Sec. 23-135. Pedicab inspection tags; revocation.
A. An inspection tag issued pursuant to this article may be revoked upon any one or more of the following grounds:
1. The application for the inspection tag contained a material misstatement of fact or material misrepresentation.
2. The applicant was guilty of fraud or deceit in obtaining the inspection tag.
3. The pedicab is no longer in compliance with this article.
4. The inspection tag has been removed, moved, altered or defaced.
5. The inspection tag holder failed to update information submitted on the application as required by this article.
6. A fee required by this article has not been paid.
B. The Director of the Police Department or his designee shall revoke an inspection tag by mailing to the applicant by certified mail to the mailing address on the application, or more recently of record, a notice of revocation stating the reasons for the revocation.
C. The holder of the inspection tag may appeal the notice of revocation by filing a request for hearing with the Director of the Police Department or his designee at Phoenix Police Department, Office of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003 within ten calendar days, excluding weekends and City holidays. An appeal heard by the Director of the Police Department or his designee pursuant to this section shall be conducted informally and the technical rules of evidence shall not apply, provided that the decision shall be based upon substantial and reliable evidence. The decision of the Director of the Police Department or his designee shall be in writing and either hand-delivered or mailed by certified mail to the applicant to his mailing address of record within five calendar days after the conclusion of the hearing. Service by mail shall be complete three calendar days after mailing.
D. The holder of an inspection tag aggrieved by a decision of the Director of the Police Department or his designee may request a hearing before the License Appeal Board by filing a request for hearing with the Director of the Police Department or his designee at Phoenix Police Department, Office of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003 within ten calendar days of receipt of the decision sustaining the revocation, excluding weekends and City holidays. The License Appeal Board shall hear the appeal de novo and shall follow the rules of procedure set forth in Section 19-14
E. At the conclusion of a contested case, the inspection tag shall be immediately surrendered to the Police Department upon demand. (Ord. No. G-5192, § 1, 2008; Ord. No. G-5444, § 3, 2009)