(Formerly Sec. 16-326). Permits. Penalty. Amounts remitted to municipality. Revocation of permit.

(b) In determining whether or not such a permit will be granted, the Department of Transportation shall take into consideration the present or future public convenience and necessity for the service the applicant proposes to render, the suitability of the applicant or the suitability of the management if the applicant is a limited liability company or corporation, the financial responsibility of the applicant, the ability of the applicant efficiently and properly to perform the service for which authority is requested and the fitness, willingness and ability of the applicant to conform to the provisions of this chapter and the requirements and regulations of the department under this chapter. (c) Any interested party may bring a written petition to the Department of Transportation in respect to fares, service, operation or equipment, or the convenience, protection and safety of the public with regard to any carrier operating a motor vehicle in livery service. Thereupon, the department may fix a time and place for a hearing upon such petition and give notice thereof. No permit shall be sold or transferred until the department, upon written application to it setting forth the purpose, terms and conditions thereof and accompanied by a fee of two hundred dollars, after investigation, approves the same. The department may amend or, for sufficient cause shown, may suspend or revoke any such permit. The department may order appropriate corrective action as the department deems necessary, including, but not limited to, the attendance of a motor vehicle operator retraining program. The department may impose a civil penalty on any person or any officer of any association, limited liability company or corporation who violates any provision of this chapter or any regulation adopted under section 13b102 with respect to fares, service, operation, equipment, management or staffing, in an amount not to exceed one thousand dollars per day for each violation. Prior to the imposition of a civil penalty under this subsection, the department shall provide notice to such person or officer no later than fifteen business days after receipt of information concerning an alleged violation and shall provide an opportunity for a hearing. (d) (1) Any person who holds himself or herself out to be the operator of a motor vehicle in livery service who has not received a permit under this section shall be guilty of a class B misdemeanor. (2) The state shall remit to a municipality fifty per cent of the fine amount received for a violation of subdivision (1) of this subsection with respect to each summons issued by such municipality. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official. (e) The Department of Transportation may revoke a permit issued under this section or section 13b-105 without a hearing, provided (1) the department sends a notice of revocation to the permit holder at the address of the permit holder on file with the department and (A) the notice is returned as undeliverable or could not be delivered, or (B) the permit holder fails to respond to the notice within the time period specified by the department in such notice, (2) the department conducts a physical inspection of the address of the permit holder on file with the department and determines that no livery service is operated at such address, and (3) no motor vehicle is registered by the permit holder with the Department of Motor Vehicles to be used as specified in the permit pursuant to section 13b-106 . Annotations to former section 16-326: Cited. 161 C. 215. Cited. 24 CS 404. Annotations to present section: Interpretation of phrase “public convenience and necessity” has not been articulated by the department and phrase is ambiguous in that it does not establish factors that the department must consider; section should be construed to avoid anticompetitive effects to the greatest extent possible, consistent with general legislative policy; in determining whether it should grant an application for a livery service permit, the department should consider whether a permit applicant has provided evidence on whether the service will benefit the relevant class of users and whether the proposed service is more efficient, more economical, more convenient, more satisfactory or different than the services offered by existing service providers. 316 C. 538. Statute provides department with sufficient guidance to grant or deny permit applications against the myriad of factual scenarios that may arise and is not an unconstitutional delegation in violation of constitutional doctrines of separation of powers. 78 CA 80. Subsec. (a): Subdiv. (4) does not violate the equal protection clauses of the U.S. and Connecticut Constitutions, the commerce clause of the U.S. Constitution or the due process clauses of the U.S. and Connecticut Constitutions. 316 C. 538. Subsec. (b): Court properly determined that department had acted properly in construing Subsec. to require a multifactor analysis and in applying the “public convenience and necessity” standard to plaintiff's application for additional intrastate livery service. 78 CA 80.