RES-8841 Adopting Orange County Taxi Administration Program Rates of Fare and RegulationsRESOLUTION NO. 8841
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING ORANGE
COUNTY TAXI ADMINISTRATION PROGRAM
RATES OF FARE AND REGULATIONS.
WHEREAS, Government Code Section 53075.5 requires the City to adopt an
ordinance or resolution in regard to taxicab transportation service within the city,
including regulation of employment of taxicab drivers, establishment or registration of
rates for taxicab transportation service, and a drug and alcohol testing program; and
WHEREAS, the City of Orange has entered into an inter-agency agreement
with the Orange County Transportation Authority in which the City agreed to participate in
the Orange County Taxi Administration Program (OCTAP) and the Orange
County Transportation Authority agreed to provide the staff and administrative services
necessary to implement the program;
and WHEREAS, the Orange County Transportation Authority has determined the
cost of administering the program and has established certain fees covering those costs;
and WHEREAS, OCT AP has established a schedule of rates of fare for
taxicab transportation services, which rates of fare are reasonable;
and WHEREAS, OCT AP has also established certain regulations for taxicab
drivers,insurance, equipment, mechanical condition, and other aspects of taxicab
operations,designed to protect the health, safety and welfare of persons utilizing taxicab services
in member cities;
and WHEREAS, OCT AP will provide all the services necessary for the City
to comply with Government Code Section 53075.5 regarding regulation of
taxicab transportation services within the City;
and WHEREAS, the City Council has reviewed and approves of the rates of fare
and regulations established by
OCTAP.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orange
SECTION I:
Adopts rates of fare and regulations as established by OCT AP, which rates of fare
and regulations are attached hereto as Exhibit "A".
SECTION II:
Authorizes the Orange County Transportation Authority to establish fees for
OCT AP permits and other services not to exceed the cost of administering the program.
SECTION III:
Authorizes the City Manager or City Manager's designee to approve mInor
modifications to the rates offare and regulations as established by OCTAP.
ADOPTED this 28th day of October, 1997.
ATTEST:
e.f"/-?~L.ij.(,rk~City
Clerk oftfu{ City of Orange I
hereby certifY that the foregoing Resolution was duly and regularly adopted by
the City Council of the City of Orange at a regular meeting thereof held on the 28th day
of October, 1997, by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: Murphy, Slater, Coontz, Spurgeon Alvarez
COUNCIL
MEMBERS: None COUNCIL
MEMBERS: None COUNCIL
MEMBERS: None 4-
C7;K.(~
City Clerk ofthe1City of Orange
Reso No, 8841 2
EXHIBIT "A"
OCTAP SCHEDULE OF RATES OF FARE
1.90 first 1/6 mile
0,30 each additional mile
22.00 maximum per hour waiting fee
No charge for first three minutes waiting time
No extra charge for additional passengers
TAXICAB REGULATIONS OF THE
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP)
1. PURPOSE
1.1. These regulations implement the provlslOns of Orange Municipal
Code Chapter 5.79 regulating taxicab service within the City.
2. DEFINITIONS
2.1. "Driver" means a person who drives or controls the movements of a
taxicab.
2.2. "Driver's Permit" means a valid permit issued by OCTAP
authorizing a person to drive or control the movements of a taxicab.
2.3. "OCTA" means the Orange County Transportation Authority.
2.4. "OCTAP" means the Orange County Taxi Administration Program
administered by the Orange County Transportation Authority.
2.5. "Company" includes natural person, firm, association, organization,
partnership, business, trust, corporation or public entity.
2.6. "Taxicab" means a vehicle capable of carrying not more than eight
persons, excluding the driver, and used to carry passengers for hire. The term shall
exclude a vehicle operating as a Charter Party Carrier licensed as such by any state
agency, including the Public Utilities Commission, or any other vehicle having a
Certificate of Public Convenience and Necessity issued by any state agency,
including the Public Utilities Commission.
2.7. "Taxicab Business Permit" means a valid permit issued by OCTAP
authorizing a company to operate a taxicab business in any participating city which
allows the company to serve that city.
2.8. "Taxicab Vehicle Permit" means a valid permit issued by OCT AP
authorizing a particular vehicle to be operated as a taxicab.
3. TAXICAB BUSINESS PERMITS
3.1. No company shall operate a taxicab business within the City without
having first obtained a Taxicab Business Permit from OCTAP.
3.2. A Taxicab Business Permit shall be issued from OCT AP if the
following conditions have been satisfied:
3.2.1. Submission of a completed Taxicab Business Permit
application;
3.2.2. Submission of a copy of applicant's drug and alcohol policy
meeting OCT AP requirements;
3.2.3. Submission of evidence of insurance, in full force and effect,
in such form as required by OCT A, issued by a solvent and responsible company
admitted to do business in the state, insuring the applicant against loss by reason of
injury or damage that may result to persons, including taxicab passengers, or
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property, from the negligent operation or maintenance of such taxicab, Applicant
shall provide a Certificate of Insurance showing that the applicant is insured for
minimum combined single limit of one million dollars ($1,000,000) for the injury
or death of one or more persons in the same accident, and one hundred thousand
dollars ($100,000) for injury or destruction of property. In addition, applicant
shall provide certified copies of Endorsements to the insurance policy 1) naming
the cities participating in the Orange County Taxi Administration Program and the
Orange County Transportation Authority, its Officers, Directors, Employees and
Agents as additional insureds; and 2) indicating that coverage shall not be reduced,
terminated or canceled without thirty (30) days' prior written notice to OCTA;
3.2.4. Submission of financial documents and other information as
required by OCTAP;
3.2.5. Submission of Department of Motor Vehicles (DMV) Pull
Notice Program Requester Code Number issued to applicant, as defined in Vehicle
Code Section 1808,1. Company is required to immediately notify the OCT AP
Administrator if it receives a DMV Pull Notice on one of their drivers which
would affect the driver's OCTAP Driver's Permit. In the event the driver's DMV
record indicates he/she no longer qualifies for a Driver's Permit, company shall
require driver to turn over Driver's Permit to company. Company shall return the
Driver's Permit to the OCTAP Administrator. DMV Pull Notice records shall be
made available to the OCTAP Administrator upon request.
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3.2.6. Submission of proof of current California Department of
Motor Vehicles registration for each vehicle listed in the Taxicab Business Permit
application. All vehicles listed in the Taxicab Business Permit application shall be
owned by the applicant;
3.2.7. Every owner, partner or principal officer of applicant has
submitted to fingerprinting by the Orange County Sheriffs Department;
3.2.8. Every owner, partner or principal officer of applicant has
successfully cleared a local background check; and
3.2.9. Submitted payment of all applicable fees including but not
limited to background check fee, Taxicab Business Permit application fee, Taxicab
Vehicle Permit application fee, etc,
3.3. A Taxicab Business Permit shall be denied if any owner, partner or
principal officer of applicant fulfill any of the following grounds for denial:
3.3.1. Under the age of 18 years.
3.3.2. Falsification of material information on application for
Taxicab Business Permit within the past one (1) year.
3.3.3. Registered sex offender pursuant to California Penal Code
Section 290.
3.3.4. On formal probation or parole for any offense outlined III
Section 3.3 of these regulations.
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3.3.5. Conviction (or plea of guilty or nolo contendere) in any state
for any of the following: murder; robbery; pandering; pimping; crimes related to
the sale or transportation of controlled substances; crimes involving the use of a
weapon; or any other offense involving moral turpitude or any crime that is
substantially related to the qualifications, functions or responsibilities of a taxi
owner.
3.3.6. Conviction (or plea of guilty or nolo contendere) in any state
for a felony other than those listed in the previous section within eight (8) years of
application.
3.3.7. Any conviction within five (5) years of application (or plea of
guilty or nolo contendere) in any state or any final administrative determination of
a violation of any statute, ordinance, or regulation reasonably and rationally
pertaining to the same or similar business operation which would have resulted in
suspension or revocation of the Taxicab Business Permit under these regulations.
3.4. At the time the Taxicab Business Permit application is submitted,
applicant shall provide to OCTAP a list of drivers authorized to operate the
vehicles identified in the Taxicab Business Permit.
3.4.1. Permittee shall provide OCTAP with notice by fax within 72
hours in the event that any driver listed in the Taxicab Business Permit is no longer
authorized to operate a vehicle identified in the Taxicab Business Permit.
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3.5. Upon company's successful satisfaction of the conditions listed
above, company shall be issued an OCTAP Taxicab Business Permit.
3.6. Once OCT AP issues a Taxicab Business Permit, the company must
then be authorized by the City and paid any applicable business license tax before
operating in the City.
3.7. A Permittee may add additional drivers to its list of drivers
authorized to operate the vehicles identified in the Taxicab Business Permit,
provided that:
3.7.1. Permittee has submitted to OCTAP an Intent to Hire/Intent to
Lease a Taxicab form identifYing the driver as being employed or given a written
offer of employment or as being a self-employed independent contractor or
the company;
and 3.7.2. The driver to be added has been issued a Driver's Permit
by OCT AP which states the driver is affiliated with the Permittee and identified
as either an employee or leased
driver.3.8. The Taxicab Business Permit is valid for one (1) year from the
date of its issuance unless sooner suspended or
revoked,3.9. At least thirty (30) days prior to expiration of the Taxicab
Business Permit, the Permittee should submit an application for renewal of its
Taxicab Business Permit pursuant to Section 3 of these
regulations.
3.10. A Taxicab Business Permit may be suspended or revoked by the
OCT AP Administrator for the following reasons:
3.10.1. Providing false or inaccurate information in the Taxicab
Business Permit application.
3.10.2. Allowing operation of a taxicab by a person not in
possession of a valid Driver's Permit stating that the driver is affiliated with the
company; or
3.10.3. Failure to comply with the applicable provisions of these
regulations; or
3.10.4. Failure of authorized drivers to comply with the applicable
provisions of these regulations; or
3.10.5. Operation of any taxicab at a rate of fare other than those
fares adopted by the City; or
3.10.6. Failure to cooperate with local agency law enforcement,
code enforcement officers, and/or OCTAP Administrator.
3.11. In lieu of revocation or suspension, the OCT AP Administrator may
impose a fine, or a fine and a period of suspension.
3.12. A Taxicab Business Permit applicant may appeal a permit denial,
suspension or revocation in accordance with the appeal provisions set by OCT AP.
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4. VEHICLE INSPECTIONS
4.1. Upon issuance of a Taxicab Business Permit, Permittee shall bring
each vehicle listed in the Permit to the OCT AP facility for a vehicle inspection.
OCTAP may, at its discretion, conduct vehicle inspections at the operator's
facility.
4.2. Upon passmg the vehicle inspection, OCT AP shall issue a
nontransferable Taxicab Vehicle Permit sticker for each approved vehicle. The
Taxicab Business Permit sticker shall immediately be affixed to the left-
hand corner of the rear windshield of the vehicle for which the sticker is issued.
The Taxicab Vehicle Permit is valid for one (1)
year.4.3. Vehicles that fail a vehicle inspection shall pay the re-
inspection fee and be presented for re-inspection after the identified corrections
have been made.If such corrections have been made and if the vehicle
otherwise complies with these vehicle inspection standards, a Taxicab Vehicle Permit
shall be issued.4.4. In addition to the initial and annual vehicle
inspection, all taxicabs operated under OCT AP shall submit to on-the-
road or random inspections by OCTAP inspectors or authorized city peace
officers and code enforcement officials when requested. Failure to submit to an inspection may
result in revocation of the Taxicab Vehicle Permit. The OCTAP
inspector shall complete an inspection report at the time of inspection which shall indicate, in the
opinion
inspector, what repairs, if any, need to be made to the vehicle. One copy of the
report shall be given to the driver. OCT AP shall mail a copy of the report to the
company to whom the vehicle is registered.
4.4.1. If the inspection report indicates the need for repairs to a
vehicle, the company is required to bring the vehicle to OCTAP for re-
inspection within the time frame provided in the report to verify that the required repairs
have been made. A re-inspection fee shall be required at
timeofre-inspection.4.4.2. In the event that repairs have not been made
to a vehicle within the time frame provided for in the report, the
Taxicab Vehicle Permit sticker shall be revoked until corrections have been made to
the
satisfaction of OCTAP,4.5. Permittee may replace any of the vehicles listed
in the Taxicab Business Permit with another vehicle upon satisfaction of
the following conditions:4.5.1. Surrender of the vehicle to bereplaced to OCT
AP for removal of the Taxicab
Vehicle Permit sticker;4.5.2. Successful passing of a vehicle inspection
by the
replacement vehicle; and 4.5.3. Payment of Taxicab Vehicle
Permit transfer fee.4.5.4. Upon satisfaction of the conditionsstated
above, OCT AP shall delete the vehicle identification number of the vehicle to be
replaced in the Taxicab Business Permit and add the vehicle identification
number
replacement vehicle. OCT AP shall issue a new Taxicab Vehicle Permit sticker for
the replacement vehicle which shall be valid for the term remaining under the
Taxicab Vehicle Permit sticker of the replaced vehicle.
4.6. The Taxicab Business Permit shall be renewed annually by bringing
each vehicle listed in the permit application to the OCT AP facility for a vehicle
inspection and paying all applicable fees. OCTAP may, at its discretion, conduct
vehicle inspections at the operator's facility.
4.7. Upon the successful completion of the vehicle inspection, OCTAP
shall place a new expiration date sticker on the Taxicab Vehicle Permit sticker for
each of the vehicles registered in the Taxicab Business Permit.
5. DRIVER'S PERMITS
5.1. No person shall drive a taxicab within an OCTAP city without
having first obtained either a temporary or a permanent Driver's Permit from
OCTAP.
5.2. A temporary Driver's Permit may be obtained from OCTAP,
provided that, the prospective driver has satisfied the following conditions:
5.2.1. Submitted a completed Driver's Permit application;
5.2.2. Submitted the Driver's Permit application fee;
5.2.3. Presented a valid California Driver's License;
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5.2.4. Submitted two current 2" x 2" professional quality color
photos (passport photos) of the applicant;
5.2.5. Submitted an Intent to Hire/Intent to Lease a Taxicab form
signed by the company for whom the applicant intends to drive a taxicab;
5.2.6. Successfully passed a drug and alcohol screening test within
the previous 30 days in compliance with California Government Code Section
53075.5 (b) (3);
5.2.7. Submitted to fingerprinting by the Orange County Sheriffs
Department;
5.2.8. Successfully cleared a local background check; and
5.2.9. Submitted payment of all applicable fees, including the
background check fee and Driver's Permit application fee.
5.3. The temporary Driver's Permit shall be valid for 90 days and shall be
replaced by a permanent Driver's Permit within such 90 days unless extended by
OCT AP for a specified period.
5.4. A permanent Driver's Permit shall be issued once the applicant has
successfully cleared a State Department of Justice background check.
5.5. A permanent Driver's Permit is valid one (1) year from the date the
temporary Permit was issued, unless sooner suspended, revoked or otherwise
terminated.
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5.6. A driver who has been issued an OCTAP Driver's Permit may only
pick up passengers in those cities which have authorized the company he/she
represents.
5.7. At least ten (10) working days prior to expiration of the Driver's
Permit, the driver should re-apply for a Driver's Permit pursuant to Section 5
of these
regulations.5.8. All Driver's Permits issued by OCTAP, including
temporary Driver's Permits, shall be valid only for the driver's operation of a taxicab for
the company indicated on the Driver's Permit. No driver may operate a taxicab for
a company other than the company listed on the driver's Driver's
Permit.5.9. A replacement Driver's Permit may be obtained from
OCTAP,provided that the driver has satisfied the following
conditions:5.9.1. Submitted a replacement Driver's Permit form along with
the Driver's Permit replacement fee;
and 5.9.2. Provided one current 2" x 2" professional quality color
photo passport
photo).5.10. The replacement Driver's Permit shall expire on the same date as
the replaced
Permit.5.11. A Driver's Permit applicant may appeal a permit denial
III accordance with the appeal provisions set by OCT
AP.
5.12. A Driver's Permit shall be denied if applicant meets any of the
following grounds for denial:
5.12.1. Under the age of 18 years.
5.12.2. Does not possess a valid California Driver's License (Class
C).
5.12.3. Falsification of material information on application for
Driver's Permit within the past one (I) year.
5.12.4. Required to register as a sex offender pursuant to California
Penal Code Section 290.
5.12.5. On formal probation or parole for any offense outlined in
Section 5.11 of these regulations.
5.12.6. Any conviction (or plea of guilty or nolo contendere) in any
state of any of the following or their equivalent: murder; a violation of California
Vehicle Code Section 2800.2 (pertaining to disregard for safety of persons or
property), Section 2800.3 (pertaining to flight from peace officer causing death or
bodily injury) or Section 20001 (pertaining to duty to stop at scene of accident);
robbery; pandering; pimping; crimes related to the use, sale, possession, or
transportation of controlled substances; crimes involving weapons; any crime for
which registration would be required under California Penal Code Section 290; or
any other offense involving moral turpitude or any crime that is substantially
related to the qualifications, functions or responsibilities of a taxi driver.
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5.12.7. Conviction of a felony other than those listed in the previous
section within eight (8) years of application.
5.12.8. Conviction of any of the following within five (5) years of
application: reckless driving; driving under the influence of intoxicating liquors or
drugs; a violation of California Vehicle Code Section 2800.1 (pertaining to flight
from peace officer); Section 20002 (pertaining to duty where property damaged),
Section 20003 (pertaining to duty upon injury or death) or any corresponding
substitute sections; vehicular manslaughter; assault; or battery.
5.13. A Driver's Permit may be suspended or revoked by the OCTAP
Administrator for the following reasons:
5.13.1. Failure to comply with the applicable provisions of these
regulations;
5.13.2. Revocation or suspension of Permittee's California Driver's
License;
5.13.3. Failure to cooperate with local agency law enforcement,
code enforcement officers and/or OCT AP Administrator; or
5.13.4. Notification to OCT AP by the taxicab company that the
Permittee is no longer an authorized driver.
5.14. In lieu of revocation or suspension, the OCTAP Administrator may
impose a fine, or a fine and a period of suspension.
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6. VEHICLE INSPECTION STANDARDS
6.1. The minimum vehicle standards are those of the California Vehicle
Code (CVC). All taxicab shall meet all applicable standards of the California
Vehicle Code as well as the following in order to pass the OCTAP vehicle
inspection.
6.1.1. Body Condition
6.1.1.1. No body damage, tears or rust holes in the vehicle
body and/or loose pieces hanging from the vehicle body are permitted. Front and
rear fenders, bumpers and light trim shall be securely fixed to the vehicle.
6.1.1.2. The exterior of the vehicle shall be maintained in a
reasonably clean condition.
6.1.2. Brake System
6.1.2.1. Per CVC 26453.
6.1.3. Defroster Operation
6.1.3.1. Per CVC 26712.
6.1.4. Exhaust System
6.1.4.1. Per CVC 27153.
6.1.5. Fuel Tank Cap
6.1.5.1. Per CVC 27155.
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6.1.6. Horn
6.1.6.1.Per CVC 27000.
6.1.7. Hubcaps
6.1.7.1. Hubcaps or wheel covers shall be on all wheels for
which hubcaps are standard equipment.
6.1.8. Interior Condition
6.1.8.1. Passenger compartment, driver compartment, and
trunk or luggage area shall be clean and free of foreign matter, offensive odors and
litter.
6.1.8.2. Seat upholstery shall be clean. Interior walls and
ceiling shall be kept reasonably clean. No rips or tears are permitted. All repairs
shall be done so as to reasonably match the existing interior.
6.1.8.3. Door handles and doors shall be intact, clean and
operational.
6.1.9. Interior Information
6.1.9.1. A 4" x 6" information card shall be displayed in plain
view of all passengers at all times that a taxicab is in operation.
6.1.9.2. The information card shall contain the following
information on the permit holder: company name, business address and telephone
number; and rate schedule approved by the City.
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6.1.9.3. The valid Driver's Permit issued to the operating
driver shall be in plain view of all passengers at all times that the taxicab is in
operation.
6.1.10. License Plates
6.1.10.1. Per CVC 5202.
6.1.11. Lights
6.1.11.1. Headlights shall be operational on both high and
low beams (CVC 24400).
6.1.11.2. Taillights shall be operational (CVC 24600).
6.1.11.3. Emergency flashers shall be operational (CVC
24252).
6.1.11.4. Reverse lights shall be operational (CVC 24606(a)).
6.1.11.5. Turn signal lights shall be operational (CVC
24951(b)(I)).
6.1.11.6. Brake lights shall be operational (CVC 24603(b)).
6.1.11.7. License plate light shall be operational (CVC
24601).
6.1.11.8. Interior lights shall be operational.
6.1.12.Markings
6.1.12.1. Exterior markings shall consist of company name,
phone number, body number and other OCTAP approved logo. Such exterior
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markings shall be properly and neatly placed and easy to read (in contrasting
colors).
6.1.12.2. Company name shall be placed on each side of
vehicle in letters not less than 3 inches in height (in contrasting colors).
6.1.12.3. Vehicle number shall be placed on each side and
rear of vehicle in numbers not less than 4 inches in height.
6.1.13.Mirrors
6.1.13.1. Per CVC 268709.
6.1.14.Muffler
6.1.14.1. Per CVC 27150(a).
6.1.15.Parking Brake
6.1.15.1. Per CVC 26451.
6.1.16.Proof of Insurance
6.1.16.1. Per CVC 16020/16028.
6.1.17.Radio
6.1.17.1. Vehicle shall be equipped with a two-way radio
in working
order.6.1.18.Seat
Belts 6.1.18.1. Per CVC
27315.6.1.19.Steering and Suspension
System
6.1.19.1. Vehicle's steering and suspension system shall be in
good mechanical order. (CVC 24002(a)(b)).
6.1.20. Taximeter and Meter Seals
6.1.20.1. All vehicles shall have a taximeter III working
order.
6.1.20.2. All taximeters shall have an intact meter seal.
6.1.20.3. Taximeters shall be certified by the County Sealer
of Weights and Measures. The date on the seal shall not be more than 13 months
old.
6.1.20.4. The taximeter shall be placed in the taxicab so that
the reading dial showing the amount offare to be charged shall be well lighted and
easily read by the passenger.
6.1.20.5. A vehicle shall be placed out of service if the meter
is not working, the lead seal is broken, or the approved rate of fare is not being
charged.
6.1.21.Tires
6.1.21.1. Per CVC 27465(b).
6.1.21.2. Every vehicle shall be equipped with a jack, tire
changing tool, and an inflated spare tire. A company may be exempted from this
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requirement upon proof the company has a contract with a towing company and a
policy in place to send another taxicab vehicle for the stranded passengers.
6.1.22. Windows
6.1.22.1. Rear windshield per CVC 26710.
6.1.22.2. Safety glass shall be in all windows.
6.1.23.Windshield Wipers
6.1.23.1. Per CVC 26707.
7. APPEALS
7.1. Appeal Procedure for Permit Application Denial
7.1.1. In the event a Permit application is denied, the applicant shall
be notified in writing of the adverse action and reason therefor.
7.1.2. Within five (5) days of the date of the notice of permit denial,
the applicant may submit a written request for an informal hearing before the
OCT AP Administrator. Failure to request such a hearing shall constitute waiver of
the hearing and the adverse action shall become final.
7.1.3. If the applicant submits a timely request for an informal
hearing, an informal hearing before the OCT AP Administrator shall be held as
soon as practical. At the hearing, the OCT AP Administrator shall explain the
reasons for the denial of the permit application and the applicant shall be given an
opportunity to explain his/her side of the story.
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7.1.4. Within five (5) days following the informal hearing, based on
the information adduced at the hearing, the OCT AP Administrator shall make a
final determination regarding the permit denial, which action shall be final.
7.2. Appeal Procedure for Suspension or Revocation of Permit
7.2.1. In the event a permit is proposed to be suspended or revoked,
the Permittee shall be notified in writing of the proposed action and reason(s)
therefor.
7.2.2. Within ten (10) days of the date of the notice of proposed
adverse action, the Permittee shall submit a written appeal on a form provided by
OCTAP. Failure to file such an appeal within the time frame indicated shall
constitute waiver of the right to an appeal and the proposed action shall become
final.
7.2.3. If an appeal is timely filed, the OCTAP Administrator shall
review the appeal, and based on additional information provided therein, may
revise his findings and penalty in accordance with the additional information
provided, or cause the appeal to be assigned to a Hearing Officer.
7.2.3.1. The OCTAP Administrator shall maintain a list of
qualified Hearing Officers, who shall not be employees of OCT A, and shall
regularly rotate assignments based on availability of the proposed Hearing
Officers.
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7.2.3.2. The Hearing Officer shall expeditiously schedule the
appeal hearing.
7.2.4. The appellant and the OCTAP Administrator or designate
shall each have the right to appear in person and be represented by legal counselor
other representative, to present evidence, to call and cross-examine
witnesses under oath, and to present
argument.7.2.4.1. The formal rules of evidence shall not apply, and
any relevant evidence that is the sort of evidence upon which responsible persons
are accustomed to rely in the conduct of serious affairs shall be
admissible.7.2.4.2. Hearsay evidence may be considered by the
Hearing Officer, but no findings may be based solely on hearsay evidence unless
supported or corroborated by other relevant and competent
evidence.7.2.5. The OCTAP Administrator shall promulgate
supplementary rules and procedures for the conduct of the hearing, the forms of notice
and proceedings, and the preparation and submission ofthe
record.7.2.6. The decision of the Hearing Officer shall be the
final administrative remedy and shall be binding upon the parties to the
appeal.7.2.7. If the Hearing Officer decides to suspend or revoke a
permit,the appellant shall immediately surrender the permit to the OCT AP
Administrator.
8. REFUND POLICY
8.1. There shall be no refunds of any portion of the fees described in
these regulations.
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