20.90.01.08

.08 Hearings.

A. License Hearing Officer.

(1) The position of license hearing officer is created and vested with the power to hold hearings involving violations of the Public Service Commission's regulations governing, among others, taxicab drivers of Public Service Commission authorized taxicabs and taxicab companies.

(2) After hearing, and upon final order issued, if a taxicab driver's license is suspended or revoked, or a civil penalty is imposed, the licensee has the right to seek judicial review of the final order in the same manner as judicial review may now be sought from other orders of the Public Service Commission.

(3) Copies of charges against taxicab drivers and related decisions of the license hearing officer and the Public Service Commission will be furnished to the taxicab owner.

B. Upon initial denial of a license, after administrative review, the applicant shall be informed by letter of the specific reasons for this denial, of his or her right to appeal the denial to the license hearing officer, of the manner in which the applicant may exercise this right, and of his or her right to legal representation. Accompanying, and in addition to, this letter, each applicant shall be sent a copy of the Public Service Commission's regulations.

C. A denied applicant may request a hearing by writing to the Public Service Commission.

D. Any party to a taxicab hearing shall have, in addition to any other rights to which he or she may be entitled by law, the right to:

(1) Summons witnesses, present evidence, and present argument;

(2) Conduct cross examination and submit rebuttal evidence; and

(3) Take depositions within or without the State, in accordance with the procedure provided by law or rule of court with respect to actions at law, subject to limitations imposed by the Public Service Commission to prevent undue delay.

E. All admissible and relevant evidence, including records and documents in the possession of the Public Service Commission, shall be offered and made part of the record in any case. Other factual information or evidence, not part of the record, may not be considered by the Public Service Commission in the determination of the case. Prior to the hearing, the applicant or his representative shall be given an opportunity to inspect all pertinent records and documents, relating to the applicant or his record, in the possession of the Public Service Commission.

F. If the applicant exercises the right to seek judicial review, a verbatim transcript of the hearing shall be made available to the applicant or his designated representative within 20 days after the hearing, upon payment of the cost of the transcript.