§ 50–301.09b. Hearing examiner — appointment, powers, and duties; appeals.

(a) The Director shall appoint at least one attorney to serve as a hearing examiner to adjudicate consumer and industry complaints filed against public and private vehicles-for-hire, including taxicab owners, operators, companies, associations, fleets, and radio dispatch operations. The hearing examiner shall hear and decide appeals taken from license denials and proposed revocations or suspensions issued by the DFHV, appeals from Notices of Infractions issued by vehicle inspection officers, and fines issued as a result of the consumer complaint process.

(b) A hearing examiner may:

(1) Preside over a hearing in a contested matter;

(2) Compel the attendance of a witness by subpoena;

(3) Administer an oath, take testimony of a witness under oath, and dismiss, rehear, or continue a case;

(4) Issue decisions for review and approval by the DFHV, to be issued as the final decision of the DFHV, or refer matters for contested hearing before the Office of Administrative Hearings, pursuant to Chapter 18A of Title 2 [§ 2-1831.01 et seq.]; and

(5) Adjudicate consumer complaints filed pursuant to Chapter 7 of Title 31 of the District of Columbia Municipal Regulations (Taxicab and Public Vehicles for Hire) (31 DCMR chapter 7).

(Mar. 25, 1986, D.C. Law 6-97, § 10b; as added March 24, 1998, D.C. Law 12-75, § 2, 45 DCR 384; Oct. 22, 2012, D.C. Law 19-184, § 2(j), 59 DCR 9431; Mar. 10, 2015, D.C. Law 20-197, § 2(d), 61 DCR 12430; June 22, 2016, D.C. Law 21-124, § 401(j), 63 DCR 7076.)

Prior Codifications

1981 Ed., § 40-1709.2.

2001 Ed., § 50-309.02.

Effect of Amendments

The 2012 amendment by D.C. Law 19-184 added “appeals from Notices of Infractions issued by public vehicle inspection officers, and fines issued as a result of the consumer complaint process” in (a); and rewrote (b)(4).

The 2015 amendment by D.C. Law 20-197, in (a), substituted “against public and private vehicles-for-hire, including” for “against” and substituted “vehicle inspection officers” for “public vehicle inspection officers.”

Emergency Legislation

For temporary addition of section, see § 2 of the District of Columbia Taxicab Commission Establishment Act of 1985 Emergency Amendment Act of 1997 (D.C. Act 12-18, March 3, 1997, 44 DCR 1760), see § 2 of the District of Columbia Taxicab Commission Establishment Act of 1985 Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-73, May 27, 1997, 44 DCR 3164), and see § 2 of the Taxicab Commission Hearing Examiner Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-255, February 19, 1998, 45 DCR 1170).

For temporary (90 days) repeal of D.C. Law 19-184, § 7, see § 7007 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) repeal of D.C. Law 19-184, § 7, see § 7007 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 day) addition, see § 2 of District of Columbia Taxicab Commission Establishment Act of 1985 Temporary Amendment Act of 1997 (D.C. Law 12-6, June 5, 1997, law notification 44 DCR 4638).

Short Title

Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.

Editor's Notes

Section 7 of D.C. Law 19-184 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7007 of D.C. Law 20-61 repealed D.C. Law 19-184, § 7.

Applicability of D.C. Law 20-197: Section 7 of D.C. Law 20-197 provided, in part, that §§ 1, 2, 3, and 4 of the act shall apply as of March 10, 2015.