1. (1) As used in this section, "ownership" means any percentage of ownership of a tow truck motor carrier by a person.
2. (2) Each towing entity or state agency that establishes a towing rotation to facilitate tows initiated by the political subdivision or state agency shall establish a policy for an appeals process to hear and decide appeals from a decision to suspend or remove a tow truck motor carrier or tow truck operator from a towing rotation.

3. (3) In conducting an appeal as described in Subsection (2):

   1. (a) the appeal process may be conducted by a single appeal officer or a panel; and
   2. (b) an individual hearing an appeal, whether as a single appeal officer or as part of a panel, may not be the same individual who made the decision to suspend or remove the tow truck motor carrier or tow truck operator from the towing rotation.
4. (4) A person with ownership in a tow truck motor carrier that is removed from a towing rotation in a first or second class county may not be added to a towing rotation in a first or second class county for three years after the day on which the tow truck motor carrier is removed from a towing rotation.
5. (5) Before a towing entity may add a tow truck motor carrier to a towing rotation in a first or second class county, the tow truck motor carrier shall be certified by the department as described in Section 72-9-602 for a minimum of three consecutive years.

Amended by Chapter 272, 2026 General Session