5218229 Taxicab Commission, DC - Notice of Proposed Rulemaking- Amending Chapters 4, 5, 7, 10, 12, 13, and 15 - License Denials and Enforcement
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DISTRICT OF COLUMBIA TAXICAB COMMISSION
NOTICE OF PROPOSED RULEMAKING
The District of Columbia Taxicab Commission (“Commission”), pursuant to the authority set forth in Section 8(c) (2), (3), (7), (12), (16), 14, 20, and 20f 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) (2), (3), (7), (12), (16), (19), 50-313, 50-319, and 50-325 (2012 Repl. & 2014 Supp.)), hereby gives notice of its intent to adopt amendments to Chapters 4 (Taxicab Payment Service Providers), 5 (Taxicab Companies, Associations and Fleets), 7 (Enforcement), 8 (Operation of Taxicabs), 10 (Public Vehicles for Hire), 12 (Luxury Services – Owners, Operators, and Vehicles), 13 (Licensing and Operations of Taxi Meter Companies), and 15 (Licensing and Operations of Dome Light Installation Companies) of Title 31 (Taxicabs and Public Vehicles for Hire) of the District of Columbia Municipal Regulations (“DCMR”).
The proposed rules would establish procedures for appealing a denial of an application for a new or renewal license issued under this title. The proposed rules would clarify the implementation of statutory requirements for minimum percentages of wheelchair accessible vehicles in the taxicab fleets of taxicab companies and in the sedan (black car) fleets of luxury class vehicle organizations. The proposed rules would provide for the suspension or revocation of the privilege to operate in the District under the reciprocity rules where a non-District operator has engaged in violations of this title and other applicable laws which would justify suspension or revocation of a license issued by the Office. The proposed rules also eliminate redundant enforcement provisions throughout the title to clarify that the procedures for all enforcement actions are governed by Chapter 7.
Directions for submitting comments may be found at the end of this notice. The Commission also hereby gives notice of the intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days after the publication of this notice of proposed rulemaking in the D.C. Register.
CHAPTER 4, TAXICAB PAYMENT SERVICE PROVIDERS, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 405, DECISION TO GRANT OR DENY, is amended as follows:
Subsections 405.2 and 405.3 are repealed.
Section 406, RENEWAL APPLICATIONS, is amended as follows:
Subsection 406.2 is repealed.
Section 407, SUSPENSION OR REVOCATION OF APPROVAL, is repealed and reserved.
CHAPTER 5, TAXICAB COMPANIES, ASSOCIATIONS AND FLEETS, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 501, RENEWAL CERTIFICATES AND LICENSES; FILING REQUIREMENTS, is amended as follows:
Subsections 501.10 through 501.15 are added as follows:
501.10 Each taxicab company shall dedicate a portion of each taxi fleet with which it is associated or affiliated as follows:
(a) At least six (6 %) percent of each taxicab fleet shall be wheelchair-accessible by December 31, 2014.
(b) At least twelve (12 %) percent of each taxicab fleet shall be wheelchair-accessible by December 31, 2016.
(c) At least twenty (20 %) percent of each taxicab fleet shall be wheelchair-accessible by December 31, 2018.
501.11 Beginning in 2015, a vehicle shall not be counted for purposes of compliance with § 501.10 where for fifty (50 %) percent or more of the vehicle’s aggregated operating time in any three (3) months during the calendar year it is:
(a) Under contract(s) to provide transportation for a service that is not a public vehicle-for-hire service; or
(b) Used to provide transportation for a service that is not a public vehicle-for-hire service.
501.12 The Office shall deny an initial or renewal certificate of operating authority to a taxicab company which is not in compliance with § 501.10.
501.13 If the Office denies a renewal certificate of operating authority pursuant to § 501.11, it shall at such time grant a temporary certificate of operating authority to the taxicab company, which shall expire one hundred eighty (180) days from the date of issuance, provided that:
(a) The taxicab company files by the renewal date a compliance plan with the Office; and
(b) The compliance plan demonstrates that the taxicab company shall achieve full compliance with the requirements of § 501.10 within 180 days of the renewal date, and is supported by such information and documentation as the Office may require.
501.14 A taxicab company granted a temporary certificate of operating authority pursuant to § 501.12 shall submit evidence that it has complied with the compliance plan filed with the Office pursuant to § 501.12 prior to the expiration date of the temporary certificate of operating authority. The Office shall review the taxicab company’s evidence of compliance, during which time the temporary certificate of operating authority shall continue in force and effect.
501.15 If the evidence of compliance is satisfactory to the Office, the Office shall renew the company’s certificate of operating authority. If the evidence of compliance is not satisfactory to the Office, the Office shall provide notice of its decision to the company, and the company’s operating authority shall not be renewed, provided however, that the temporary operating authority shall continue in force and effect during the period for any appeal.
Section 510, COMPLIANCE WITH LICENSING REQUIREMENTS; SUSPENSIONS AND REVOCATIONS, is repealed and reserved.
CHAPTER 7, ENFORCEMENT, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Current Section 709, LICENSING DOCUMENTS, is renumbered as Section 711.
Current Section 710, PUBLIC COMPLAINTS, is renumbered as Section 712.
Current Section 711, MEDIATION, is renumbered as Section 713.
Current Section 712, SERVICE AND FILING, is renumbered as Section 714.
Current Section 713, REPRESENTATION, is designated as Section 715.
A new Section 709 is added to read as follows:
709 DENIAL OF APPLICATION FOR A LICENSE
709.1 Unless a different time for appeal is provided by an applicable provision of this title, where the Office denies an application for a new or renewed license (including for purposes of this section, any certificate, approval, registration, or other legal permission of the Office required in order for a person regulated by this title to engage in conduct otherwise prohibited) under this title, the applicant for such license may appeal the decision within fourteen (14) days of notice of the decision.
709.2 A decision by the Office to deny an application for a license, shall be issued in writing and shall state:
(a) The basis for the decision;
(b) That the applicant has the right to appeal the decision within fourteen (14) days of notice of the decision, unless a different time for appeal is provided by an applicable provision of this title;
(c) That the appeal, if filed, will be referred to the Commission, a hearing examiner within the Office, or OAH;
(d) In the case of a decision to deny a renewal license, whether the existing license shall remain in effect beyond its expiration date pending the outcome of a timely appeal filed pursuant to § 709.1, pursuant to an applicable provision of this title; and
(e) That if the applicant does not appeal the decision within the time provided for appeal, the decision shall become final.
709.3 An appeal of a decision to deny a license shall be filed by the applicant, or applicant’s representative, with the Office within fourteen (14) days of notice of the decision, or within such other period as provided by an applicable provision of this title, and otherwise the decision shall constitute a final decision of the Commission. The Office shall, in its sole discretion, refer a timely appeal to any of the following for review on the merits: the full Commission, a hearing examiner employed by the Commission, or OAH.
709.4 If an appeal is referred to the full Commission, the Commission shall hear the appeal at its next regularly scheduled meeting.
709.5 If an appeal has been referred to a hearing examiner employed by the Commission, the hearing examiner shall hear the appeal within thirty (30) days from the date the appeal is received by hearing examiner. Either party may appeal the decision of the hearing officer to the full Commission. An appeal, if filed, shall be filed within thirty (30) days of the issuance of the hearing examiner’s decision, and, if not appealed within such time, shall constitute a final agency decision of the Commission.
709.6 An appeal to the full Commission shall be heard at the next Commission meeting, not sooner than fourteen (14) from the date of the appeal.
709.7 If the appeal has been referred to OAH, the appeal shall be heard in accordance with OAH rules and regulations.
709.8 A timely appeal of a denial of a renewal of license shall extend an existing license pending a decision on the appeal except that a license shall not be extended pending an appeal if one of the bases for denial would constitute grounds for immediate suspension under § 706 or § 707.
709.9 A decision on appeal to remand to the Office for further review shall extend or re-instate an existing license pending the final decision, unless otherwise ordered.
709.10 A decision by the Commission, either on direct appeal or an appeal from a hearing examiner, shall be considered a final agency decision.
A new Section 710 is added to read as follows:
710 SUSPENSION OR REVOCATION OF RECIPROCITY PRIVILEGES
710.1 The intent of the Commission is to hold each individual who has been issued a public vehicle-for-hire license by a jurisdiction within the Washington Metropolitan Area other than the District (“non-District operator”) to the same standards of conduct imposed by this title on operators licensed by the Office.
710.2 Each non-District operator who operates a public vehicle-for-hire in the District within the limited authority provided by the reciprocity rules of §§ 828 and 1219 (“reciprocity privilege”) shall be subject to the suspension or revocation of such reciprocity privilege as provided in this section.
710.3 Each provision of this title, other than the provisions of this section, shall be read, interpreted, and applied to each non-District operator as if the non-District operator were licensed by the Office, substituting as necessary to give a provision its fullest meaning the term “reciprocity privilege” wherever the word “license” appears in an applicable provision.
710.4 The Office may issue an order of immediate suspension of a non-District operator’s reciprocity privilege based on conduct which would constitute grounds for immediate suspension of an operator’s license issued by the Office pursuant to § 706.
710.5 The Office may issue a notice of proposed suspension or proposed revocation of a non-District operator’s reciprocity privilege based on conduct which would constitute grounds for proposed suspension or revocation of an operator’s license issued by the Office pursuant to § 708.
710.6 In addition to the methods of service authorized by § 712.1, each order of immediate suspension, each notice of proposed suspension, and each notice of proposed revocation of a non-District operator’s reciprocity privilege pursuant to this section may be served by one of the following methods:
(a) By personal service upon the respondent or the respondent’s agent at any time and place where the respondent or the respondent’s agent may be found within the District, including without limitation at the time and place of any violation of this title by the respondent, and at the time and place of any hearing pursuant to this chapter; and
(b) By depositing the document into first-class U.S. Mail, addressed to the address of the respondent or respondent’s agent on file with OAH in any pending contested case.
CHAPTER 8, OPERATION OF TAXICABS, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 828, RECIPROCITY WITH SURROUNDING JURISDICTIONS, is amended as follows:
828.8 An individual who has been issued a public vehicle-for-hire license by a jurisdiction within the Washington Metropolitan Area other than the District (“non-District operator”), or any unlicensed individual, who violates a provision of this section is subject to fine and penalty for unlicensed operator (non-resident) and unlicensed vehicle (non-resident) and is subject to the fine and penalty set forth in § 825, impoundment of the vehicle or, upon conviction, imprisonment for not more than ninety (90) days pursuant to D.C. Official Code § 47-2846. A non-District operator whose privilege to operate in the District within the limited authority provided by this section has been suspended or revoked under § 710 shall be considered an unlicensed operator who is operating an unlicensed vehicle.
CHAPTER 10, PUBLIC VEHICLES FOR HIRE, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1002, APPLICATION FOR A HACKER’S LICENSE; FEES, is amended as follows:
Subsection 1002.10 is repealed.
Section 1006, DENIAL OF LICENSE AND REAPPLICATION, is amended as follows:
1006.1 An applicant who has been denied a license to operate a public vehicle for hire for reasons other than for failure to successfully complete an examination may file a new application for a license no sooner than six (6) months after the denial, unless the denial is reversed on an appeal filed pursuant to Chapter 7 of the this title.
1006.2 If an applicant files an appeal from a denial as provided by Chapter 7 of this title and the denial is sustained, or if an operator’s license has been suspended or revoked by the Commission and sustained on appeal, no new application may be made until the expiration of any suspension or revocation period imposed.
Subsection 1006.3 is repealed.
Subsection 1006.4 is amended by striking the word “Chairperson” and inserting the word “Office” in place, to read as follows:
1006.4 In determining the fitness of an applicant under § 1009 (Not for Hire), the Office shall not take into account the conduct or record of the applicant upon which the waiting period was based. The determination of fitness shall be based on the conduct or the record of the applicant's conduct during and after the waiting period. If the personal conduct during the waiting period satisfies the personal conduct and other requirements of this chapter, the Office may issue a license to the applicant.
Subsection 1006.5 is amended by striking the word “Chairperson” and inserting the word “Office” in place, to read as follows:
1006.5 If the Office discovers information not previously known to the Office, which relates to the moral character, fitness, or eligibility of the applicant and which was not part of the record in the proceeding on the appeal filed pursuant to Chapter 7 of this title, the Office may find on the basis of that information, that the moral character, fitness, or eligibility of the applicant is such that it does not justify the issuance of the license and may again deny the issuance of a license.
Subsection 1006.6 is amended by striking the word “Chairperson” and inserting the word “Office” in place, to read as follows:
1006.6 The Office shall establish repeat examinations for applicants who are denied licenses because of failing the qualifying examination under the provisions of § 1004. Repeat examinations shall be scheduled to permit a fair opportunity for applicants to successfully complete the examination. If an applicant fails to pass the examination after three (3) attempts, the applicant shall re-take the operator’s training course before being allowed to take the examination again.
CHAPTER 12, LUXURY SERVICES - OWNERS, OPERATORS, AND VEHICLES, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1214, RENEWAL OF OPERATOR LICENSE, is amended as follows:
New Subsections 1214.4 through 1214.8 are added to read as follows:
1214.4 Beginning in 2015, a sedan shall not be counted for purposes of compliance with § 1213.2 where for fifty (50 %) percent or more of the vehicle’s aggregated operating time in any three (3) months during the calendar year it is:
(a) Under contract(s) to provide transportation for a service that is not a public vehicle-for-hire service; or
(b) Used to provide transportation for a service that is not a public vehicle-for-hire service.
1214.5 The Office shall deny an initial or renewal certificate of operating authority to an LCS organization which is not in compliance with § 1213.2.
1214.6 If the Office denies a renewal certificate of operating authority to an LCS organization pursuant to § 1213.2, it shall at such time grant a temporary certificate of operating authority to the LCS organization, which shall expire one hundred eighty (180) days from the date of issuance provided that:
(a) The LCS organization files by the renewal date a compliance plan with the Office; and
(b) The compliance plan demonstrates that the LCS organization shall achieve full compliance with the requirements of § 1213.2 within 180 days of the renewal date, and is supported by such information and documentation as the Office may require.
1214.7 An LCS organization granted a temporary certificate of operating authority pursuant to § 1214.4 shall submit evidence that it has complied with the compliance plan filed with the Office pursuant to § 1214.5 prior to the expiration date of the temporary certificate of operating authority. The Office shall review the LCS organization’s evidence of compliance, during which time the temporary certificate of operating authority shall continue in force and effect.
1214.8 If the evidence of compliance is satisfactory to the Office, the Office shall renew the organization’s certificate of operating authority. If the evidence of compliance is not satisfactory to the Office, the Office shall provide notice of its decision to the organization, and the organization’s operating authority shall not be renewed, provided however, that the temporary operating authority shall continue in force and effect during the period for any appeal.
CHAPTER 13, LICENSING AND OPERATIONS OF TAXI METER COMPANIES, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE, is amended as follows:
Section 1306, TAXIMETER BUSINESS - COMPLIANCE WITH LICENSING REQUIREMENTS, is repealed and reserved.
Section 1331, TAXIMETER BUSINESS – PENALTIES FOR VIOLATIONS, is amended as follows:
1331 TAXIMETER BUSINESS - FINES FOR VIOLATIONS
1331.1 The schedule below lists civil fines for violations of requirements of specified sections of this chapter.
Section
Fine
1301
Unlicensed business activity
$250
1305
Failure to pay bi-annual license fee
$500
1307.1
Failure to notify Commission
$5,000
1309
Change in fee schedule without notification
$500
1310.3
Installation, adjustment, correction, calibration or repair of taximeter outside of premises of licensed taximeter business
$500
1312
Failure to comply with signage requirements
$250
1313
Fraud
$25,000
1314
Unlawful Activities
$25,000
1315
Failure to notify
$1,000
1316
Failure to notify
$1,000
1317.1
Bribery of Commission
$25,000
1317.2
Failure to report
$10,000
1317.3
Acceptance of bribe
$25,000
1317.4
Failure to notify Commission
$10,000
1318
Threats, harassment, or abuse
$10,000
1319
Failure to cooperate with Commission
$500
1320
Work by Non-Certified Technician
$500
1322
Failure to notify Commission
$1,000
1324
Installation without inspection
$1,000
1325
Unauthorized work
$5,000
1326
Defective certification/inspection
$1,000
1327
Requiring repair work
$1,000
1328
Overcharge
$250
1329
Sale of unapproved meter for installation on a taxicab licensed by the DCTC
$500
1330
Failure to keep appropriate records
$100 per record
1331.2 The civil fines set forth in this section shall be doubled for the second violation of the same infraction, and shall be doubled once more for any subsequent violation or violations of the same infraction
1331.3 [REPEALED].
1331.3.1 [REPEALED].
CHAPTER 15, LICENSING AND OPERATIONS OF DOME LIGHT INSTALLATION COMPANIES, of Title 31, TAXICABS AND PUBLIC VEHICLES FOR HIRE is amended as follows:
Section 1506, DOME LIGHT INSTALLATION BUSINESS – COMPLIANCE WITH LICENSING REQUIREMENTS, is repealed and reserved.
Copies of this proposed rulemaking can be obtained at www.dcregs.dc.gov or by contacting Juanda Mixon, Secretary to the Commission, District of Columbia Taxicab Commission, 2041 Martin Luther King, Jr., Avenue, S.E., Suite 204, Washington, D.C. 20020. All persons desiring to file comments on the proposed rulemaking action should submit written comments via e-mail to dctc@dc.gov or by mail to the DC Taxicab Commission, 2041 Martin Luther King, Jr., Ave., S.E., Suite 204, Washington, DC 20020, Attn: Juanda Mixon, Secretary to the Commission, no later than thirty (30) days after the publication of this notice in the D.C. Register.
