D.C. Mun. Regs. tit. 31, r. 31-507

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 31-507 - TRANSFER OF OWNERSHIP, MANAGEMENT, OR OPERATION
507.1

A taxicab company, association, or fleet shall file an application for transfer approval with the Office before transferring the ownership, operation, or management of the company, association, or fleet. In addition, a company, association, or fleet shall file an application with the Office before an owner or operator either exits or enters the company, association, or fleet.

507.2

An application required by § 507.1 shall be filed on a form provided by the Office accompanied by a non-refundable application fee of five hundred dollars ($500).

507.3

The application shall include the following information as it relates to all parties leaving or entering the ownership of the company, association, or fleet:

(a) The name, address, telephone number, e-mail address, and fax number of the applicant;
(b) Clean Hands Act certification from the Office of Tax and Revenue and certificate of compliance from the Internal Revenue Service or a certified copy of filed federal tax return;
(c) A copy of the certificate of occupancy for the applicant's administrative office, which must meet the requirements of § 502 of this chapter;
(d) A copy of the current by-laws and other rules and regulations relating to the applicant's organization and operations;
(e) Certificate-of-identity information on a form provided by the Office, stating the trade name of the applicant, the persons authorized to sign for the applicant, and other identifying information required by the Office;
(f) The following information, if the applicant is a partnership, shall also be included:
(1) A certified copy of the partnership certificate; and
(2) A list of the partners, including the name, residential address, and telephone number of each partner;
(g) The following information, if the applicant is a corporation, shall also be included:
(1) A certified copy of its certificate of incorporation with a filing receipt issued by the Mayor, or his or her designee, if the applicant has been incorporated for less than one (1) year from the date of the license application, or a certificate of good standing if the applicant has been incorporated more than one (1) year from the date of the license application, or if not a District of Columbia corporation, a copy of the certificate of incorporation from its jurisdiction of incorporation with a certificate of good standing and certificate of authority to do business within the District of Columbia as a foreign corporation;
(2) A copy of its articles of incorporation; and
(3) A list of its officers including the name, residential address, and telephone number of each officer;
(h) The name, address, telephone number, and e-mail address for the applicant's District of Columbia resident agent for service of process;
(i) An identification of the types of taxicab services to be provided, including dispatch service, wheelchair-accessible service, and other specially-equipped taxicab service;
(j) A statement by the applicant that the company, association, or fleet will not discriminate against employees or customers and will provide taxicab services throughout the District of Columbia;
(k) A listing of membership, insurance, dispatch, and rental fees where applicable;
(l) A listing of the drivers, including Face ID numbers and a list of taxicabs owned or in any way affiliated with applicant, including registration tag numbers and vehicle identification numbers; and
(m) A statement indicating that the applicant has complied with the District of Columbia Office of Tax and Revenue registration and filing requirements, including but not limited to filing the FR-500 Combined Business Tax Registration Application Form and the FR-500T, Taxicab and Limousine Supplemental Information Form.
507.4

The application shall include a copy of the Letter of Intent to Sale/Purchase or other evidence of the intent to sale and purchase between the parties.

507.5

The Office may, upon request, transmit a copy of the application to the company, association, or fleet that the owner or operator leaves or enters or share the fact that a request for transfer of ownership has been filed with those drivers affiliated with the company, association, or fleet.

507.6

Notice of any change in the information provided in the application for transfer approval shall be filed with the Office immediately, if the application has not yet been approved, or within five (5) business days of the change, if the application has been approved.

507.7

An application for transfer approval may be denied if:

(a) The Certificate of Operating Authority of the company, association, or fleet is not in good standing with Commission;
(b) Either the transferor or transferee is unable to qualify for a Clean Hands Certificate;
(c) If the documentation presented is incomplete, incorrect, conflicting, misleading, or fraudulent; or
(d) The company, association, or fleet fails to be in compliance with any of the licensing requirements.

D.C. Mun. Regs. tit. 31, r. 31-507

Final Rulemaking published at 37 DCR 3595, 3600 (June 1, 1990); as amended by Final Rulemaking published at 52 DCR 9712 (October 28, 2005); as amended by Final Rulemaking published at 59 DCR 8549, 8555 (July 20, 2012)
Authority: The District of Columbia Taxicab Commission (Commission), pursuant to the authority set forth in section 8(b)(1)(D) and (G) of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §50-307(b)(1)(D) and (G) (2009 Repl.))