<?xml version='1.0' encoding='utf-8'?>
<unit kind="division" number="2" name="Authority" slug="division-2" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_20TA_DIV2AU">
  <section number="20-103" name="Administration of Subtitle" law="code" slug="sec-20-103" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_20TA_DIV2AU_S20-103ADSU">
    <level label="a">
      <text>The Director is hereby designated as the official of the County empowered and authorized to carry out the provisions of this Subtitle. Where necessary to ensure the full force and effect of the provisions of this Subtitle, law enforcement shall have the authority to enforce this Subtitle.</text>
    </level>
    <level label="b">
      <text>The Director is hereby empowered to make administrative interpretations of the meaning of this Subtitle provided that such interpretations are consistent with the standards and purposes of this Subtitle and provided further that such interpretations are not in conflict with the laws of the State of Maryland and regulations adopted by the Motor Vehicle Administrator of the State of Maryland. All such administrative interpretations shall be promulgated, in writing, by the Director and shall be distributed by the Director to all drivers and certificate holders prior to the effective date of the administrative interpretation.</text>
    </level>
    <level label="c">
      <text>The Director shall recommend to the Taxicab Board for review safety standards that are consistent with the national standards for passenger and driver safety.</text>
    </level>
    <level label="d">
      <text>In conjunction with the Health Officer, the Director shall establish a procedure for the resolution of complaints concerning poor quality service or lack of service received by persons receiving no charge or reduced charge tax service under County contract.</text>
    </level>
    <level label="e">
      <text>The Director shall establish a procedure for recording and resolving complaints received. Records of all complaints so filed shall be made available to the public pursuant to the Maryland Public Information Act.</text>
    </level>
  </section>
  <section number="20-104" name="Inspection of vehicle; right of entry; display of credentials" law="code" slug="sec-20-104" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_20TA_DIV2AU_S20-104INVERIENDICR">
    <level label="a">
      <text>Representatives of the Chief of Police and the Director are hereby authorized to make inspections under the provisions of this Subtitle. They shall have the right at any time, after identifying themselves to the driver or owner, to enter into, or upon any taxicab for the purpose of ascertaining whether or not any provision of this Subtitle has been violated. Refusal of the driver or owner of any such vehicle to stop the vehicle when ordered to do so by such representative, or to permit any such representative to enter into the vehicle for such purposes, or refusal to display the certificate, license, or any other document required under this Subtitle to be carried in the vehicle, upon his demand, shall constitute a violation of this Subtitle and shall be sufficient grounds for revocation, or suspension of the license or certificate.</text>
    </level>
    <level label="b">
      <text>If, upon inspection, it is determined that the copy of the duly authorized certificate carried in the vehicle does not correspond to the vehicle, the certificate holder may be deemed to have violated Section 20-148(a) of this Subtitle and shall have his/her certificate revoked by the Director.</text>
    </level>
    <level label="c">
      <text>Where a company fails to maintain the appropriate certificate in a vehicle operating as a taxicab and a driver is issued a citation by law enforcement officials as a result of such failure, the driver shall provide a copy of the citation to the Director within fifteen (15) business days of receiving the violation. The Director shall keep a permanent record of all such citations received pursuant to this subsection.</text>
    </level>
  </section>
  <section number="20-105" name="Revocation or suspension of license or certificate" law="code" slug="sec-20-105" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_20TA_DIV2AU_S20-105RESULICE">
    <level label="a">
      <text>The Director may revoke a certificate or suspend a license in case of any:</text>
      <level label="1">
        <text>Failure to operate the taxicabs in such a manner as to serve the public adequately;</text>
      </level>
      <level label="2">
        <text>Failure to maintain the taxicabs in good order and repair;</text>
      </level>
      <level label="3">
        <text>Failure to maintain insurance as required by this Subtitle;</text>
      </level>
      <level label="4">
        <text>Failure to report any accident as required by this Subtitle;</text>
      </level>
      <level label="5">
        <text>Failure to pay any fees or fines lawfully assessed under this Subtitle;</text>
      </level>
      <level label="6">
        <text>Repeated and persistent violations by the licensee or certificate holder of the Prince George's County Code, including failure to maintain a copy of a duly authorized certificate in the vehicle to which it has been assigned, repeated and persistent violations of the motor vehicle laws of Maryland or surrounding jurisdictions, or a traffic record which indicates an unsafe driving pattern;</text>
      </level>
      <level label="7">
        <text>Suspension or revocation of a licensee's driver's license issued by a State, the District of Columbia, or a United States territory;</text>
      </level>
      <level label="8">
        <text>Failure of the licensee to maintain the trip manifest in good order as required by Section 20-119;</text>
      </level>
      <level label="9">
        <text>Conviction of the licensee or certificate holder of any criminal offense or a conviction or a plea of nolo contendere for any traffic offense involving the use of alcohol or a controlled dangerous substance;</text>
      </level>
      <level label="10">
        <text>Procuring or attempting to procure a license or certificate by fraud, misrepresentation, false or misleading statements, or omission of material facts on an application for a license or certificate;</text>
      </level>
      <level label="11">
        <text>Repeated, persistent, and/or unresolved customer complaints of poor quality service:</text>
        <level label="A">
          <text>Complaints will be investigated by the Director;</text>
        </level>
        <level label="B">
          <text>The Director shall require a corrective action plan be developed within thirty (30) days of investigation;</text>
        </level>
        <level label="C">
          <text>The Director shall suspend the license or certificate if not resolved within sixty (60) days; and</text>
        </level>
        <level label="D">
          <text>The Director shall revoke the license or certificate for continued noncompliance;</text>
        </level>
      </level>
      <level label="12">
        <text>If the applicant has repeated complaints for late response and failure to report to the consumer a reasonable excuse for the lateness;</text>
      </level>
      <level label="13">
        <text>Failure to provide proof of good standing with the State during the annual renewal process; or</text>
      </level>
      <level label="14">
        <text>Any other violation of this Subtitle by the licensee or certificate holder.</text>
      </level>
    </level>
    <level label="b">
      <text>Where the holder of a certificate is a corporation, the certificate may be suspended or revoked by the Director if the person convicted of any criminal offense remains for more than a period of one (1) month from the time of such conviction as an officer in the corporation or is a stockholder with more than twenty-five percent (25%) of the stock in the corporation.</text>
    </level>
    <level label="c">
      <text>The decision of the Director on a denial, suspension, or revocation is final if it is not appealed pursuant to Section 20-106 of this Code.</text>
    </level>
    <level label="d">
      <text>The violation notice or the denial, suspension or revocation of a license or certificate under this subsection shall be served on the party by personal delivery or by registered or certified mail to the last known address.</text>
    </level>
  </section>
  <section number="20-106" name="Appeals" law="code" slug="sec-20-106" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_20TA_DIV2AU_S20-106AP">
    <level label="a">
      <text>Any party aggrieved by a decision or action of the Director with respect to the issuance of a violation notice or the denial, suspension or revocation of a license or certificate pursuant to this Subtitle or a dispute, shall have the right to appeal any such decision or action to the Board within ten (10) calendar days after the date of the issuance of the violation notice or such other decision or action by the Director or the company or association.</text>
    </level>
    <level label="b">
      <text>Notice of an appeal shall be filed in writing with the Director or his designee, who shall promptly forward it to the Board. Upon filing of an appeal, the provisions of subsections (f) shall be in effect.</text>
    </level>
    <level label="c">
      <text>The Board shall hear all appeals within sixty (60) days of the filing of the appeal. At least fifteen (15) calendar days prior to the date set for the hearing, the Board shall notify all parties to the proceeding in writing of the date, time, and place set for the hearing, the subject of the appeal, and the right to present testimony and to be represented by counsel. The notice shall be served on the parties by personal delivery or by registered or certified mail.</text>
    </level>
    <level label="d">
      <text>Hearings shall be public. The Board may hear any evidence which is relevant and probative; strict rules of evidence shall not apply. All witnesses shall give testimony under oath or affirmation.</text>
    </level>
    <level label="e">
      <text>The Board shall issue written findings of fact and conclusions and an order affirming, modifying, or setting aside the notice or licensing action within thirty (30) days after the hearing.</text>
    </level>
    <level label="f">
      <text>Except in an emergency, as certified by the Director in writing, an appeal will stay any further action, but only for a period of ninety (90) days or until the Board issues its written decision, whichever is less. In the case of an emergency, the Board shall make every effort to provide an expedited hearing and decision if so requested by either party.</text>
    </level>
    <level label="g">
      <text>Any party aggrieved by a decision of the Board may file an appeal in the Circuit Court for Prince George's County. All appeals shall be on the record and shall be governed by the Maryland Rules governing appeals from administrative agencies.</text>
    </level>
  </section>
</unit>
