§ 1117.

PERMIT ISSUANCE; NOTICE OF INACTIVE STATUS

a.

Permit Issuance. The SFMTA may issue any class of Motor Vehicle for Hire Permit only upon its determination that the permit applicant meets all requirements and qualifications for the permit.

b.

Investigation of Applicants for Non-Medallion Permits. Upon receipt of an application for a permit other than a Medallion permit, the SFMTA shall investigate the permit applicant. The applicant must furnish any additional material requested by the SFMTA, and if such additional material is not provided within 30 days’ of request, the application shall be deemed inactive.

c.

Hearing Challenging Decision to Deny Application for Non-Medallion Permit. At the conclusion of the investigation of an applicant for a permit other than a Medallion, the SFMTA shall inform the applicant, in writing, of the SFMTA’s decision to grant or deny the permit. If the SFMTA has decided to deny the permit, the SFMTA shall deliver the Notice of Denial, which shall include a statement of the grounds for denial, by personal service or by first-class U.S. Mail. The applicant may request a hearing before a Hearing Officer on SFMTA’s decision by submitting to SFMTA a written request for hearing within 20 business days of the date that the Notice of Denial is personally delivered or mailed to the applicant.

d.

Hearings on Determinations that Application is Inactive. If the SFMTA determines that an application for a permit is inactive under Section 1103(b)(5) of this Article, the applicant may request, in writing, a hearing before a Hearing Officer on the Notice of Inactive Status by submitting to the SFMTA a request for hearing within 20 business days of the date that the Notice of Inactive Status is personally delivered or mailed to the applicant.

e.

Investigation of Applications for Medallion Permits. In addition to delivering notice to the applicant of the availability of a Medallion in accordance with Section 1104, the SFMTA shall concurrently post a notice, in accordance with Section 1123(a) of this Article, inviting members of the public to assist the SFMTA in its investigation of the applicant by supplying information relevant to whether the applicant meets the requirements for becoming a Medallion Holder. After review of the material supplied by the applicant, any information provided by members of the public, and the results of its own investigation, the SFMTA shall make a decision whether to grant or deny the application for a Medallion no sooner than 30 calendar days from the date that the notice was posted.

f.

Hearings on Applications for Medallion Permits. The SFMTA shall notify the applicant of its decision on the application for a Medallion, in writing, and shall provide notice to the public of the decision in the manner specified in Section 1123(a) of this Article. If the SFMTA decides to deny the permit, the SFMTA shall deliver the Notice of Denial to the applicant, which shall include a statement of the grounds for denial, by personal service or by first-class U.S. Mail. The applicant may request a hearing on the SFMTA’s decision by submitting to the SFMTA a request for hearing, in writing, within 20 business days of the date that the Notice of Denial is personally delivered or sent to the applicant. If the SFMTA makes a decision to grant the application, a member of the public may request a hearing on the decision within ten calendar days of the posting of the Notice of Grant on the SFMTA’s website. The SFMTA shall schedule the hearing within 30 calendar days from the date that the applicant or member of the public submitted a request for hearing. The SFMTA shall notify the member of the public who requested the hearing and/or the applicant of the hearing date and the name and contact information for the Hearing Officer at least 21 days before the hearing.

g.

Procedures for Hearing Challenging Decision to Grant or Deny a Permit Application or Determination that Application is Inactive.

1.

An applicant is entitled to a continuance of the hearing date, of up to 30 days in the Hearing Officer’s sole discretion, if a written request is submitted to the Hearing Officer at least 14 calendar days prior to the scheduled hearing.

2.

The SFMTA must provide the complete application and/or grounds for the action taken, and may present a summary of its investigation of no more than ten double-spaced pages, excluding exhibits, unless the Hearing Officer approves the filing of a longer summary, no less than 20 calendar days prior to the hearing.

3.

No less than five calendar days prior to the hearing, the applicant and/or the member of the public who requested the hearing may file a written submission containing any information he or she deems relevant to the application or the results of the investigation. The submission shall not exceed ten double-spaced typed pages, excluding exhibits, unless the Hearing Officer approves the filing of a longer submission. If the applicant and/or member of the public who requested the hearing intends to present witnesses at the hearing, he or she shall present a list of these witnesses at least five calendar days prior to the hearing.

4.

The SFMTA and the party who requested the hearing may alter the hearing schedule specified in this Article by prior written agreement.

5.

Hearings under this Section 1117 shall be open to the public, and public comment may be permitted in the sole discretion of the Hearing Officer, but the public, including the member of the public who requested the hearing, may be excluded from all or a portion of the hearing when, in the sole and absolute discretion of the Hearing Officer, exclusion is necessary to protect the privacy of the applicant or a third party. The Hearing Officer may also determine that documents submitted for a determination whether they will be admitted into evidence will not be disclosed to the public, whether or not they are admitted into evidence, if necessary to protect the privacy of the applicant or a third party.

h.

Burden of Proof. If the applicant challenges an SFMTA decision to deny a permit, the burden of proof shall be on the applicant to establish that the applicant meets all eligibility requirements. If a member of the public challenges an SFMTA decision to grant a Medallion, the burden of proof shall be on the member of the public to establish that the applicant does not meet the requirements to be a Medallion Holder.

i.

Notice of Decision. At the conclusion of the hearing, the Hearing Officer shall issue a written decision upholding or overturning the SFMTA’s decision on the application for the permit, which shall be based upon the criteria set forth in this Article. This Notice of Decision shall include findings, shall set forth evidence in support of each finding, and shall be issued within 60 calendar days of the hearing. The Hearing Officer shall deliver the Notice of Decision to the applicant, the SFMTA, and the member of the public who requested the hearing by personal delivery or by first-class U.S. Mail.

j.

Results of Hearing. If the Hearing Officer determines that a permit applicant is qualified for the permit, the SFMTA shall issue the permit within 15 business days of the Notice of Decision.

History

(SFMTA Bd. Res. No. 09-077, 5/19/2009; SFMTA Bd. Res. No. 09-183, 10/20/2009; SFMTA Bd. Res. No. 10-149, 11/16/2010; SFMTA Bd. Res. No. 11-017, 2/1/2011; SFMTA Bd. Res. No. 12-111 , Ad. 8/21/2012, Eff. 9/21/2012)

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