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TAXICAB AUTHORITY ADMINISTRATIVE COURT
-PLEADINGS AND STANDARDS
OF CONDUCT-
If a violation carries a bail
recommendation for permit suspension or revocation, the
permit holder must appear before the Hearing Officer to
resolve the citation.
The Administrator understands that
emergencies arise which may prevent the permit holder from
being able to appear before the Hearing Officer on the
scheduled hearing date. If such an emergency should arise,
the permit holder must call the hearings coordinator at
702.486.6425 to request a continuance as soon as the permit
holder becomes aware that they cannot attend the scheduled
hearing. Continuances are granted at the pleasure of the
Administrator, with no guarantee that a continuance will be
granted.
Should the permit holder not attend at
the scheduled date and time before the Hearing Officer, the
permit holder may be deemed a
FAILURE TO APPEAR (FTA). If an FTA is registered
against the permit holder, he/she will then owe the full
amount of the citation (minimum $100) to the administrative
court, and could face probable suspension or possible
revocation of his/her permits.
Any witnesses that the permit holder
wishes to testify before the Hearing Officer must be present
at the time of the hearing. The Hearing Officer will not
allow telephone testimony by any witnesses. If the permit
holder has any documentary evidence for the Hearing Officer
to review, he/she must have it with them, and must provide a
suitable number of copies for the Hearing Officer and the
prosecutor. The Hearing Officer may exclude any evidence
that is not provided to all involved parties.
While in the hearing room, all permit
holders must maintain the same standard of conduct that
dictates his/her actions in accordance with NRS 706.8845.
The permit holder must be respectful of the Hearing Officer,
Taxicab Authority staff, and other parties to the case at
all times. During the proceeding the Hearing Officer may be
referred to as “your honor”, or “judge”. Any disruptive or
disrespectful behavior by the permit holder or his/her
witnesses will not be tolerated. Nevada law empowers the
Hearing Officer to direct the court bailiff to remove any
disruptive parties.
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No weapons are allowed in the
courtroom.
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No smoking, eating, drinking, or
chewing gum in the courtroom.
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No shorts, tank tops, or T-shirts
which show offensive slogans or pictures are allowed in
the courtroom.
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Closed toe shoes are required.
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Hats should be removed before
entering the courtroom.
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Sit quietly when Court is in session
and do not talk or whisper while Court is in session;.
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Court proceedings are recorded by a
court reporter and noise can interfere with the creation
of this important record.
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Avoid bringing children to court. If
it is necessary to do so, please monitor their behavior
so they remain quiet at all times; parents may be
asked to leave the courtroom if their child becomes
noisy or unruly.
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All beepers, cellular telephones, and
electronic devices must be turned off prior to entering
the courtroom.
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Avoid reading newspapers or books in
the courtrooms, particularly if such material may be a
distraction.
PLEADINGS:
When the permit holder is issued a
citation there will be an arraignment date at the bottom of
the citation. That date is the initial opportunity for the
permit holder to appear before at the Taxicab Authority to
enter a plea with the hearing coordinator regarding the
charges listed on the citation.
The permit holder may enter one of
three pleas at his/her initial appearance:
GUILTY:
If a guilty plea is entered, no trial will take place.
The permit holder will be given the opportunity to
resolve the citation as listed above, unless the
suggested bail involves suspension or revocation of the
permit.
NOT GUILTY:
If a not guilty plea is entered the permit holder will
be scheduled for a hearing before the Hearing Officer.
At the hearing the Taxicab Authority will be required to
establish that the violation occurred. Following the
hearing, the Hearing Officer will make a determination
as to guilt or innocence. If the Hearing Officer finds
the permit holder guilty, discipline commensurate with
the violation will be imposed.
NO CONTEST:
Referred to in the law as nolo contendere (Latin for “I
will not contest”). If the permit holder enters this
plea, he/she still must appear before the Hearing
Officer. At the hearing, the permit holder will not
contest the charges in the citation, but wishes to
provide the Hearing Officer with an explanation of the
circumstances surrounding the citation. While
technically not an admission of guilt for the violation,
the Hearing Officer will treat a plea of "no contest" as
such an admission and proceed to find the permit holder
guilty as charged.
At the hearing, the permit holder may
request that the Hearing Officer DISMISS the citation
if he/she believes that the citation is without merit. If
the Hearing Officer denies the request for dismissal, the
permit holder must proceed with the hearing under his/her
original plea, and will be required to have any witnesses
and evidence with them.
Each permit holder and his/her witnesses
must understand the Hearing Officer will only address those
issues and charges listed on the citation. The permit holder
cannot use the hearing before the Hearing Officer as an
opportunity to express personal views about the Taxicab
Authority, taxicab companies, or other permit holders. The
permit holder must be succinct, direct, and should speak
only to the charges on the citation.
The permit holder can appeal the decision
of the Hearing Officer to the Taxicab Authority Board in
accordance with NRS 706.8819 & 706.8822.
Taxicab
Authority staff is not permitted to give legal advice at any
time. The permit holder may be represented at any point in
the hearing process by an attorney at his/her own expense.
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