A. When reasonable grounds exist to believe that an authorized provider or a driver has by act or omission violated a provision of this article, or any rules and regulations promulgated in connection therewith, the Aviation Director may issue a notice of violation, which may include suspension or revocation of a permit, and suspension or revocation of identification media.

B. An authorized provider may request a review of a notice of violation by an airport representative as prescribed by the rules and regulations promulgated by the Aviation Director. The request for review shall be filed with the Aviation Director within five calendar days after date of service of the notice of violation if personally served or served to the last email address the authorized provider submitted to the Aviation Department, or within seven calendar days from the date of mailing by certified mail at the last address submitted to the Aviation Department. As part of the request, if the authorized provider submits evidence to demonstrate that the authorized provider has promptly remedied the violation and that remedy is deemed sufficient by the airport representative, then a suspension or revocation of the permit, or the suspension or revocation of identification media, will be voided.

C. If a review by an airport representative is not requested or the suspension or revocation is not voided by the reviewing airport representative, the suspension or revocation will take effect immediately. Suspensions in excess of five days will automatically be stayed upon the filing of an appeal.

D. An authorized provider that has completed a review of a notice of violation by an airport representative, and is aggrieved by the airport representative’s determination, may file a notice of appeal with the hearing officer so designated by the Aviation Director within:

E. The notice of appeal shall set forth the specific objections to the notice of violation. The objections form the basis of the appeal.

F. The hearing officer shall set a time and place for the hearing as soon as practicable, but no later than 15 business days after receipt of the notice of appeal.

G. The hearing shall be conducted in an informal manner to determine whether there is a sufficient factual and legal basis to support the notice of violation. The hearing officer shall not be bound by the technical rules of evidence in the conduct of the hearing; provided, that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties to the hearing shall have the right to present evidence. The burden of proof shall be at all times upon the party or parties appealing the notice of violation.

H. The decision of the hearing officer shall be rendered within 15 business days after close of the record and shall be based upon the evidence presented. The hearing officer’s decision may include one of the following:

I. The decision of the hearing officer is final.

J. The Aviation Director may serve a notice of violation on an authorized provider through its authorized signer or designated local point of contact.

K. A person whose conduct by act or omission was responsible for the revocation of a permit or driver identification media may not apply for a commercial ground transportation permit or driver identification media.

L. A person whose conduct was responsible for the suspension or revocation of a permit or driver identification media may not operate under any authorized provider’s permit or contract on an airport during the term of the suspension or revocation.

M. It is unlawful to continue to operate on an airport during the period of time a suspension or revocation of a permit or driver identification media is in place. (Ord. No. G-4116, § 2, 1998; Ord. No. G-4360, § 4, 2001; Ord. No. G-4735, § 7, 2005; Ord. No. G-6164, 2016; Ord. No. G-6650, § 4, 2019)