§ 3.5. AUTHORITY TO ISSUE SUBPOENAS.

(a) When the Director of Transportation, acting under the authority of Charter Section 8A.101(b), deems testimony or other evidence necessary to a pending investigation of the potential violation of an ordinance or regulation governing Motor Vehicles for Hire, or the qualifications of an applicant for a permit, he or she shall have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of any books, papers, records or other items relevant to the regulation of motor vehicles for hire.

(b) In connection with a hearing conducted under Article 1100 of this Code into the alleged violation of an ordinance or regulation governing motor vehicles for hire, and upon the application of a party to the proceeding, the hearing officer is empowered to issue a subpoena requiring the attendance and testimony of witnesses or the production of books, papers, records or other items upon the hearing officer's determination that the testimony or other evidence is likely to provide evidence relevant to the alleged violation.

(c) All applications for subpoenas made and all subpoenas issued under this Section 3.5 shall be made in the format and in accordance with the rules prescribed by the SFMTA. In case of the refusal of any person to attend testify, or produce documents as required by a subpoena issued under the authority of this Section 3.5, the SFMTA may proceed to petition for a court order pursuant to Section 1991 of the California Code of Civil Procedure.

(Added by Ord. , File No. 120967, App. 5/8/2015, Eff. 6/7/2015)