§ 4-11. Application rejection or denial, probation, revocation, or suspension—Procedure.

(a)

The County Manager may place a certificate holder on probation by providing written notice to the certificate holder. Where such action is deemed appropriate, the certificate holder may continue to provide the authorized service while complying with the conditions of the probation notice. Said notice shall:

(i)

Specify the reason(s) for which the probation action is to be taken. Such reasons shall include, but are not limited to: violations of this article; failure to make, keep, and/or provide records required by Section 4-8(a)(1); failure to obtain a vehicle operating permit; and failure to pay required fees;

(ii)

Set forth the term of the probation period which shall not exceed one hundred-twenty (120) days;

(iii)

Request a plan of correction for the violation(s) to specify the reasons the action is being taken; and

(iv)

Be served on the certificate holder by certified mail, return receipt requested.

If the certificate holder corrects all or some of the conditions, the County Manager may rescind the probation at any time or proceed with other enforcement action as provided in this Section. Probation or suspension is not a condition precedent to revocation of a certificate.

(b)

Notice of suspension or revocation action. The Manager shall provide notice of suspension or revocation to the violator by certified mail, ten (10) days before the violator must comply with the Manager's decision.

(c)

Appeals from decisions of the Manager and administrative hearings.

(1)

Right to appeal. Any certificate holder shall have the right to appeal application rejections or denials, suspensions, and revocations by the Manager. The named party shall elect to either:

(a)

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

(b)

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

(2)

Filing the appeal. Appeals 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 Manager within the prescribed time period shall constitute a waiver of the person's right to an administrative hearing before the hearing officer. Where the Manager'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 Manager'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 Manager'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 Manager. No hearing shall be set sooner than fifteen (15) calendar days from the date of notice of the Manager'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 Manager.

(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 Manager 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 following rights: 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 Manager's decision the hearing officer must find that a preponderance of the evidence supports the Manager'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 Manager'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 Manager's decisions. Based upon this factfinding determination, the hearing officer shall either affirm or reverse the decision of the Manager. If the hearing officer affirms the decision of the Manager, the named party shall have fifteen (15) days from the date of the hearing officer's decision to comply with the decision of the Manager. If the hearing officer reverses the decision of the Manager 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 Manager, the named party shall not be required to comply with the decision of the Manager, absent reversal of the hearing officer's findings pursuant to Section 4-12. If the decision of the hearing officer is to affirm, then the following shall be included in the decision:

(a)

Decision of the Manager.

(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 Police Department or by the hearing officer's staff;

(c)

Subpoena evidence; and

(d)

Take testimony under oath.

(d)

Suspensions pursuant to this section shall not exceed six (6) months. In addition to provisions found in Section 4-10 of this article, three (3) or more suspensions within any twelve (12) month period may constitute grounds for revocation of the certificate.

(e)

Notwithstanding the provisions of this article, the county manager may secure enforcement of the provisions of this article by any legal action necessary, such as application to any court for injunctive relief or other appropriate relief.

(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)