Current through Register Vol. 28, No. 3, September 1, 2024
11.1
The Division may revoke the approved status of any Approved Tower if the
Approved Tower or, where applicable, one of its officers, principals,
directors, employees, or stockholders owning more than ten percent of the
outstanding stock of the corporation has:
11.1.1 ( Violated any of these
regulations;
11.1.2 Made a false or
misleading statement of fact or omission of a material fact to the Division in
connection with the application, inspection, or renewal;
11.1.3 ( Subcontracted any towing
work;
11.1.4 Been found bankrupt,
insolvent, or in receivership;
11.1.5 Been the subject of two or more
substantiated complaints within any twelve-month period from citizens about the
Approved Tower's nonconsensual towing services, including but not limited to
complaints about charging unreasonable rates for towing or storage, or the
refusal to release a vehicle after presentation of sufficient proof of
ownership and payment of authorized charges;
11.1.6 Failed to carry the required insurance
on any of the Approved Tower's tow trucks or for the operation of the tower's
business, or the loss of any required federal, state or local license required
for the operation and driving of a tow vehicle; or
11.1.7 Been unavailable to respond to a
Division dispatch or failed to respond to a Division dispatch on at least three
occasions within any six month period, or did not have at least a seventy-five
(75) percent response rate for calls within any twelve month
period.
11.2 The Division
may also revoke the approved status of any Approved Tower that continues to
employ someone (despite a Division request for them not to employ) who has:
11.2.1 Been convicted of driving under the
influence of alcohol, narcotics, or dangerous drugs during the period of
certification;
11.2.2 Had their
driver's license suspended or revoked;
11.2.3 Been convicted of any crime involving
theft, fraud or dishonesty, or any felony involving the operation of a tow
vehicle, or been adjudged (civilly or criminally) to have operated a tow
vehicle in a grossly negligent manner or in a manner showing a reckless
disregard for life or property; or
11.2.4 Imperiled the safety of the
public.
11.3 If there is
an imminent threat to public safety, the Superintendent or his designee may
summarily suspend Approved Tower status in writing with a written statement of
reasons. If there is no imminent threat to public safety, the Division shall
give notice to the Approved Tower in writing of its intent to revoke its
approved status and the reasons therefor. If, within thirty days from the date
of the receipt of such notice to suspend or revoke, the tower requests a
hearing in writing, then the Division will schedule a hearing within sixty days
of the tower's request before the Superintendent or his designee. The decision
of the Superintendent or his designee shall be in writing and shall be
final.
