[Added 5-6-1980 by L.L. No. 1-1980]
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.
A.
The Sheriff may deny a license to any person who,
in his judgment, is undesirable, unfit or incapable of performing
as a holder of a license, who does not comply with the provisions
of the Article or any rule or regulation promulgated by the Sheriff
pursuant to this article or who makes a material misrepresentation
on an application. The Sheriff may also deny a license to any applicant
for a violation by the applicant of any federal, state or local law
or ordinance.
B.
The Sheriff shall notify an applicant, in writing,
by registered mail, return receipt requested, of the reasons for the
denial of a license and shall give the applicant 10 days in which
to request a hearing, in writing, on the denial.
A.
The Sheriff or any person may bring charges against
the holder of a license granted under this Article alleging a violation
by the holder or any partner, agent, officer or employee of the holder
of any federal, state or local law or ordinance or any rules or regulations
promulgated by the Sheriff pursuant to this Article. The Sheriff shall
investigate such charges, and if he believes the charges are warranted,
he shall notify the holder of the charges, in writing, by registered
mail, return receipt requested, and of the possible penalties if the
holder is found guilty of such charges. The holder shall be given
10 days from date of notice to request a hearing, in writing, on such
charges. A holder's failure to request a hearing shall be deemed an
admission of the charges.
B.
No charges shall be brought more than two years after
the occurrence of the act forming the basis for the charges; provided,
however, that this limitation shall not apply to an act which would,
if proved in a court of competent jurisdiction, constitute a felony.
C.
The Sheriff may temporarily suspend the license of
a holder against whom charges are pending for a period not to exceed
30 days or, if a hearing is delayed or adjourned by the holder, until
a determination is made after such hearing.
D.
If a holder is found guilty of the charges after a
hearing or if the holder fails to request a hearing or to appear at
a scheduled hearing, the Sheriff may suspend the holder's license
for a period not to exceed 90 days, may revoke the holder's license
or may fine the holder a sum not to exceed $250.
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.
