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Board delays taxi‑medallion revocation case, orders parties to negotiate penalty alternatives

San Francisco Board of Appeals · March 9, 2011
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Summary

Facing disputed audit records and chain‑of‑custody questions, the Board of Appeals continued Richard Arvin’s medallion revocation appeal to March 23 to allow SFMTA and the appellant to negotiate alternative penalties (suspension/fine) and to submit short statements summarizing any agreement.

The Board of Appeals on March 9 continued an appeal by medallion holder Richard Arvin of a revocation action by the San Francisco Municipal Transportation Agency (SFMTA) and gave the parties until March 23 to attempt to negotiate an alternative penalty.

SFMTA sought revocation of medallion #997 on the ground Arvin failed to meet the agency’s annual full‑time driving requirement for 2007 and parts of 2008. Counsel for Arvin argued the case is plagued by missing records and broken chain‑of‑custody: original waybills were collected by a former Taxi Commission employee in 2008 without receipt, later found in agency boxes in 2010, and the appellant says he was not given notice or an opportunity to reconcile records before the agency pursued revocation.

SFMTA argued its audit and corroborating evidence supported enforcement and noted the agency has adopted new procedures (including electronic waybills) to avoid such gaps. Commissioners expressed discomfort with imposing permanent revocation given the record‑keeping gaps and the severity of the penalty; several said a negotiated suspension, monetary sanction or other remedial penalty would be a proportional outcome.

The board continued the hearing to March 23 and directed both parties to exchange brief (two‑page) proposals ahead of the date to summarize any negotiated penalty alternatives; the board left open the possibility the parties could reach an agreement and withdraw the appeal.