(a) Towing Board of Review.
The Towing Board of Review shall hear all appeals from suspension and revocation orders by the Director of Public Safety. The Towing Board of Review shall be composed of the Director of Law or his designee, who shall be chairman, the Director of Public Service or his designee, and the Director of Public Safety or his designee. The Board shall establish reasonable rules of procedure, to include the format of hearings. The Board may sustain, reverse or modify any suspension or revocation imposed by the Director of Public Safety and impose penalties pursuant to TMC 765.99 herein. The Board's decision shall be binding and shall be made within thirty (30) days from receipt of the licensee's appeal. In any case where the licensee has been charged with a criminal act relating to the licensee's towing and/or storage operation, the Board may extend its decision to await decision by a court of competent jurisdiction.
(b) Hearings; rights of licensee.
Upon receipt of notice of appeal from the licensee, the Chairman of the Towing Board of Review shall notify the licensee of the date, time and place of hearing. The licensee shall have the following rights:
(1) Be represented by legal counsel.
(2) Issue subpoenas with the express approval of the Board of Review, to compel attendance of necessary witnesses and the production of necessary documents.
(3) Provide, at the licensee's expense, an official court reporter.
(4) Request separation of witnesses at the hearing.
(5) Present evidence and testimony at the hearing.
(6) Cross-examine witnesses at the hearing.
(7) Such other rights as may be contained in the Board's rules of procedure.
(c) Defaults.
Should the licensee fail to appeal a suspension or revocation issued by the Director of Public Safety, said suspension or revocation shall be effective pursuant to TMC 765.18(b)(1). Should the licensee fail to appear at a scheduled hearing on the licensee's appeal before the Towing Board of Review, the Board shall hear any testimony and evidence presented and render its judgment accordingly.
(d) Claims.
Should the Director of Public Safety assess a suspension or revocation pursuant to this Chapter and should the Towing Board of Review not sustain any revocation or any suspension period in whole or in part which has been served by the licensee, the licensee may have a claim against the City limited to a dollar amount not to exceed the equivalent of two (2) tows per day pursuant to Section 765.12(a), for each day of penalty not sustained by the Board.
(Ord. 432-08. Passed 7-15-08.)