Current through Register Vol. 49, No. 18, September 16, 2024
(1) As used
herein, the following terms mean:
(A)
"Commission", the regional taxicab commission established pursuant to section
67.1804,
RSMo;
(B) "Department", the
Missouri Department of Revenue;
(C)
"Director", the director of the Missouri Department of Revenue or a hearing
officer or appeals referee duly appointed by the director;
(D) "Home rule city", any home rule city with
more than four hundred thousand (400,000) inhabitants and located in more than
one (1) county; and
(E)
"Transportation network company" or "TNC", a corporation, partnership, sole
proprietorship, or other entity that is licensed pursuant to sections
387.400 to
387.440,
RSMo, and operating in the state of Missouri, that uses a digital network to
connect TNC riders to TNC drivers who provide prearranged rides.
(2) Applicants for initial TNC
licensure or renewal shall apply to the department by completing an application
and providing the following:
(A) The
registered name, address, and contact information of the applicant, including a
phone number and e-mail address;
(B) The name of the registered agent within
the state who will accept service of process and notifications as required by
section
387.406,
RSMo, and direct contact information for the agent including physical address,
phone number, e-mail address, and regular business hours;
(C) The name and e-mail address for an
account administrator designated by the applicant for purposes of creating and
maintaining an account which will meet all reporting requirements contained in
section
387.436,
RSMo;
(D) The five-thousand dollar
($5,000) application fee; and
(E) A
copy of the applicant's privacy policy as required by, and in accordance with,
section
387.425,
RSMo.
Applicants shall certify that they will comply with all
requirements contained in sections
387.400 to
387.440,
RSMo, sections 379.1700 to 379.1708, RSMo, and all regulations promulgated by
the department that are consistent with sections
387.400 to
387.440,
RSMo, pursuant to the authority delegated to the department under section
387.430,
RSMo. Applicants shall further certify that their privacy policy, as provided
to the department, meets all the requirements contained in section
387.425,
RSMo. Applicants for renewal shall meet all of the above requirements except
that applicants shall only be required to resubmit the applicant's privacy
policy if the policy has changed or is different from the privacy policy on
file with the department.
(3) Upon approval of an application for TNC
licensure, the designated account administrator of the TNC will be sent an
electronic notification by the department containing instructions on how to
create and maintain an electronic reporting account with the department for
purposes of complying with section
387.436,
RSMo. The TNC's account shall be created prior to the TNC doing business as a
licensee and shall be maintained throughout the duration of the
license.
(4) TNCs shall cooperate
with any investigation or audit by the department related to sections
387.400 to
387.440,
RSMo and sections
379.1700 to
379.1708,
RSMo. TNCs shall permit an employee or agent of the department to inspect,
during normal business hours, any and all records which are required to be
maintained pursuant to sections
387.400 to
387.440,
RSMo, if related to an investigation as described above. If a third party is
utilized in accordance with section
387.420,
RSMo, all records gathered and supplied by the third party shall be maintained
and available for inspection by the department. Any records which may be
reviewed by a home rule city or the commission must also be made available to
the department for inspection purposes upon request. TNCs shall make requested
records available for review or provide electronic copies of records within
fifteen (15) business days in order to comply with the provisions of this
section.
(5) The department may
refuse to issue or renew any license required pursuant to sections
387.400 to
387.440,
RSMo, for a specified period of time for any one (1) or any combination of
causes stated in this section. The department shall notify the applicant or
licensee in writing at their last known address of the reasons for the refusal
to issue or renew the license and shall advise the applicant or licensee of
their right to file an appeal with the administrative hearing commission as
provided in Chapter 621, RSMo.
(A) The
following acts constitute cause for refusal to issue or renew a license:
1. Any violation of sections
387.400 to
387.440,
RSMo, sections 379.1700 to 379.1708, RSMo, or any rule promulgated under the
authority delegated to the department under section
387.430,
RSMo;
2. The applicant or license
holder was previously the holder of a license issued under sections
387.400 to
387.440,
RSMo, which license was suspended or denied for cause and was never reissued by
the department;
3. The applicant or
license holder was previously a partner, stockholder, director, or officer
controlling or managing a partnership or corporation whose license issued under
sections
387.400 to
387.440,
RSMo, was suspended or denied for cause and was never reissued;
4. Use of fraud, deception,
misrepresentation, or bribery in securing a license issued pursuant to sections
387.400 to
387.440,
RSMo; and
5. Failure to cooperate
with the department or failure to timely respond to a request for records by
the department in connection with an investigation.
(6) To the extent permitted by
section
387.440,
RSMo, a home rule city or the commission may assess a fine of up to
five-hundred dollars ($500) to a TNC for failure to comply with sections
387.400 to
387.440,
RSMo, and shall comply with all notification requirements contained in this
section.
(A) The home rule city or the
commission shall send a notice to the TNC's registered agent which includes the
amount of the fine, a brief statement of facts establishing the TNC's failure
to comply with any requirement in section
387.400 to
387.440,
RSMo, and a statement indicating the right of appeal in substantially the
following language: "If you are adversely affected by this notice, you may
appeal to the Department of Revenue. To appeal, you must file a request for
hearing with the Department of Revenue, PO Box 703, Jefferson City, MO 65105,
within thirty (30) days after the date this notice was mailed or the date it
was delivered, whichever date was earlier. If any such request for hearing is
sent by registered mail or certified mail, it will be deemed filed on the date
it is mailed; if it is sent by any method other than registered mail or
certified mail, it will be deemed filed on the date it is received by the
Department of Revenue." A copy of the notice must be provided to the department
upon issuance by mailing it to Department of Revenue, PO Box 703, Jefferson
City, MO 65105 or by sending it electronically to mvbmail@dor.mo.gov.
1. Any TNC fined by a home rule city or the
commission shall be entitled to a hearing before the director by filing a
request for hearing with the department within thirty (30) days after the date
this notice was mailed or the date it was delivered, whichever date was
earlier. If the request for hearing is sent by registered mail or certified
mail, it will be deemed filed on the date it is mailed; if it is sent by any
method other than registered mail or certified mail, it will be deemed filed on
the date it is received by the Department of Revenue.
2. Failure to file a timely request for
hearing will be considered a waiver of the right to an administrative hearing
and will establish and make final, for the purposes of administrative appeal,
the home rule city or the commission's factual findings and fines.
(B) Hearings will be held in
Jefferson City, Missouri, and shall be considered contested cases as that term
is defined in Chapter 536, RSMo. Hearings will be placed on an administrative
docket in the order in which they are received.
(C) Parties will be notified by first class
mail of the date and time of the hearing. A copy of the notice will be sent to
each party or the party's attorney of record.
(D) Parties may be allowed one (1)
continuance at the discretion of the director provided good cause is shown. All
requests for continuances shall be made in writing, state good cause for the
continuance, and be signed and verified by the party making the request or
their attorney of record. All requests for continuance must be filed at least
five (5) days prior to the date of the scheduled hearing.
(E) The department will make a record of the
proceedings and evidence presented. Hearing procedures shall be substantially
as follows:
1. The home rule city or the
commission will have the initial burden of proof and must present, by a
preponderance of the evidence, facts establishing the TNC's failure to comply
with sections
301.400
to
301.440,
RSMo;
2. The TNC may present any
evidence establishing or suggesting compliance with the provisions of sections
301.400
to
301.440,
RSMo or any rebuttal evidence;
3.
Parties may present testimony by notarized affidavit or by stipulation of the
parties. Affidavits or stipulations may be filed at the time of hearing or any
time prior to the hearing;
4. The
department will receive oral testimony, and any live witnesses will be subject
to cross examination;
5. Failure to
appear at the hearing at the stated time may result in a default finding and
decision against the absent party; and
6. When not inconsistent with this
subsection, the provisions of Chapter 536, RSMo shall apply to hearings held in
accordance with section
387.440,
RSMo.
(F) The director
shall consider all the evidence presented, make written findings of fact and
conclusions of law, and enter a final decision at or within sixty (60) days
from the date of the hearing. All parties will be mailed a copy of the findings
of fact, conclusions of law, and final decision. No decision will be entered at
the time of the hearing.
(G) The
effective date of the director's final decision shall be thirty (30) days from
the date the final decision is entered.
(H) Any fines paid by a TNC in accordance
with the provisions of section
387.440,
RSMo shall be remitted to the department within fifteen (15) days from the
effective date of the final decision of the director or any final decision or
order entered by a court of law having jurisdiction over the appeal of such
fine.
(I) Any fines remitted to, or
collected by, the department in accordance with sections
387.439
and
387.440,
RSMo will be distributed in accordance with Article IX, Section 7 of the
Missouri Constitution.
(7) License suspensions under subsection 4 of
section
387.439,
RSMo shall be for a period of thirty (30) days per violation.
