§ 84.1-4-1. Appeals from decisions of the director; procedure.

(a)

If the Director denies, suspends or revokes any taxicab driver's license or suspends or revokes any or all taxicab certificates, or denies or revokes a certificate holder's approval to self-insure, any party aggrieved thereby may appeal such decision to the Commission.

(b)

Any appeal will be filed with the Department by the appellant or by the legal representative of the appellant. Appeals will be in writing, and appeals will include a brief statement of the reasons thereof. Appeals will be filed within 45 calendar days of receipt of the notice of denial, suspension or revocation, and appeals will be signed by the appellant or the legal representative of the appellant.

(c)

Upon receipt of any notice of appeal, the Commission will set a time and place for such hearing and will give the appellant or legal representative and the Director reasonable notice thereof. All hearings on appeals will be scheduled and determined as promptly as practicable and in no event more than 60 calendar days from the date the notice of appeal is filed.

(d)

The Commission will consider the case record as well as the statement offered by any interested party and will consider the matter de novo, and the Commission will, upon the basis of the record before it, affirm, modify or reverse the decision of the Director.

(e)

If the Commission affirms the decision of the Director to suspend or revoke a taxicab driver's license, any taxicab certificates, or a certificate holder's approval to self-insure, then the suspension or revocation will be effective from the date of the Commission's decision.

(f)

If the Commission reverses the decision of the Director, the Director will issue or restore the taxicab driver's license, taxicab certificate(s), or a certificate holder's approval to self-insure in accordance with the Commission's decision.

(g)

Except as otherwise provided in this Subsection, an appeal of the decision of the Director to suspend or revoke a taxicab driver's license under Section 84.1-3-7, or the suspension or revocation of any or all operator's certificates under Section 84.1-2-12 will stay the effective date of the suspension or revocation. However, if any suspension or revocation of any operator's certificates is based on Section 84.1-2-12(a)(4), or if any suspension or revocation of any taxicab driver's license is based on Section 84.1-3-4(c)(2), (5) or (6) or Section 84.1-3-7(b)(2), then the decision of the Director will remain in effect until the Commission has rendered its decision on the appeal.

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

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