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Board denies rehearing in taxi medallion eligibility case

San Francisco Board · May 6, 2009
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Summary

The Board denied a rehearing request from Masood Charsoogie’s counsel, finding no new evidence that would change the prior outcome that upheld the MTA’s determination of ineligibility for a ramp taxi medallion.

The San Francisco Board voted 4-0 to deny a rehearing request in Appeal 8180, Charsoogie v. MTA Division of Taxis and Accessible Services, after hearing arguments from the appellant and the agency.

Leah Parminter, counsel for Masood Charsoogie, asked the Board to grant a rehearing on the grounds that “new evidence not presented at the hearing” shows Mr. Charsoogie was removed from the ramp-medallion waiting list without notice and therefore was deprived of his ability to appeal in a timely manner. Parminter argued that the removal, if not publicly deliberated, conflicted with Chapter 67 of the San Francisco Administrative Code and the city’s Sunshine Ordinance.

Joydanna Thigpen, identified in the record as representing the Municipal Transportation Authority’s Division of Taxis and Accessible Services, responded that “there’s no new law, no new evidence that is presented here or that could not have been presented earlier.” Thigpen said the agency had reviewed the lengthy chronology, reaffirmed that Mr. Charsoogie lacked required credentials when his name came up on the list in 2003, and noted that she was not present in the department at the relevant time and did not personally remove his name.

After brief commissioner discussion about whether the record contained significant new facts, a motion was made to deny rehearing. The Board recorded an affirmative vote and denied the request 4-0. The Board’s action leaves the prior decision upholding the MTA’s determination intact.