55C - TAXI REGULATIONS - Laserfiche WebLink

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12.4. Stay, exception. If, in the OCTAP Administrator's opinion, the continued operation of a Taxicab, possession of a Company Permit, or possession of a Driver Permit represents a health or safety hazard for the public, the adverse action shall not be stayed pending the final determination on appeal. 12.5. Initial review of appeal. If an appeal is timely filed, the OCTAP Administrator shall either make the final decision regarding the appeal or shall assign a hearing officer to make the final decision regarding the appeal. The OCTAP Administrator may review the appeal and any additional information provided therein and shall have the discretion to determine the appropriate action in response to the appeal. 12.6. Hearing Officer. In the event the OCTAP Administrator elects to assign a hearing officer to decide the appeal then the following shall apply: 12.6.1. The hearing officer shall not be an OCTA employee; 12.6.2. The hearing officer shall expeditiously schedule the appeal hearing. 12.6.3. The appellant and the OCTAP Administrator or the Administrator's designee shall each have the right to appear in person and be represented by legal counsel or other representative, to present evidence, to call and cross-examine witnesses under oath, and to present argument. 12.6.4. The formal rules of evidence shall not apply, and any relevant evidence that is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs shall be admissible. 12.6.5. Hearsay evidence may be considered by the hearing officer, but no findings may be based solely on hearsay evidence unless supported or corroborated by other relevant and competent evidence. 12.6.6. The OCTAP Administrator may promulgate supplementary rules and procedures for the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. ~szi?;_i Page 34 55C-44