Friday, April 3, 1998 | 10:05 a.m.
The newly formed Transportation Services Authority approved its first major regulation on Thursday, rules that establish an appeals process for matters heard by the state's Taxicab Authority.
The regulation is expected to be formally approved next week.
Bob Anselmo, who implements policy as the administrator of the Taxicab Authority, said hearing officers get 30 to 40 taxi complaints for review every two weeks and several of those are appealed to the five-member Taxi Authority board.
The new TSA appeal process will provide an additional review of any complaint. Anselmo said Taxicab Authority rulings rarely go to District Court, the current avenue of appeal, since they often involve issues as mundane as a traffic violation.
James Jimmerson, chairman of the Taxicab Authority, said his board hears about three or four appeals per month, most of them from cab drivers denied permission to operate because of a prior felony conviction. Jimmerson, an attorney, said hearing officers are required to rule based on statute, but the authority board can reverse rulings based on mitigating circumstances, such as the age of the conviction or its relevance to a driving job.
"I would be surprised if the appeal process beyond the Taxicab Authority is utilized except in the most significant circumstances," said Jimmerson.
Appeals to the TSA also would have to occur within 30 days and require a $200 filing fee.
The TSA, a three-member commission established when the Nevada Legislature split the Public Service Commission into two separate bodies last year, regulates the transportation industry while its Siamese twin, the Public Utilities Commission, oversees telecommunications, electricity, natural gas and water providers.
TSA Chairman John Mendoza said his board regulates limousines, tow trucks, household goods movers, buses and taxicabs outside of Las Vegas. Local cabs are still under the jurisdiction of the Taxicab Authority.
It was the Legislature's intent to merge the Taxicab Authority with the TSA, Mendoza said, but it was a detail that didn't get completed before lawmakers adjourned. Mendoza said the matter probably would get the Legislature's attention at its next session.
So, as one of the TSA's first measures, it took the intermediate step of drawing regulations establishing the appeal process.
Since October, when the TSA formally opened its doors, Mendoza said his commission has begun getting organized and has concentrated its efforts on enforcing newly established transportation regulations that allow his staff to impound illegally operating vehicles.
The so-called "gypsy limousines" are a problem in large convention cities such as Las Vegas. Illegal operators use their vehicles to transport unsuspecting customers without proper training, maintenance checks and insurance. Mendoza's 20-member staff, which includes inspectors in Northern Nevada, an enforcement staff of five in Las Vegas as well as a small administrative crew, certifies operators, inspects vehicles, monitors maintenance files and enforces tariffs to prevent price gouging.
It wasn't a smooth start-up. The commission wasn't funded for an administrative staff and Mendoza had to find and reassign staff from the old Public Service Commission to get started. Many of the records from the PSC had to be moved to a new location in the Sawyer Government Center, where the commission has an office within the Department of Business and Industry.
In the six months since the commission officially has been in operation, the TSA staff has impounded 50 illegal vehicles, Mendoza said. A state statute establishes the authority to confiscate and impound a vehicle operating illegally.
Mendoza and his two fellow commissioners, Don Soderberg of Reno and former Clark County Commissioner Paul Christensen, have met about twice a month since October and will establish policies regarding the regulation of bus services, taxis, limos, tow trucks and movers.
Members of the taxi industry helped establish the new cab appeal process and weren't present when the commission had its formal hearing on the new regulations on Thursday.
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