SEC. 1110. PERMIT ISSUANCE [begin insertion] ; [end insertion] [begin insertion] INACTIVE APPLICATIONS [end insertion]
(a) Permit Issuance. The SFMTA may issue any class of Motor Vehicle for Hire Permit upon its determination that the permit applicant meets all requirements and qualifications for the permit.
1. (b) Investigation. The SFMTA shall investigate each individual permit applicant. SFMTA shall provide results of the investigation to the applicant. The applicant must furnish any additional material requested by the SFMTA within 60 days of the date of the SFMTA’s notice to the applicant of the results of the investigation. If additional material requested by the SFMTA is not provided within 60 days’ of request, the application shall be deemed inactive.
[begin insertion] (c) [end insertion] [begin deletion] (b) [end deletion] Hearing Procedures for [begin insertion] Denial of [end insertion] Permit Application; Appeal
(1) If the SFMTA denies a permit application for any permit other than a Taxi or Ramp Taxi [begin deletion] [begin insertion] permit [end insertion] [end deletion] [begin insertion] Medallion, or if the SFMTA determines that an application for any permit is inactive pursuant to Sections 1103(b)(2) or 1103(b)(4) [end insertion] , the SFMTA shall provide [begin deletion] [begin insertion] a [end insertion] [end deletion] notice of [begin insertion] such determination or [end insertion] denial of the permit to the applicant. The applicant may request a hearing on the [begin insertion] determination or [end insertion] denial of the permit by submitting to SFMTA a request for hearing within 20 business days of the date that the notice [begin deletion] [begin insertion] of denial [end insertion] [end deletion] is personally delivered or sent to the applicant by registered mail.
[begin insertion] (2) [end insertion] A hearing on the [begin insertion] determination [end insertion] denial of the permit shall be scheduled within [begin deletion] [begin insertion] 120 [end insertion] [end deletion] [begin insertion] 60 [end insertion] calendar days from the date that the applicant submitted a request for hearing. [begin insertion] The SFMTA shall provide the complete application and results of investigation of the applicant to the Hearing Division upon receipt of a request for hearing. [end insertion]
[begin insertion] (3) [end insertion] [begin insertion] Prior to making a decision on a permit application, SFMTA may refer the permit application to a hearing officer for hearing if here are factual discrepancies in the application that the SFMTA is unable to resolve, or if investigation reveals that the applicant may have engaged in fraud, misrepresentation, or other misconduct in connection with the application process. [end insertion]
[begin insertion] (4) [end insertion] [begin deletion] (2) [end deletion] The SFMTA shall schedule a hearing prior to the issuance of any Taxi or Ramp Taxi [begin deletion] permit [end deletion] [begin insertion] Medallion [end insertion] . Any interested party may file a written submission no less than [begin deletion] [begin insertion] 5 business [end insertion] [end deletion] [begin insertion] 15 calendar [end insertion] days prior to the hearing, containing any information relevant to the qualifications of the applicant for the Taxi or Ramp Taxi [begin deletion] permit [end deletion] [begin insertion] Medallion [end insertion] that the interested party would like the hearing officer to consider. The submission shall not exceed 10 double-spaced typed pages, excluding exhibits. [begin insertion] The SFMTA shall provide a copy of the submission to the applicant and on the official SFMTA website. [end insertion] The interested party may appear at the hearing and shall be given at least [begin deletion] 10 [end deletion] [begin insertion] ten [end insertion] minutes to present the information contained in the written submission [begin insertion] ; provided, however, that the hearing officer may reduce the time for presentations if there are a large number of interested parties appearing at the hearing, but in all cases any time limitation or any extension of time must apply equally to all interested parties. [end insertion]
(3) The applicant is entitled to a 30 calendar day continuance of the hearing date, if a written request is submitted to the hearing officer at least 14 calendar days prior to the scheduled hearing. The applicant may request an additional continuance within 14 days of the continued hearing date, but no continuance may be granted for a period in excess of 60 days.
(4) The SFMTA may present a summary of its investigation no more than [begin deletion] 10 [end deletion] [begin insertion] ten [end insertion] double-spaced pages, excluding exhibits, no less than 20 calendar days prior to the hearing.
(5) No less than [begin deletion] 5 [end deletion] [begin insertion] five [end insertion] business days prior to the hearing, the applicant may file a written submission containing any information the applicant deems relevant to the application or the results of the investigation. The submission shall not exceed [begin deletion] 10 [end deletion] [begin insertion] ten [end insertion] double-spaced typed pages, excluding exhibits. If the applicant intends to present witnesses at the hearing, it shall present a list of these witnesses at least [begin deletion] 5 [end deletion] [begin insertion] five [end insertion] calendar days prior to the hearing.
(6) The burden of proof shall be on the applicant to establish that the applicant meets all [begin deletion] permit [end deletion] requirements.
(7) If the hearing officer determines that a permit applicant is qualified for the permit, the SFMTA shall issue the permit within [begin deletion] 10 [end deletion] [begin insertion] ten [end insertion] business days of the [begin insertion] hearing [end insertion] officer’s determination. [begin insertion] If the applicant is contesting his or her removal from a Waiting List, and the hearing officer determines that the applicant is eligible for the permit and has met all permit application requirements, the SFMTA shall restore the applicant to their place on the Waiting List. If the applicant is contesting a determination that his or her application is inactive, and the hearing officer determines that the application is active in accordance with the criteria listed in Section 1103(b), then the SFMTA shall continue to process the application. [end insertion]
(8) A hearing officer's decision on any permit application shall be based upon the qualifications of the applicant [begin insertion] and the criteria set forth in this Article [end insertion] . The hearing officer(s) shall make a written report of findings setting forth evidence in support of each finding within [begin deletion] 120 [end deletion] [begin insertion] 60 [end insertion] calendar days of the hearing. Any finding made at or as a result of a hearing conducted pursuant to this Section may be appealed by the applicant to the Board of Appeals.