Sacramento Municipal Code Art. V Procedures for Denial, Suspension or Revocation of Permits

A. No permit issued pursuant to this chapter shall be suspended or revoked until the permittee is provided notice, pursuant to Section 5.136.710, and an opportunity to be heard by the director.

B. Notwithstanding subsection A of this section, a permit issued pursuant to this chapter may be suspended or revoked immediately upon the director's determination that any of the following circumstances exist:

1. The permittee is in violation of the insurance requirements set forth in Section 5.136.440 or 5.136.650; or

2. The suspension or revocation of the permit is based on subsection D or E of Section 5.136.120, 5.136.320 or 5.136.520 relating to criminal charges or convictions; or

3. Immediate suspension of the permit is necessary to protect the public health, safety or welfare.

C. If a permit is immediately suspended pursuant to subsection B of this section, the subject permittee shall subsequently be provided notice, pursuant to Section 5.136.710, and an opportunity to be heard by the director. (Ord. 2013-0002 § 6; Ord. 2010-028 § 2)

A. Notice of a hearing on the director's decision to suspend or revoke a permit issued pursuant to this chapter, shall be served on the permittee, and to the related taxicab fleet association, if different. The notice shall be in writing and contain a brief statement of the grounds for the action, and the date, time and location of the hearing.

B. The notice of hearing shall be personally served or sent by certified mail to the permittee at the address submitted in the permit application at least ten (10) calendar days prior to the hearing. Service by certified mail is complete at the time the notice is deposited in the mail. (Ord. 2010-028 § 2)

A. If, after the permittee has had an opportunity to be heard, the director decides to suspend or revoke a permit issued pursuant to this chapter, the director shall cause written notice of the decision to be personally delivered or sent by certified mail to the permittee, and the related taxicab fleet association, if different. The notice shall be in writing and contain:

1. The specific grounds for the decision;

2. A statement that the permittee may appeal the decision by submitting an appeal, in writing to the director, within ten (10) calendar days of the date of service of the notice; and

3. A statement advising that the failure to appeal the decision will constitute a waiver of all rights to an appeal hearing, and the decision will be final. Failure to properly and timely appeal the decision shall also constitute a failure to exhaust administrative remedies and a bar to any judicial action pertaining to the director's decision.

B. The notice of decision shall be personally served or sent by certified mail to the permittee at the address submitted in the permit application. Service by certified mail is complete at the time the notice is deposited in the mail. (Ord. 2010-028 § 2)

A permittee shall return any permit that has been suspended or revoked pursuant to this chapter to the director within three calendar days of the receipt of the notice of decision as provided for in Section 5.136.720. (Ord. 2010-028 § 2)

A. Any applicant or permittee aggrieved by the director's decision to deny, suspend, or revoke a permit issued pursuant to this chapter, may appeal the decision by submitting a written notice of appeal to the director within ten (10) calendar days from the date of service of the notice of decision. The written notice of appeal shall contain:

1. A brief statement in ordinary and concise language of the specific decision protested, together with any material facts claimed to support the contentions of the appellant;

2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested decision should be reversed or otherwise set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and

4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.

B. The appeal hearing shall be conducted by a hearing examiner appointed pursuant to Section 8.04.070 of this code.

C. Upon receipt of any appeal filed pursuant to this section, the director shall transmit the appeal to the secretary of the hearing examiner who shall calendar it for hearing as follows:

1. If the appeal is received by the director not later than fifteen (15) days prior to the next regularly scheduled appeal hearing date, it shall be calendared for hearing on that date.

2. If the appeal is received by the director less than fifteen (15) days prior to the next regularly scheduled appeal hearing date, it shall be calendared for hearing on the next subsequent appeal hearing date.

D. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

E. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing.

F. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the matter and any portion thereof. (Ord. 2011-032 § 2)