D.C. Mun. Regs. tit. 31, r. 31-706

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 31-706 - IMMEDIATE SUSPENSION OF A VEHICLE OPERATOR'S LICENSE

706.1

The Office may order the immediate suspension of a license allowing an individual to operate a public vehicle-for-hire whenever the Office has reasonable grounds to conclude that the respondent poses an imminent danger to the health, safety, or welfare of an operator, a passenger, or the public.

706.2

A determination of imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, under § 706.1, shall be based on evidence that the respondent:

(a) Has committed murder, manslaughter, mayhem, malicious disfiguring of another, arson, abduction, kidnapping, burglary, theft, breaking and entering, robbery, larceny, assault or battery, or any other felony;

(b) Has committed a sexual offense proscribed by D.C. Official Code § 22-1901 (incest), §§ 22 -3101 to 22-3103 (sexual performance using minors), § 22 -2701 to § 22 -2722 (prostitution and pandering), §§ 22 -3002 to 22-3020 (sexual abuse), or § 22 -1831 et seq. (human trafficking);

(c) Has violated the District of Columbia Uniformed Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code §§ 48-901.01et seq.) or the Drug Paraphernalia Act of 1982, effective September 17, 1982 (D.C. Law 4-149; D.C. Official Code §§ 48-1101et seq.);

(d) Has committed a criminal act outside the District which, if committed in the District, would fall into one of the categories in § 706.2(a) -(c);

(e) Has committed a criminal offense in connection with the operation of a vehicle which is licensed by the Office as a public vehicle-for-hire;

(f) Has violated a traffic regulation in a manner that reflects recklessness, gross negligence, depravity; or wanton disregard for the safety of other persons or property; or

(g) Has acted or failed to act in any manner which otherwise poses an imminent threat to the health or safety of passengers, operators, or the public, or to consumer protection or passenger privacy.

706.3

A determination of imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, under § 706.1, shall not be based on evidence that the respondent:

(a) Has not been arrested, charged, prosecuted, presented, indicted, or convicted of a crime in connection with the facts giving rise to the determination;

(b) Has not been the subject of a civil or administrative proceeding in connection with the facts giving rise to the determination; or

(c) Has not engaged in prior, similar misconduct.

706.4

In determining whether a respondent poses an imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, the Office may consider any and all relevant evidence, including evidence which may not be admissible in a criminal, civil, or administrative proceeding, including without limitation a statement against interest, an admission, an arrest record, or court order.

706.5

Each order of immediate suspension shall be in writing and shall state:

(a) The grounds for the immediate suspension;

(b) The terms and conditions applicable to the suspension (if any), including any deadlines;

(c) That the matter will be scheduled for a hearing at OAH consistent with its rules and procedures; and

(d) Notice that the respondent's request for a hearing before OAH or referral of the matter to OAH shall not stay, suspend, postpone, or delay the effectiveness of the order of immediate suspension.

706.6 Each order of immediate suspension pursuant to this section shall be served and filed in the manner prescribed by § 712.

706.7

A preliminary hearing on an order of immediate suspension shall be held before OAH within three (3) business days of service of the order on the respondent. At the preliminary hearing, either party may request an evidentiary hearing on the order of immediate suspension. If a party requests an evidentiary hearing, OAH shall hold the evidentiary hearing within fifteen (15) calendar days of service of the order on the respondent.

706.8

Any review by OAH of an order of immediate suspension, at a preliminary hearing held pursuant to § 706.7, or at any subsequent hearing, shall be limited to a determination of whether the Office has sufficient evidence to conclude that reasonable grounds exist to believe that the respondent poses an imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, as provided in § 706.2.

706.9

If OAH determines, after a review pursuant to § 706.8, that the Office has sufficient evidence to conclude that reasonable grounds exist to believe that the respondent poses an imminent danger to the health, safety, or welfare of an operator, a passenger, or the public, as provided in § 706.2, the order of immediate suspension shall remain in effect without modification by OAH through the end of the immediate suspension as stated in the order, or until a final ruling on the merits of any related notice of proposed suspension or revocation issued by the Office pursuant to § 708, whichever is later.

706.10

Each order of immediate suspension issued pursuant to this section shall be issued concurrently with a notice of proposed suspension or revocation issued pursuant to § 708.

D.C. Mun. Regs. tit. 31, r. 31-706

Final Rulemaking published at 61 DCR 6408 (June 27, 2014); amended by Final Rulemaking published at 63 DCR 4078 (3/18/2016)

Authority: Sections 8(c)(7) (14), (15), (16), (17), (18), (19) and 20 m of the District of Columbia Taxicab Commission Establishment Act of 1985 ("Establishment" Act), effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50 -307(c)(7) (14), (15), (16), (17), (18), (19) (2012 Repl. & 2013 Supp.), 50-329.03 (2012 Repl. & 2013 Supp.).