§ 84.1-2-10. Sale or transfer of the operating company.

(a)

In the event of an agreement to sell or otherwise transfer control of a certificate holder, including, but not limited to, any form of lease-purchase or other long-term arrangement, the certificate holder must notify the Department of the agreement as soon as practicable, including the identity of the transferee or transferees and anticipated date on which control will transfer. Notification does not relieve the certificate holder of its obligations under Chapter 84.1. A transferee may not provide taxicab service in Fairfax County until authorized to do so on an interim basis by the Director or on a permanent basis by the Board.

(b)

Each transferee must submit an application for an operator's certificate to the Director to establish its ability to provide taxicab services consistent with requirements of this chapter. Failure to do so, as herein required, may lead to certificate revocation. That application will be made upon forms provided and in the format requested by the Department, and completed as required by Section 84.1-1-1(b).

(c)

A transferee that has submitted an application for an operator's certificate (hereinafter applicant) may request interim authority to provide taxicab service until such time as the Board can act upon its application.

(1)

A written request for interim authority shall be submitted by the applicant to the Director no earlier than the submission of the application required by Section 84.1-2-10(b). The request for interim authority may be granted by the Director based upon the information provided in the application.

(2)

If the Director grants interim authority, the transferor may cancel its insurance after the applicant files acceptable proof of insurance, files all other required documents, and the Director has advised the transferee in writing that it is authorized to begin operations.

(3)

A grant of interim authority shall terminate no later than the date on which the Board takes action on the application. The interim authority shall terminate if the application is withdrawn or if the Director determines that the applicant has not adequately responded to Director, Commission or Board inquiries regarding the application.

(d)

Following submission of the application required by Section 84.1-2-10(b), either the certificate holder or applicant may submit a written request to the Director for a stay of the 18-month period provided in Section 84.1-2-9(b) and (c). A stay shall be effective upon the Department's receipt of the written request and shall terminate no later than the date on which the Board takes action on the application. The stay shall terminate if the application is withdrawn or if the Director determines that the applicant has not adequately responded to Director, Commission or Board inquiries regarding the application.

(e)

The Commission will hold a public hearing on the application, as provided in Section 84.1-2-6. Upon holding public hearings and after such further investigation as it may deem advisable, the Commission will make recommendations to the Board. In making its recommendations to the Board, the Commission will consider the provisions of Section 84.1-2-6(b), excluding Section 84.1-2-6(b)(1).

(f)

Upon Board approval of the applicant's request for operating authority and award of taxicab certificates, the Director will reassign the taxicab certificates from the transferor to a transferee in compliance with Section 84.1-2-7.

(4-00-84.1; 56-08-84.1; 39-16-84.1.)

(4-00-84.1; 56-08-84.1; 39-16-84.1.)