§ 31-91. Suspension and revocation proceedings.

(a)

Grounds for suspension or revocation. In addition to the grounds for automatic suspension or revocation provided elsewhere in this chapter, for-hire licenses, passenger service company registrations, operating permits, and chauffeur registrations shall be subject to suspension or revocation by the Director as follows:

(1)

Upon the Director's determination that:

(i)

The license, registration or permit holder has pled nolo contendere, pled guilty, been found guilty or been convicted (regardless of whether adjudication has been withheld) of any criminal offense which would preclude the issuance of the license, registration or permit as provided in this chapter;

(ii)

The license, registration or permit was obtained by an application in which any material fact was omitted or falsely stated;

(iii)

The license, registration or permit holder has failed to comply with or has violated any of the provisions of this chapter; or

(iv)

The public interest will best be served by revocation or suspension of the license, registration or permit provided, however, that good cause be shown;

(v)

The chauffeur has failed any drug test required by the Code or state or federal law; or

(vi)

A taxicab renewal application does not comply with the requirements of this chapter;

(vii)

Any for-hire motor vehicle has been operated in violation of any of the provisions of this chapter.

(b)

Notice of suspension or revocation action. Except where this chapter provides for automatic suspension or revocation, the RER shall provide notice of suspension or revocation to the violator by certified mail ten (10) days before the violator must comply with the Director's decision.

(c)

Appeals from decisions of Director and administrative hearings.

(1)

Right to appeal. Any for-hire license holder, passenger service company registration holder, and for-hire chauffeur shall have the right to appeal application denials, suspensions and revocations by the Director. The named party shall elect to either:

(a)

Comply with the Director's decision in the manner indicated on the Notice of Director's Decision; or

(b)

Request an administrative hearing before a hearing officer to appeal the decision of the Director.

(2)

Filing the appeal. Appeal by administrative hearing shall be accomplished by filing within ten (10) days after the date of the decision complained of a written notice of appeal to the Clerk of the Courts, Code Enforcement Section. The notice of appeal shall set forth concisely the nature of the decision appealed and the reasons or grounds for appeal.

(3)

Failure to appeal. Failure to appeal the decision of the Director within the prescribed time period shall constitute a waiver of the person's right to an administrative hearing before the hearing officer. Where the Director's decision involves a suspension or revocation, a waiver of the right to an administrative hearing shall be treated as an admission of the violation and the Director's decision shall be deemed final and enforceable. No further remedies shall be granted and the decision shall stand.

(4)

Hearing officers. Hearing Officers shall be appointed by the Clerk of the Courts, Code Enforcement Section.

(5)

Scheduling and conduct of hearing.

(a)

Upon receipt of a timely request for an administrative hearing, the hearing officer shall set the matter down for hearing on the next regularly scheduled hearing date or as soon as possible thereafter or as mandated in the specified section of the Code.

(b)

The hearing officer shall send a notice of hearing by first class mail to the named party at his, her or its last known address. The notice of hearing shall include but not be limited to the following: place, date and time of the hearing; right of the named party to be represented by a lawyer; right of the named party to present witnesses and evidence; in the case of a director's decision involving suspension or revocation, notice that failure of the named party to attend the hearing shall be deemed a waiver of the right to hearing and an admission of the acts specified in the notice; and notice that requests for continuances will not be considered if not received by the hearing officer at least ten (10) calendar days prior to the date set for hearing.

(c)

The hearing officers shall call hearings on a monthly basis or upon the request of the RER. No hearing shall be set sooner than fifteen (15) calendar days from the date of notice of the Director's decision, unless otherwise prescribed by this chapter.

(d)

A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the hearing officer at least ten (10) calendar days prior to the date set for the hearing. No additional continuances shall be granted without concurrence of the RER.

(e)

All hearings conducted by a hearing officer shall be open to the public. All testimony shall be under oath. If the named party has been properly notified, a hearing may proceed in the absence of the named party and the failure to attend a hearing shall be deemed a waiver of the right to a hearing and an admission of the acts specified in the notice.

(f)

The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript.

(g)

The Clerk of the Board of County Commissioners shall provide clerical and administrative personnel as may be reasonably required by each hearing officer for the proper performance of his or her duties.

(h)

Each case before a hearing officer shall be presented by the Director or his or her designee.

(i)

The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses.

(j)

Each party shall have the right: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any relevant matter; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. All relevant evidence shall be admitted.

(k)

The hearing officer shall make findings of fact based on the evidence of record. In order to make a finding upholding the Director's decision the hearing officer must find that a preponderance of the evidence supports the Director's decision and, where applicable, indicate that the named party was responsible for the violation of the relevant section of the Code as charged.

(l)

If the Director's decision is affirmed the named party may be held liable for the reasonable costs of the administrative hearing.

(m)

The fact-finding determination of the hearing officer shall be limited to whether the alleged violation occurred or whether competent, substantial evidence supports the Director's decisions. Based upon this fact-finding determination, the hearing officer shall either affirm or reverse the decision of the Director. If the hearing officer affirms the decision of the Director, the named party shall have fifteen (15) days from the date of the hearing officer's decision to comply with the decision of the Director. If the hearing officer reverses the decision of the Director and finds (1) the named party not responsible for the violation alleged; or (2) insufficient basis for the denial of application, a written decision shall be prepared setting forth the basis for such determination. If the hearing officer reverses the decision of the Director, the named party shall not be required to comply with the decision of the Director, absent reversal of the hearing officer's findings pursuant to Section 31-91(c)(6). If the decision of the hearing officer is to affirm, then the following shall be included in the decision:

(a)

Decision of the Director.

(b)

Administrative costs of the hearing.

(c)

Date for compliance, if applicable.

(n)

The hearing officer shall have the power to:

(a)

Adopt procedures for the conduct of hearings;

(b)

Subpoena alleged violators and witnesses for hearings; subpoenas may be served by the Miami-Dade County Sheriff's Department or by the hearing officer's staff;

(c)

Subpoena evidence; and

(d)

Take testimony under oath.

(6)

Appeals.

(a)

The named party or the county may appeal a final order of the hearing officer by filing a notice of appeal in the Circuit Court in and for Miami-Dade County, Florida, in accordance with the procedures and within the time provided by the Florida Rules of Appellate Procedure for the review of administrative action.

(b)

Unless the findings of the hearing officer are overturned in a proceeding held pursuant to section 31-91(c)(6), all findings of the hearing officer shall be admissible in any further proceeding to compel compliance with the Director's decision.

(7)

Nothing contained in this chapter shall prohibit Miami-Dade County from enforcing the Code by any other means authorized by law. The enforcement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this Code. The words "action" and "decision" as used herein shall not include the filing of any action by the Director in any court. The Director may reconsider at any time any action or decision taken by the Director and therefore may modify such an action or decision.

(Ord. No. 81-85, § 3, 7-21-81; Ord. No. 88-118, § 2, 12-6-88; Ord. No. 98-105, § 1, 7-9-98; Ord. No. 16-43, § 1, 5-3-16)