Lodi Municipal Code Art. VI Appeals

A. The city clerk or chief of police shall notify the applicant that the issuance or renewal of his or her taxicab owner's permit or taxicab driver's permit has been denied. The city clerk or chief of police shall also notify the applicant of the right to appeal the denial to the city manager.

B. Any written appeal shall be filed with the city clerk within ten calendar days of transmittal of the written notice to the person affected by such decision. Service shall be by regular postal service or personal delivery.

C. A denial of issuance or renewal shall remain in effect until a duly-filed appeal is heard as set forth in Section 5.24.330.

D. If no appeal is filed within the time allowed, the city's decision to not issue or renew the taxicab owner's permit or taxicab driver's permit shall be considered final.

(Ord. No. 1930, § 1, 10-19-2016)

A. An applicant or permittee shall file an appeal within ten calendar days from the service of the notice of denial, suspension, or revocation from the city clerk or chief of police.

B. Appeals to the city manager:

1. Any decision of the city clerk or chief of police which is a denial to issue or renew, or a suspension or revocation of a taxicab owner's permit or taxicab driver's permit, shall not become final until ten calendar days after the date of transmittal of the written notice to the person affected by such decision, during which period the party to the action may appeal the decision in the manner provided herein at any time prior to the expiration of the ten-day period. If no appeal is taken before the expiration of the ten-day period, the decision of the city clerk or chief of police shall be final.

2. The appeal of any decision shall be in writing signed by the party to the action briefly setting forth the reasons why such decision is not proper, stating an address at which the appellant will receive notices and filed with the city manager.

3. The city manager shall upon receipt of the appeal set the matter for hearing before a hearing officer. The hearing officer shall be an attorney or recognized mediator designated by the city attorney. The hearing shall be scheduled for not more than thirty calendar days after receipt of the appeal unless a longer time is requested or consented to by the appellant.

4. The hearing shall not be conducted under the formal Rules of Evidence, but shall be subject to such standards of procedure and evidence as reasonable people would utilize in the conduct of serious business.

5. The appellant (or a representative) shall have the right to present his or her case in person.

6. The hearing officer shall consider the case record as well as any statements offered by interested parties. The hearing will be conducted according to administrative rules relating to evidence and witnesses as set forth in Chapter 1.10 of this code.

7. If the hearing officer refuses to issue or restore a taxicab owner's permit or taxicab driver's permit, the party to the action, or such party's agent, shall not file a new application within three hundred sixty five days from the date of final action by the hearing officer.

8. If the hearing officer suspends a taxicab owner's permit or taxicab driver's permit, the hearing officer shall impose a period of suspension of not more than thirty days.

9. If the hearing officer's action is to grant or restore a taxicab owner's permit or taxicab driver's permit, the hearing officer shall direct the city clerk to issue or restore the certificate or license.

C. Any party dissatisfied with the decision of the hearing officer may carry the matter forward under the provisions for administrative mandamus (Code of Civil Procedure Section 1094.5) as it now exists or may later be amended.

(Ord. No. 1930, § 1, 10-19-2016)