ALJDEC decisions subject to certification as final

15F-17825-DWM · Department of Weights and Measures · 2015-04-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 7, 2015 APPEARANCES: Abebe Yirsaw, Licensee’s representative; Michael Raine, Attorney for the Department of Weights and Measures; J.J. Stroh, Department witness ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________

FINDINGS OF FACT 1. Abebe Belay Yirsaw (“the Licensee”), doing business as Mini Cab, is a licensee of the Arizona Department of Weights and Measures (“the Department” or “DWM”). On December 11, 2014, the City of Scottsdale issued a Traffic Ticket and Complaint to a taxi that was registered to the Licensee. The ticket was for obstructing a public thoroughfare and for an expired license plate registration. 2. Based on the expired license plate registration, the Department suspended the Licensee’s DWM license and initiated revocation of the DWM license based on failure to maintain a valid license plate registration with the Department of Motor Vehicles. On January 20, 2015, J.J. Stroh, Department Senior Investigator, issued a Notice of Violation informing the Licensee that the license was in violation due to the suspended DWM license. 3. The Licensee appealed the Notice of Violation and the matter was referred to the Arizona Office of Administrative Hearings, an independent State agency that conducts administrative hearings in matters arising out of State regulation. 4. At the hearing, the Department presented the testimony of J.J. Stroh, who testified that his search of the records and databases available to DWM yielded no evidence that the Licensee had renewed the license plate registration on the vehicle in question. He testified that, considering past violations, maximum civil penalties, and the type of violation at issue, the Department recommends a civil penalty of $500.00, though the maximum could be $2,000.00. 5. The Licensee appeared at the hearing and testified that it is his belief that the Department has no authority to regulate his taxis. He acknowledged that he has had 10 to 12 previous violations, but he argued that Uber, a taxi company, and other businesses like it, do not have to be licensed and are not under DWM authority. He said this violation does not hurt any customers, so it is not appropriate for DWM to enforce it. CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Director of DWM pursuant to A.R.S. § 41- 2. Arizona law at A.R.S. § 41-2091(L) provides that DWM shall revoke a taxi license if the taxi fails to maintain the requirements for either motor vehicle licensing or motor vehicle insurance. 3. Arizona law at A.R.S. § 41-2115(A) provides that civil penalties may be imposed for such violations. 4. A.R.S. § 28-2532(A) provides that owners or operators of motor vehicles must display license plates on the vehicle that are assigned for the current registration year. 5. In this case, it was not disputed that the taxi did not have its current license plate registration and it was, therefore, in violation of A.R.S. § 28-2532(A). As such, the Licensee had failed to maintain the requirements for motor vehicle licensing, which is, in itself, a violation of the vehicle’s DWM license and cause for it to be revoked pursuant to A.R.S. § 41-2091(L). Therefore, the Notice of Violation was properly issued and it should be sustained. 6. The Department’s determination that a civil penalty of $500.00 was supported by sound reasoning and should be sustained as well. RECOMMENDED DECISION Based upon the foregoing considerations, it is hereby recommended that this appeal be denied and that the decision of the Department of Weights and Measures to issue the Licensee the Notice of Violation in this matter be sustained. It is further recommended that the proposed civil penalty of $500.00 be imposed as reasonable and appropriate in this matter.

Done this day, April 22, 2015.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

Andy Tobin, Director Arizona Department of Weights and Measures -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826