or his designee shall issue a written decision within ten (10) days after the hearing. A copy of the decision shall be mailed or made available to all interested parties. A record of said hearing and decision shall remain in the custody of the Sheriff. (Ord. 2018-3, 3-26-2018)