Utah Code 72-9-607. Required process before removal from towing rotation
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(1) Each political subdivision or state agency that establishes a towing rotation to facilitate tows initiated by the political subdivision or state agency shall establish a policy for an appeals process to hear and decide appeals from a decision to suspend or remove a tow truck motor carrier or tow truck operator from a towing rotation.
Terms Used In Utah Code 72-9-607
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Motor carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business. See Utah Code 72-9-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Tow truck: means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means. See Utah Code 72-9-102
- Tow truck motor carrier: means a motor carrier that is engaged in or transacting business for tow truck services. See Utah Code 72-9-102
- Tow truck operator: means an individual that performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier. See Utah Code 72-9-102
(2) In conducting an appeal as described in Subsection (1):
(2)(a) the appeal process may be conducted by a single appeal officer or a panel; and
(2)(b) an individual hearing an appeal, whether as a single appeal officer or as part of a panel, may not be the same individual who made the decision to suspend or remove the tow truck motor carrier or tow truck operator from the towing rotation.