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City of Portland

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16.40.940 Company and Driver Permit Suspension and Revocation.

A.  Suspension.  Any permit, certification, decal or taxiplate issued under Chapter 16.40 may be suspended by the Director if the Director finds reasonable grounds to believe that any of the following apply:

1.  A temporary suspension is necessary to protect the public safety;

2.  The permittee’s insurance is not current; or

3.  The permittee has failed to fully pay a civil penalty when due and the permittee did not file a timely appeal.

B.  Revocation.  Any permit, certification, decal or taxiplate issued under Chapter 16.40 may be revoked by the Director if the Director finds reasonable grounds to believe that any of the following apply:

1.  The revocation is necessary to protect the public safety;

2.  The permittee did not comply with the terms and conditions of a temporary suspension;

3.  The permittee is found operating as a for-hire company or driver while on suspension;

4.  A Taxi Driver permittee has fraudulently altered the calibration of the driver’s taximeter;

5.  The permittee provides either the City, an insurance agent or an insurance carrier with materially false information regarding vehicle insurance; or

6.  The permittee has incurred a total of five penalties and/or temporary suspensions during any consecutive twelve-month period.

C.  Simultaneous Revocation.  In the event that a for-hire transportation company permit is revoked, all vehicle decals, certifications and/or taxiplates assigned to that company are simultaneously revoked and void.

D.  Notice Requirements for Suspensions.  If the Director has reasonable grounds to impose a suspension based on any factor found in Subsection 16.40.940 A., the Director will send a “Notice of Proposed Suspension” to the permittee by both regular and certified mail (return receipt requested) at the address listed in the permittee’s application form. The written notice must include the following:

1.  The Director’s findings concerning the alleged violation;

2.  Notice that alleged violator has 10 days from the date of the letter in which to file a written response to the Director if the permittee denies that any violation has occurred;

3.  The terms, conditions and timeframe of the proposed suspension;

4.  Notice that a failure to comply with the terms and conditions may result in a revocation of the permit; and

5.  The permittee’s appeal rights.

E.  Notice Requirements for Revocations.  If the Director has reasonable grounds to revoke a permit based on any factor found in Subsection 16.40.940 B., the Director will send a “Notice of Proposed Revocation” to the permittee by both regular and certified mail (return receipt requested) at the address listed in the permittee’s application form.  The written notice must include the following:

1.  The Director’s findings concerning the alleged violation;

2.  Notice that alleged violator has 10 days from the date of the letter in which to file a written response to the Director if the permittee denies that any violation has occurred; and

3.  The permittee’s appeal rights.

F.  Actual Notice Presumed.  Actual notice of the proposed suspension or revocation is presumed after 5 days of mailing the notices described in Subsections 16.40.550 D. and E. above.

G.  Effective Date of Suspensions and Revocations.  Suspensions and revocations are effective as provided in Subsections 16.40.940 D. and E., except that they are effective immediately if the Director finds reasonable grounds to believe that:

1.  A permittee is not covered by liability insurance as required by Sections 16.40.130 or 16.40.230; 16.40.330; 16.40.430, 16.40.630, 16.40.760 or 16.40.830

2.  Continued operation by the permittee would cause, or is likely to cause, danger to the public health or safety.

H.  Suspension Length.  If the suspension resulted from the failure to pay a civil penalty or due to an ongoing code violation, the suspension continues until the penalty is paid or the violation is corrected.  If no correction or payment is made within 60 days from the date that the suspension became effective, the suspension becomes a revocation.  In all other cases, the suspension will be for a specific number of days and will end automatically with no further required action from the City or permittee.

I.  Right to a Stay.  Suspensions and revocations are stayed if a timely appeal is filed, unless the grounds for suspension or revocation relate to public safety issues, in which case there is no right to a stay.

J.  Renewal Not Allowed After Revocation or During Suspensions.  Permits, decals and taxiplates that have been revoked during their term are not renewable.  Permits, certifications, decals and taxiplates that are in suspended status at the time of renewal are not renewable unless the suspension is for a specific number of days. Drivers and companies whose permits, decals or taxiplates were not renewable due to a prior revocation or suspension are required to successfully complete the initial application process to obtain another permit, decal or taxiplate.