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Board of Appeals denies rehearing in Best Cab medallion revocation

San Francisco Board of Appeals · February 19, 2014
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Summary

The San Francisco Board of Appeals on Feb. 19 denied a rehearing request from Linus OHA and Best Cab Company challenging revocations of a ramp taxi medallion and color-scheme permit, finding no new material evidence; the motion to deny passed 4-0.

The San Francisco Board of Appeals on Feb. 19 denied a rehearing request from attorney Heidi Machin on behalf of appellant Linus OHA and Best Cab Company, concluding that the hearing did not surface new material facts that would alter the board's earlier decision to uphold revocations of the company's ramp-taxi medallion and color-scheme permit.

Machin told the board she sought a rehearing because appellant's side had additional facts about transfers of color schemes that were not presented at the Jan. 15 hearing. "We asked for a rehearing in order to fully brief the commission on some facts that we believe were misrepresented in the last hearing," Machin said. She pointed to contemporaneous transfers in the taxi industry that she argued SFMTA had not disclosed.

SFMTA's representative urged denial. "This rehearing request should be denied because mister OHA and his attorney have not presented any new or different material facts that would warrant a rehearing on this matter," the department said, arguing the examples cited did not change the factual basis for the board's earlier decision.

Commissioners said they found no new material evidence that would have affected the prior outcome and moved to deny the rehearing on the basis of no new evidence. The motion carried 4-0 (Commissioner Honda absent). The board directed staff to release a notice of decision and order reflecting the denial.

The board's action ends this procedural request in the administrative appeal; the underlying revocations stand as previously decided.