1013

COMPLAINTS AGAINST OPERATORS OF PUBLIC VEHICLES FOR HIRE

1013.1 A complaint against an operator of a public vehicle for hire shall be filed within thirty (30) days after the event giving rise to the complaint.

1013.2 A complaint shall be in writing, shall be signed by the person making the complaint, and shall state the address and telephone number of the complainant. The complaint shall be mailed or hand delivered to the Office of Taxicabs or sent by e-mail or facsimile to the Office of Taxicabs.

1013.3 The Chairperson shall, upon receiving a complaint, notify the operator against whom the complaint was made, by first class mail, postage prepaid, or certified mail, return receipt requested, of the nature of the complaint and direct that the operator shall file an answer to the complaint with the Chairperson within ten (10) days after receipt.

1013.4 Upon receiving an answer, the Chairperson shall notify the complainant of the contents of the answer. The Chairperson shall review the answer to determine whether the complaint and the answer establish a violation of the Commission's laws, rules, and regulations.

1013.5 If the answer is not satisfactory to the complainant, the complainant may request that additional information be requested by the Commission. The Chairperson shall review the request and may, in his or her discretion, request additional information.

1013.6 If, after reviewing the complaint, the response, and any other relevant information, the Commission determines that the facts alleged in a complaint are accurate and constitute a violation of a law, rule, or regulation administered by the Commission, the Commission may impose the civil fine authorized by the applicable law, rule, or regulation. If the Commission determines that a suspension or revocation of the operator's license is appropriate, the Commission may itself impose a suspension or revocation or may forward the complaint file to the District of Columbia Office of Administrative Hearings for adjudication of the complaint by the Office of Administrative Hearings. The Office shall also inform the complainant and operator of its action.

1013.7 If the Commission determines that the facts alleged in a complaint are not accurate or do not constitute a violation of a law, rule, or regulation administered by the Commission, the complainant and operator shall be notified of the Commission's determination and the reason for the determination.

1013.8 Even if the facts alleged in a complaint do not constitute a violation of the law, rules, or regulations administered by the Commission, the Commission may nonetheless mediate the dispute.

1013.9 An operator may appeal to the Office of Administrative Hearings a fine imposed by the Commission, or a suspension or revocation of an operator's license. The appeal shall be made in accordance with the rules and procedures of the Office of Administrative Hearings.

1013.10 The District of Columbia Office of Administrative Hearings may adjudicate the imposition of a fine, suspension, or revocation for a violation of a law, rule, or regulation relating to any license issued by an agency of the District of Columbia government which permits the operation of a vehicle as a public vehicle for hire, including taxicabs.

1013.11 If a complaint is forwarded by the Commission to the Office of Administrative Hearings, a hearing shall be held by Office of Administrative Hearings in accordance with its rules and procedures.

1013.12 The Chairperson shall establish and maintain records of all complaints.

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR § 10.705, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Notice of Final Rulemaking published at 59 DCR 3158, 3168 (April 20, 2012).