1604 REGISTRATION

1604.1 No dispatch service shall participate in providing a public vehicle-for-hire service in the District unless it is registered with the Office pursuant to this section, except for a taxicab company with existing operating authority under Chapter 5 of this title, which, as of the effective date of this rulemaking, is operating a telephone dispatch service.

1604.2 An applicant seeking to register with the Office shall provide the following information:

1. (a) Its name and contact information;
2. (b) The name of and contact information for each public vehicle-for-hire business or service associated with, or operated by an owner of, the dispatch service, including any payment service provider (PSP), and any business or service operated or offered outside the District,
3. (c) A technical description of the dispatch or payment solution, digital payment system, or both, offered by the DDS, including the trade names and software applications, platforms, and operating systems used;
4. (d) A blank sample of each agreement or policy, including any user agreement or privacy policy, applicable to the DDS's association with vehicle owners and operators, and with passengers, or a URL web address where such information may be found;
5. (e) An indication by the applicant of whether the dispatch service intends to offer dispatch of sedans, and whether it intends to offer dispatch services or digital payments for taxicabs, or both;
6. (f) If it will be dispatching sedans, its initial operator and vehicle inventory pursuant to § 1403;
7. (g) A certification by the applicant that the DDS owns the right to, or holds licenses to, all the intellectual property used by the dispatch service for all technology used for the dispatch or payment solution or the digital payment system it provides;
8. (h) Proof that it is licensed to do business in the District of Columbia; and
9. (i) Such other information and documentation as the Office may determine is reasonably necessary in order to verify that the DDS will comply with all applicable provisions of this title and other applicable laws.

1604.3 Each application under § 1604.2 shall be:

(a) Provided under penalty of perjury;

(b) Accompanied by the surcharge bond required by § 403.3 (if the dispatch service is a DDS is required to collect a passenger surcharge for taxicab service), or by § 1403, if the dispatch service is a DDS that will be dispatching sedans, provided, however, that a DDS shall not be required to deposit a more than one (1) surcharge bond if the DDS collects and pays passenger surcharges for both taxicabs and for sedans; and

(c) Accompanied by a fee of five hundred dollars ($500), except that the fee for an application to amend an existing registration under § 1604.5, regardless of the number of services proposed to be added to the existing registration, shall be three hundred dollars ($300).

1604.4 Each registration shall continue in force and effect for twenty four (24) months, during which time no substantial change may be made to a DDS's dispatch or payment solution for taxicabs, or to a DDS's digital payment system for sedans, unless the DDS informs the Office of the proposed substantial change at least fifteen (15) days prior to its implementation, during which time the DDS shall cooperate with the Office as necessary so the Office is fully informed of the nature of the proposed change and is able to verify whether the proposed change is in compliance with relevant laws and regulations. In addition, each registered DDS shall notify the Office of any other change in the information contained in its registration or its supporting documentation, such as contact information, within seven (7) days after the change.

1604.5 Each DDS registered under this section may at any time file an application to amend its registration to include additional services it wishes to market to public vehicle-for-hire owners and operators for which registration is required under this chapter.

1604.6 Each DDS registered under this section shall file to renew its registration at least sixty (60) days prior to the expiration thereof, by providing such information for renewal as determined by the Office. Registration shall continue in force and effect beyond its expiration period during such time as an application to renew is pending acceptance in proper form.

1604.7 A DDS registered under this section shall annually provide to the Office, beginning on the first (1st) day of the thirteenth (13th) month after its certificate of registration was issued:

(a) Proof that it is licensed to do business in the District;

(b) Proof that it maintains a bona fide administrative office or registered agent authorized to accept service of process, as required by § 1603.1;

(c) Proof that it maintains a website, as required by § 1603.10;

(d) A report on the wait times and fares charged to passengers seeking wheelchair-accessible service in the prior twelve (12) months; and

(e) A list of incidents in the prior twelve (12) months that involved an allegation or dispute concerning the following matters, which shall include an indication of whether the allegation or dispute has been resolved:

(1) A payment, where the dispute involved fifty dollars ($50) or more;

(2) Fraud or criminal activity; or

(3) Violations of the anti-discrimination rules of Chapter 5 of this title.

1604.8 The Office may arrange one (1) demonstration for each of the DDS's dispatch or payment solutions for taxicabs, or its digital payment system for sedans, where the Office's technical staff may examine and test the equipment to ensure compliance with all applicable provisions of this title and other applicable laws. The Office's staff may ask questions of the DDS's technical staff, who shall attend the demonstration.

1604.9 The Office shall determine whether to grant or deny registration within ten (10) days after an application is filed, provided however, that such period may be extended by the Office for no more than seven (7) days with notice to the DDS. The Office shall deny registration only if it determines that the DDS is not or will not be in compliance with the provisions of this title or other applicable laws.

1604.10 If the Office grants an application, it shall provide notice to the DDS in writing.

1604.11 If the Office denies an application, it shall state the reasons for its decision in writing, including the specific facts upon which the Office has determined that the DDS is not or will not be in compliance with the provisions of this title or other applicable laws. A decision to deny may be appealed to the Chief of the Office within fifteen (15) business days. If the decision to deny is not appealed within the fifteen (15) business day period, it shall constitute a final decision of the Office. If the decision to deny is appealed within the fifteen (15) business day period, the Chief shall issue a decision within thirty (30) days. A timely appeal of a denial shall extend an existing certificate or registration pending the Chief's

decision. A decision of the Chief to affirm or reverse a denial shall constitute a final decision of the Office. A decision of the Chief to remand to the Office for further review of the filing shall extend an existing certificate pending the final decision of the Office.

1604.12 The name of each registered DDS, and the name of its dispatch or payment solution for taxicabs, and/or digital payment system for sedans, shall be listed on the Commission's website.

1604.13 A DDS's registration may be suspended or revoked, or not renewed, by the Office with reasonable notice and an opportunity to be heard if the Office learns that the DDS is not in substantial compliance with this title, or other applicable law, or that a DDS's digital payment system, or dispatch or payment solution, is being used in a manner that poses a significant threat to passenger or operator safety, or to consumer protection, or is failing to collect the passenger surcharge.

SOURCE: Final Rulemaking published at 61 DCR 4430 (May 2, 2014).