SEC. 1112.    SUMMARY SUSPENSION OF PERMIT FOR HEALTH OR SAFETY REASONS

(a)       Summary suspension.  When the SFMTA determines that an alleged permit violation poses an ongoing risk to public health or safety, the SFMTA may summarily suspend the permit pending the outcome of a disciplinary hearing conducted pursuant to Section 1111.  Any affected [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] shall be given notice of such suspension in writing delivered to said [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] in person or by registered U.S. mail.  Such notice shall also contain a statement of the grounds for suspending the permit.    

            (b)       Summary Suspension Hearing; Decision Following Hearing

                        (1)       Any [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] who wishes to challenge the summary suspension of his or her permit may request, in writing, a hearing at which the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] may show cause why the permit should not be summarily suspended pending the outcome of the disciplinary hearing conducted pursuant to Section 1111.  Upon receipt of a [begin deletion] Permittee’s [end deletion] [begin insertion] Permit Holder’s [end insertion] request for a summary suspension hearing, SFMTA shall promptly set the time and place for said hearing and shall cause notice of such hearing to be delivered to [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] in person or by registered U.S. mail.

                        (2)       The hearing officer shall render a written decision no later than the business day following the summary suspension hearing. 

      (c)       Appeal.  A summary suspension is not subject to appeal.  Where a permit is revoked after a summary suspension, the revocation shall be effective immediately and, if the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] appeals to the Board of Appeals, shall remain in effect until a final decision is issued by the Board of Appeals. 

(d)       While a Taxi or Ramp Taxi permit is suspended pursuant to Section 1112, the Color Scheme with which the permit is affiliated may allow the operation of the permit by any person with a valid Driver permit other than the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] .  During the period of suspension any lessee of the permit shall continue to pay Lease Fees to the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] .  The lessee may withhold an amount from each Lease Fee payment representing the actual expenses incurred by the lessee during the prior payment period to maintain the vehicle in accordance with all requirements of this Article, including insurance payments, The lessee must provide documentation of all such expenses to the lessor at the time that any such funds are withheld from Lease Fee payments.