(a) Summary Suspension. When the SFMTA determines that an alleged permit violation poses an ongoing risk to public health or safety, the SFMTA may summarily suspend the permit pending the outcome of a hearing conducted pursuant to this Section 1212. Any affected Permittee shall be given a Notice of Summary Suspension, in writing, served on Permittee in accordance with Section 1211(i). A Summary Suspension shall take effect immediately upon service on the Permittee. A Notice of Summary Suspension shall include:
(1) The name of the person or entity to whom the Notice is issued;
(2) The length of suspension;
(3) The provision(s) of this Article 1200 upon which the action is based, including, where applicable, the date and the address or location of any violations, the signature of the individual who issued the Notice; and
(4) Notice of the right to request a hearing, the procedure for requesting a hearing, and notice that failure to request a hearing will result in the proposed action, which will be a final decision of the SFMTA.
(b) Request for Summary Suspension Hearing. Any Permittee who wishes to challenge the summary suspension of his or her permit may request, in writing, a hearing before a Hearing Officer. SFMTA shall promptly set the time and place for said hearing to occur within 10 business days of receipt of the Permittee’s request for a hearing unless the parties agree to a different schedule, or the Hearing Officer imposes a different schedule, and shall cause notice of such hearing to be served on the Permittee in accordance with Section 1211(i). Respondent may request a continuance of the hearing by submitting a written request to the Hearing Officer at least five business days prior to the scheduled hearing. The Hearing Officer must grant or deny the request for continuance within two business days, must deliver the final decision on the request for continuance to the Respondent in accordance with Section 1211(i), and post the final decision on the SFMTA’s website.
(c) Complaint. Within two business days of receipt of the request for a hearing, the SFMTA shall provide the Respondent with a written Complaint consisting of the basis for a summary suspension, the alleged facts that establish the summary suspension, and any argument in support of SFMTA’s determination to summarily suspend the permit, as well as a list of the witnesses, if any, that SFMTA seeks to present at the hearing. The Complaint shall not exceed 10 double-spaced pages, excluding exhibits and any witness list, unless the Hearing Officer approves the filing of a longer Complaint. In addition to the Complaint, the SFMTA may submit proposed findings to the Hearing Officer.
(d) Response to Complaint. No later than two business days prior to the hearing, the Respondent may provide the SFMTA and the Hearing Officer with a written response to the Complaint, along with any additional information that the Respondent considers relevant to the case. The response shall not exceed 10 double-spaced pages, excluding exhibits, unless the Hearing Officer approves the filing of a longer response, and shall include a list of the witnesses, if any, that the Respondent will present at the hearing. In addition to the response, the Respondent may include as a part of the response any proposed findings that the Respondent proposes be adopted by the Hearing Officer.
(e) Presentation of the Case. Presentation of the case shall be in accordance with Section 1211(d) of this Article.
(f) Notice of Decision.
(1) The Hearing Officer shall issue a written Notice of Decision within one business day of the date of the hearing upholding or overturning the Summary Suspension. The Hearing Officer shall serve the full text of the Notice of Decision to Respondent in accordance with Section
1211
(i) no later than the business day following the issuance of the Notice of Decision. The deadline for the issuance of a decision may be extended if the Hearing Officer requests additional evidence from the parties subsequent to the hearing. If additional evidence is submitted, then the decision will be issued within two business days of the last submittal.
(2) The Hearing Officer’s decision shall take effect immediately upon issuance.
(3) A decision of a Hearing Officer made under this Section 1212 concerning summary suspension of a Non-Standard Vehicle permit shall be a final administrative decision. The Respondent may obtain judicial review of the administrative decision by filing a petition for review in accordance with California Code of Civil Procedure Sections 1094.5 and 1094.6.
(g) Ex Parte Communications. Ex Parte communications shall be governed by Section 1211(f) of this Article 1200.
(h) Hearings Open to Public. Hearings under this Section 1212 shall be open to the public in accordance with Section 1211(g) of this Article 1200.
(i) Settlement.
(1) After issuance of a Summary Suspension, the SFMTA may enter into a settlement with the Respondent. The parties may reach a settlement before, during, or after the hearing.
(2) A settlement need not be read into the record of the hearing, or approved by the Hearing Officer, but must be reduced to writing, and signed and dated by the SFMTA and Respondent or his or her legal counsel or other authorized representative.
(3) By entering into a settlement agreement, Respondent waives any right to seek judicial review with respect to the subject of the settlement agreement.
(4) No evidence of an offer of settlement or of any statement made during settlement negotiations is admissible in a future proceeding under this Article, except that the fact that a matter was settled is admissible if otherwise relevant.
(j) Notices. Notice requirements under this Section shall be governed by Section 1211(i) of this Article 1200.
(k) Appeal. If the Permittee seeks judicial review of a summary suspension, the suspension shall remain in effect until a final decision is issued by the Superior Court. Where a permit is revoked after a summary suspension, the revocation shall be effective immediately and, if the Permittee seeks judicial review of such revocation, shall remain in effect until a final decision is issued by the Superior Court.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017)