As used in this Article, a "license" shall mean
a hack plate, a taxicab driver's license, a limousine license plate
or a livery license.
When a person entitled to a hearing under this
Article makes a timely request for a hearing, the Sheriff shall schedule
such hearing within 10 days after the request. The Sheriff shall hear
and determine the charges. The holder or applicant shall be permitted
to be represented by counsel at the hearing, to submit evidence and
summon witnesses on his behalf, to inspect documents and to cross-examine
opposing witnesses. The burden of proving the charges shall be upon
the person alleging the same. Compliance with the technical rules
of evidence shall not be required.
In determining whether a license should be denied
to an applicant or whether a penalty should be imposed upon a holder
for a violation of a law or ordinance, the Sheriff shall consider
the following factors:
A. The nature of the violation.
B. The specific duties and responsibilities of a holder
of a license and the relationship between the violation and a holder's
fitness or ability to perform such duties or responsibilities.
C. The time which has elapsed since the violation and
the age of the person at the time of the violation.
D. The public safety interest in protecting property
and the health, safety and welfare of specific individuals or the
general public.
E. Any mitigating circumstances or information concerning
the rehabilitation or good conduct of a person.
F. Such other factors as the Sheriff may deem relevant
or as may be mandated in the Correction Law or other law.
Unless otherwise provided, the Sheriff shall
administer the provisions of this Article and may promulgate rules
and regulations relating to its administration or regulating the fitness,
ability or conduct of an applicant or holder of a license or establishing
standards for vehicles, equipment and buildings used by the holder
of a license.