§ 220.306. Suspension and revocation of for-hire driver's permit.

(a)

The Department is given full power to suspend a for-hire driver's permit if he determines, upon sufficient cause, that:

(1)

The requirements of this Part or of the rules implementing this Part are not being complied with.

(2)

A statement contained in the application for the for-hire driver's permit is false.

(3)

Suspension is otherwise authorized by this Chapter.

(b)

If the Department determines that the continued operation of a vehicle for hire by the for-hire driver would cause imminent danger to the public safety, the suspension shall be effective immediately upon notice to the for-hire driver, pending the outcome of a hearing under subsection (c) of this Section. In this case, the Department may require the for-hire driver to surrender his permit immediately and thereupon to cease operating a vehicle for hire.

(c)

Except as provided in subsection (b) of this Section, the Department shall hold a hearing prior to the issuance of an order of suspension. The for-hire driver shall be given a written notice of the hearing, by certified or registered mail or personal service, including specifications of the grounds for the suspension, no less than two weeks prior to the date of the hearing, and he shall be entitled to attend the hearing, be represented by counsel and present evidence in his behalf. The Department shall issue a written decision within ten days after the hearing and, if suspension is ordered, it shall become effective immediately or at a later date stated in the order.

(d)

A suspension may be ordered for a time period not exceeding 30 days and, in order that the suspension be withheld or terminated before the time fixed in the order, it may be made conditional upon the taking of some remedial or preventive action by the for-hire driver. As soon as the suspension becomes effective [including a suspension under subsection (b) of this Section], the for-hire driver shall cease to operate a motor vehicle as a vehicle for hire: if the period of suspension is for longer than ten days, the for-hire driver shall surrender his permit to the Department, which shall return it to him when the suspension ends or is terminated. After the end or termination of a period of suspension longer than 15 days, the for-hire driver may not return to service until he has placed accurate, timely information under Section 220.303 in his record.

(e)

The Department is given full power to revoke a permit if it determines, upon sufficient cause, that:

(1)

The for-hire driver has repeatedly engaged in violations of this Part or the rules implementing this Part, evidencing a flagrant or wilful disregard for the public safety, whether or not the Department imposed a suspension for any of the violations.

(2)

The for-hire driver has been convicted of any of the crimes listed in Section 220.302(b).

(3)

Revocation is otherwise authorized by this Chapter.

(4)

The for-hire driver has failed to renew his permit pursuant to Section 220.302(e).

A revocation proceeding shall be commenced and prosecuted in the same manner and under the same conditions as a suspension proceeding. The Department may withhold the revocation of a for-hire driver's permit or may condition the reinstatement of a revoked for-hire driver's permit upon the taking of some remedial or preventive action by the for-hire driver. If a for-hire driver's permit is revoked, the for-hire driver shall cease to operate a motor vehicle as a vehicle for hire and shall surrender the for-hire driver's permit to the Department. If the Department reinstates the for-hire driver's permit, the for-hire driver may not return to service until he has placed accurate, timely information under Section 220.303 in his record.

(Ord. 82-1121-571, § 2; Ord. 83-591-400, § 1; Ord. 2002-1214-E, § 1)

Note— Former § 426.306.