§ 31-211. Suspension or revocation proceedings.

(a)

Certificates; permits; registration. Except as otherwise specified, certificates, permits, and registrations (issued pursuant to this article) shall be subject to suspension or revocation by the Director as follows:

(1)

Certificates. Upon notice and hearing as hereinafter specified when it shall appear that:

a.

The holder thereof has failed or neglected to render the full service authorized by the certified for a total period of eight (8) months during any calendar year; or

b.

The holder thereof has been convicted of a felony or any criminal offense involving moral turpitude; or

c.

The certificate was obtained by an application in which any material fact was omitted or falsely stated; or

d.

The holder thereof has permitted his passenger motor carrier vehicle to be operated in violation of any law; or

e.

The holder thereof has failed to comply with or has willfully violated any of the provisions of this article; or

f.

The holder thereof is in default of its contractual obligations to Miami-Dade County pursuant to a contract to provide MDTA services; or

g.

The contract between the holder thereof and Miami-Dade County to provide MDTA services expires or is terminated; or

h.

The public interest will best be served by revocation or suspension; provided, however, that good cause be shown.

(2)

Permits. Upon notice and hearing as hereinafter specified when it shall appear that:

a.

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

b.

The holder thereof has failed to comply with any provisions of this article or any lawful order of the Director; or

c.

The public interest will best be served by revocation or suspension; provided, however, that good cause be shown.

(3)

Registrations. Upon notice and hearing as hereinafter specified when it shall appear that:

a.

The chauffeur has failed to comply with or has willfully violated any of the provisions of this article; or

b.

The chauffeur has pled guilty or nolo contendere to driving under the influence of alcoholic beverages, model glue or any substance controlled under Chapter 893, Florida Statutes, or has been convicted of same; or

c.

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

d.

The public interest will best be served by revocation or suspension; provided, however, that good cause be shown.

(b)

Notice of hearing. All hearings required by this section shall be preceded by a minimum of ten (10) days' notice. Said notice shall specify the Director's proposed action and the grounds upon which the action is predicated. The operator or chauffeur (as the case may be) may be represented by legal counsel and shall be entitled to present his defense to the proposed action. Failure to appear at a duly noticed hearing shall be deemed a waiver of the right to hearing and an admission of the acts specified in the notice. All such hearings shall be conducted before hearing examiner who shall not have responsibility for the enforcement of this article and who shall be designated by the Director, and insofar as is practicable in accordance with the rules of civil procedure governing the procedure in Circuit Court, except as may be provided in this Code or by rules adopted by the Board of County Commissioners. All such hearings shall be reported and, at the request of any party, transcribed.

(c)

Finding, conclusion and recommendation. Within a reasonable time after the conclusion of the hearing, the hearing examiner shall submit to the Director a statement of findings, conclusions and recommendations. If the hearing examiner affirms the Director's proposed action, the appellant shall pay the administrative costs of the hearing, unless such decision is reversed on subsequent appeal. The Director shall promptly notify all parties of his or her decision.

(d)

Powers. The hearing examiner shall have the power to administer oaths, subpoena witnesses upon the written request of any interested party and may compel the production of records, books and papers. Should the hearing examiner, without good cause, refuse to subpoena witnesses or compel the production of books, records or papers, then any interested party may, without cost to the petitioner, petition the County Court to order the appearance of any witness or witnesses or order the production of any books, records or papers necessary to a fair and proper hearing. Failure of any witness ordered to appear or failure of any person ordered to produce books, records or papers may constitute a contempt of court and may be punishable as may any other contempt of court.

(e)

Penalties. Suspensions pursuant to this section shall not exceed six (6) months. Three (3) or more suspensions within any twelve-month period may constitute grounds for revocation of the certificate, permit, or registration.

(f)

Appeals. The Director's decision may be appealed to the County Manager within ten (10) days of the date of said decision. Such appeal shall not stay the Director's decision. Upon such an appeal, the County Manager shall consider the transcript of the hearing and all evidence produced at the hearing. No further testimony or exhibits shall be permitted. The County Manager shall, within twenty (20) days, on the basis of the record established before the Director, either affirm, reverse or modify the Director's decision.

(Ord. No. 91-130, § 2, 11-5-91)