SEC. 1111.                DISCIPLINARY PROCEEDINGS

(a)             Disciplinary Complaint

In order to initiate a disciplinary proceeding, the SFMTA must present a written complaint consisting of a list of each alleged violation, the alleged facts that establish each violation, and any argument in support of requested disciplinary measure(s) or monetary penalties.  The complaint shall not exceed 10 double-spaced pages, excluding exhibits. The SFMTA may include as a part of the complaint any findings that the SFMTA proposes be adopted by the hearing officer.

(b)             Scheduling a Disciplinary Hearing

The disciplinary hearing shall be scheduled no sooner than 30 calendar days after the disciplinary complaint is provided to the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] unless the parties agree to a different schedule.  The [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] may request a continuance of the hearing by submitting a written request to the [begin insertion] SFMTA and to the [end insertion] hearing officer [begin insertion] at least five business days prior to the scheduled hearing [end insertion] .  The [begin deletion] hearing officer [end deletion] [begin insertion] SFMTA [end insertion] must grant or deny the request for continuance within [begin deletion] 10 [end deletion] [begin insertion] three [end insertion] business days.  If the [begin deletion] hearing officer [end deletion] [begin insertion] SFMTA [end insertion] takes no action on the request within [begin deletion] 10 [end deletion] [begin insertion] three [end insertion] business days the request shall be deemed to be granted. [begin insertion]  If the SFMTA denies the request, it shall immediately forward its decision to the hearing officer, who may also grant or deny the request for continuance in his or her discretion at any time prior to the hearing.  If the hearing officer takes no action on the request, the request shall be deemed to be granted.  The final decision on the request for continuance shall be provided to the Permit Holder and shall be posted on the SFMTA's website. [end insertion]   No continuance [begin insertion] of the disciplinary hearing [end insertion] may [begin insertion] exceed [end insertion] [begin deletion] be granted for a period in excess of   [end deletion] 60 days [begin insertion] , provided, however, that if there is a pending criminal proceeding against the Permit Holder the hearing officer may suspend the hearing pending final resolution of the criminal case [end insertion] .

(c)             Response to Complaint

No later than [begin deletion] 5 [end deletion] [begin insertion] five [end insertion] business days prior to the hearing, the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] may provide the SFMTA and the hearing officer a written response to the disciplinary complaint, along with any additional information the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] considers relevant to the case.  The response shall not exceed [begin deletion] 10 [end deletion] [begin insertion] ten [end insertion] double-spaced pages, excluding exhibits, and shall include a list of the witnesses, if any, that the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] will present at the hearing. The [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] may include as a part of the complaint any findings that the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] proposes be adopted by the hearing officer.  

(d)             Presentation of the Case

 (1)            The SFMTA shall make the initial presentation of its case at the hearing, and shall have the burden of proving, by a preponderance of the evidence, the facts alleged in the complaint and that such facts constitute permit violation(s). 

(2)             Following presentation of evidence, each party shall have at least [begin deletion] 5 [end deletion] [begin insertion] five [end insertion] minutes to present their rebuttal arguments, if any.

(e)             Decision

(1)       The hearing officer shall issue a written decision within [begin deletion] 10 [end deletion] [begin insertion] ten [end insertion] business days of the date of the hearing, and shall include written findings and disciplinary measures or monetary penalties, if any.  No later than [begin deletion] 3 [end deletion] [begin insertion] three [end insertion] business days following the hearing the SFMTA shall publish a summary of the results of the disciplinary case on the SFMTA website, referenced by the case number, date of hearing and the affected permit number.  [begin insertion] The decision shall include written findings and disciplinary measures or monetary penalties, if any.  If a Taxi or Ramp Taxi permit was suspended pending resolution of the case, the decision shall include a finding of whether the matter was resolved substantially in the Permit Holder’s favor. [end insertion]  The full text of the decision shall be sent to the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] no later than the business day following the issuance of the decision.

            (2)       The hearing officer’s decision shall take effect on the date that notice is provided to the [begin deletion] Permittee [end deletion] [begin insertion] Permit Holder [end insertion] . 

(g) [begin insertion] The appeal to the Board of Appeals of any decision to revoke a permit for the operation of a Motor Vehicle for Hire shall automatically suspend the permit that is the subject of the appeal for the duration of the appeal, or 90 days, whichever is less. [end insertion]