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Board of Appeals grants taxi permit rehearing for Bretholz, schedules January hearing
Summary
The board voted unanimously to grant a rehearing for Jacob (Bretholz) on a Taxi Commission permanent bar from a taxi-cab A card, allowing supplemental briefs and setting the rehearing for Jan. 9, 2008.
President Knox and the Board of Appeals voted unanimously to grant a rehearing request from Jacob Bretholz after attorneys and Taxi Commission staff presented competing accounts of the earlier proceedings.
Attorney Julia Adams told the board the basis for the rehearing was that a prior suspension relied on at the October hearing “never happened” and that the record showed no disciplinary actions in Bretholz’s taxicab file. Heidi Machin, executive director of the Taxi Commission, said the commission’s files and prior hearing record supported the revocation and that the petition for rehearing did not present new facts or extraordinary circumstances that would justify reopening the case.
Commissioners debated whether a referenced prior suspension had influenced the original decision and whether any newly produced documents were material. Commissioner Holland moved to grant the rehearing; the board approved the motion 5-0. The board directed staff to schedule the rehearing for January 9, 2008, and to allow both parties to submit supplemental briefs the Thursday before the hearing.
The action means the Taxi Commission’s prior decision will be set aside for rehearing on the merits; the board did not rule on the underlying permanent bar at Tuesday’s meeting.
The next step is the rehearing on Jan. 9, when the board will consider any new evidence and arguments presented by the parties.
