(a) The SFMTA shall develop uniform criteria for making a determination that a Non-Standard Vehicle Permittee is on Administrative Probation based on the number and degree of violations of this Article 1200. In addition to any other applicable disciplinary measures, the SFMTA may declare the Permittee to be on Administrative Probation based on such criteria.
(b) Where SFMTA determines that a Permittee is on Administrative Probation, SFMTA shall issue a Notice of Administrative Probation listing the violation(s) of this Article that form the basis of that finding, and shall state the actions that the Permittee must take to cure the violation(s). The Notice of Administrative Probation shall be take effect 10 calendar days after the date of the Notice, and shall remain in effect until: (1) the Permittee provides the SFMTA with satisfactory evidence that it has cured the violation(s); or, (2) a Hearing Officer upholds the Permittee’s challenge to the Notice.
(c) A Non-Standard Vehicle Permittee on Administrative Probation may not add additional vehicles to its permit or receive approval for any additional routes or stops until the SFMTA makes a written determination that the violations leading to the imposition of Administrative Probation are cured or a Hearing Officer upholds the Permittee’s challenge to the Notice.
(d) A Permittee placed on Administrative Probation may challenge a Notice of Administrative Probation by filing a written request for a hearing. The hearing shall be conducted pursuant to Section 1211, except that upon receipt of a Permittee’s request for a hearing, SFMTA shall promptly set the time and place for said hearing to occur within ten business days of receipt of the hearing request unless the parties agree to a different schedule or the Hearing Officer imposes a different schedule. SFMTA shall cause notice of such hearing to be served on the Permittee in accordance with Section 1211(i). In addition, SFMTA shall provide the Permittee with the written complaint within two business days of receipt of the request for a hearing, and the Permittee shall provide the written response, if any, no later than two business days prior to the hearing, and the Hearing Officer shall issue a written decision, which shall take effect in accordance with Section 1211(e)(2) no later than the next business day following the hearing.
(Added by SFMTA Bd. Res. No. 171017-133, Ad. 10/17/2017, Eff. 11/17/2017)