Lately, I have heard from many cab drivers that the hearings at 400 West Superior are unfair and that the city sees cabdrivers as one big ATM machine where huge fines help offset a budget deficit.
In early 1990, I was in charge of revamping the Department of Consumer Services Administrative Hearings Section, which heard complaints against cabdrivers until the independent Department of Administrative Hearings (DOAH) was established and started hearing cases at 400 West Superior. Shortly after DOAH started hearing cases, I supervised all the attorneys who prosecuted cases for Consumer Services at DOAH until I retired in 2004. For the last two years, I have defended cabdrivers and medallion holders at DOAH.
As an attorney who has prosecuted, defended and served as hearing officer in administrative cases involving chauffeurs and medallion holders, I feel that I have a unique perspective on the administrative process and look forward to writing a regular feature on issues affecting cabdrivers at Administrative Hearings.
Feel free to contact me at jamesrmueller@comcast.net if there is a particular topic you would like addressed or if you have a particular question as to what happened at DOAH and why.
Every month, I will also feature the tips of the month. This month, I have two tips. First, I strongly urge every cabdriver to verify that your correct and complete address (including apartment number) is on file with the city. If your address is wrong or incomplete, fill out a change of address form at the office on Ogden. Not only do the rules require it, but if the city has an old address on file, and sends you notice of hearing to that address, you could have a default judgment entered against you if you don't show up. These default judgments will most likely be in the thousands of dollars for what are often relatively minor offenses. It is becoming increasingly harder to vacate or set aside these default judgments, especially when the driver has a past history of failing to appear for hearings.
My second tip is to continue to be unfailingly calm and polite during your hearings. Remember that if you feel tired of the prosecuting attorneys and hearing officers considering almost every driver guilty, then consider that they are tired of hearing almost every driver tell them that they are innocent and the city is unfair.
Drivers are supposed to be professional and polite at all times when operating their cabs. What better way to evidence to the city at DOAH that you are the driver they want you to be than to be professional and polite even when under duress at a hearing? This doesn't mean you have to agree with the charges or a finding against you, but yelling, threatening and vague grumbling only confirms the city attorney's impression that you are not the type of driver that should go unpunished.
Next month, I plan to write more extensively on how to represent yourself at administrative hearings. Until then, may all your shifts be profitable and complaint free.
The information provided in this article should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult with a lawyer concerning your own legal situation and any specific legal questions you may have.
