SEC. 1109.    GENERAL PROVISIONS GOVERNING HEARINGS

1. (a)       Definitions.

2. For the purpose of Sections 1109 through 1111, "SFMTA" shall refer to the SFMTA's Taxis and Accessible Services Division.  The term "hearing officers" as used in those Sections refer to individuals assigned to the SFMTA's Hearing Division, and designated by the SFMTA Board of Directors to conduct hearings as described herein. 

3. (b)       Ex Parte Communications

4.             (1)       No person or agency may communicate directly or indirectly with a hearing officer at any time while a case is pending unless there is notice and an opportunity for the other parties to participate.

5. (2)       Any correspondence regarding the substance of a case directed to or received by any hearing officer shall become part of the case [begin deletion] [begin insertion] record [end insertion] [end deletion] [begin insertion] file [end insertion] and shall be copied to both parties within 48 hours of the communication.  If the communication received is oral, the hearing officer shall prepare a memorandum for the record stating the substance and the date of the communication, any response made, and the identity of each person from whom the communication was received.  If a communication is received within 48 hours of a scheduled hearing, the hearing officer must immediately provide copies of the communication to the parties. 

6.             (3)       Except as permitted by these procedures and any applicable laws and regulations, there shall be no contact between the Taxis and Accessible Services Division and the Hearing Division with respect to any pending case.  This [begin insertion] prohibition [end insertion] does not preclude the two SFMTA Divisions from communicating about administrative, procedural or policy matters that do not involve any pending case regarding any individual permit or permit application.

7. (c)       Presentation of Evidence

(1)       During any hearing the hearing officer(s) shall have the discretion allow the introduction of any relevant evidence.  The hearing officer, on his or her own motion, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary by the hearing officer to render a decision.

(2)       In any hearing, subject to the hearing officer(s) discretion to limit evidence to evidence that is relevant to the proceeding, either party may present their case by means of oral or documentary evidence, may submit rebuttal evidence, and may conduct cross-examination of adverse witnesses. Either party may call as live witnesses at a hearing any person whose written declaration was submitted as part of their complaint or response.

(3)       If the SFMTA intends to present witnesses at any hearing, it shall provide a list of such witnesses at least 5 calendar days prior to the hearing to the hearing officer and the Permit Holder or permit applicant.

            (4)       The hearing officer may set reasonable time limits for the presentation of each party's case, but in all cases any time limitation or any extension thereof must apply equally to both parties. 

8. (d)       Public comment

9. Public comment is not allowed during hearings governed by Sections 1109 through 1111 [begin insertion] , except that interested parties who comply with Section 1110(c)(2) may appear at hearings regarding the issuance of a Medallion [end insertion] .

10. (e)       Notices

11.             (1)       Any notice, filing or other communication required to be provided to the Permit Holder by Sections 1109 through 1111 shall be delivered to the Permit Holder or the permit applicant by personal delivery [begin deletion] [begin insertion] , [end insertion] [end deletion] [begin insertion] or [end insertion] registered U.S. mail to both the last known address of the Permit Holder or applicant and of [begin deletion] [begin insertion] the color scheme [end insertion] [end deletion] [begin insertion] a Color Scheme [end insertion] with which the Permit Holder or applicant is [begin insertion] affiliated [end insertion] [begin deletion] [begin insertion] associated [end insertion] [end deletion] , if any, that is on file with the SFMTA.

12.             (2)       All notices, filings or other communications required to be provided to the SFMTA shall be delivered by hand or mailed by first class mail, postage pre-paid to:

13. San Francisco Municipal Transportation Agency

14. Division of Taxis and Accessible Services, Permits Section

15. 1 South Van Ness, 7^th Floor

16. San Francisco, CA 94103

17. (3)       All notices, filings or other communications required to be provided to a hearing officer or the Hearing Division shall be delivered by hand or mailed by first class mail, postage pre-paid to:

18. San Francisco Municipal Transportation Agency

19. Hearing Division

20. 11 South Van Ness

21.                                     San Francisco, CA 94103

            (4)       The date of any notice, filing or other communication directed to the SFMTA or the Hearing Division shall be the date that it is received at one of the locations listed above.