January hearing set for limousine maverick

Friday, Dec. 10, 1999 | 11:49 a.m.

The limousine driver who turned his two-year-old struggle to get a certificate to operate in Nevada into a high-profile court battle has a new a hearing scheduled before the Transportation Services Authority.

John West, who moved to Albuquerque, N.M., about seven months ago to work as an auto mechanic at an independent repair shop, will have his case reviewed by Bruce Breslow, the TSA's newest commissioner.

Breslow said after a prehearing conference Thursday that West's case would be heard Jan. 20 at 10 a.m. West has said that he would return to Las Vegas if he could be certified to drive his limousine by the TSA.

Breslow also set a series of deadlines for any written testimony to be submitted.

The agency gave West three options for re-examining the case: to conduct it exclusively on information already submitted, to conduct it with previously submitted information that is updated or conduct it as a new application with new information.

West, who wasn't at the hearing, was expected to consult with his attorneys before determining how he wanted the case reviewed.

The Institute for Justice, an organization that advocates free-market positions for companies regulated by government agencies, has pledged to offer legal help to independent limousine operators against the state's regulations.

The organization believes it is unfair for the state to require financial disclosures that could help a competitor.

The Institute for Justice said West spent hundreds of hours and about $20,000 to complete his application and had to hire a lawyer and an accountant to respond to the TSA's requests for information.

The TSA dismissed a hearing for West because officials said the application was incomplete. West has said some of the information sought by the agency could give competitors an advantage if it became public. Under licensing procedures, competitors have the ability to comment on whether a new applicant could adversely affect companies already licensed.

District Court Judge Mark Denton ruled that the TSA improperly dismissed West's case when the agency said it didn't have enough financial information to render a decision.