Assembly Bill A10101

2025-2026 Legislative Session

Prohibits high-volume for-hire vehicle services from deactivating high-volume for-hire vehicle drivers

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2026	referred to cities

2025-A10101 (ACTIVE) - Details

Current Committee:: Assembly Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§20-1204, 20-1207, 20-1208, 20-1209, 20-1211 & 20-1212, add Title 20 Chap 12 Subchap 8 §§20-1281 - 1289, NYC Ad Cd; add Art 48 §§1710 - 1726, Gen Bus L

2025-A10101 (ACTIVE) - Summary

Prohibits high-volume for-hire vehicle services from deactivating high-volume for-hire vehicle drivers; establishes exceptions that allow deactivating drivers; and authorizes the office of the attorney general handle enforcement of the provisions outside the city of New York.

2025-A10101 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10101
 
                           I N  A S S E M B L Y
 
                             January 30, 2026
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Cities
 
 AN  ACT to amend the administrative code of the city of New York and the
   general business law, in relation to prohibiting high-volume  for-hire
   vehicle  services from deactivating high-volume for-hire vehicle driv-
   ers, unless due to just cause, a bona  fide  economic  reason,  or  if
   required to by law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 20-1204 of the administrative code
 of the city of New York, as added by local law number 107 of the city of
 New York for the year 2017, is amended to read as follows:
   a. No person shall take any adverse  action  against  an  employee  OR
 HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER  that  penalizes such employee OR
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER for,  or  is  reasonably  likely  to
 deter  such  employee OR HIGH-VOLUME FOR-HIRE VEHICLE DRIVER from, exer-
 cising or attempting to exercise any right protected under this chapter.
 Taking an adverse action includes threatening, intimidating,  disciplin-
 ing, discharging, demoting, suspending or harassing an employee OR HIGH-
 VOLUME FOR-HIRE VEHICLE DRIVER, reducing the hours or pay of an employee
 OR  HIGH-VOLUME  FOR-HIRE  VEHICLE DRIVER, informing another employer OR
 HIGH-VOLUME FOR-HIRE VEHICLE SERVICE that  an  employee  OR  HIGH-VOLUME
 FOR-HIRE  VEHICLE  DRIVER  has  engaged  in activities protected by this
 chapter, and discriminating against the employee OR HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER,  including  actions  related  to  perceived  immigration
 status  or work authorization. An employee OR HIGH-VOLUME FOR-HIRE VEHI-
 CLE DRIVER need not explicitly refer  to  this  chapter  or  the  rights
 enumerated herein to be protected from retaliation.
   §  2.  Paragraphs  1  and 2 of subdivision b of section 20-1207 of the
 administrative code of the city of New York, as  amended  by  local  law
 number 80 of the city of New York for the year 2020, are amended to read
 as follows:
   1.  Any  person,  including  any organization, alleging a violation of
 this chapter may file a complaint with the department within  two  years
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14385-01-6
 A. 10101                            2
 
 of  the  date  the  person  knew  or  should  have  known of the alleged
 violation, EXCEPT THAT (I) A COMPLAINT ALLEGING A VIOLATION  OF  SECTION
 20-1282  OR 20-1283 OF THIS CHAPTER MAY BE FILED ONLY BY THE DEACTIVATED
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER OR BY A REPRESENTATIVE OF SUCH HIGH-
 VOLUME  FOR-HIRE  VEHICLE DRIVER, PROVIDED THAT THE HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER HAS AGREED TO SUCH REPRESENTATION AND  (II)  A  COMPLAINT
 ALLEGING  A  VIOLATION  OF  SECTION 20-1283 OF THIS CHAPTER MAY BE FILED
 WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THE  LOCAL  LAW  THAT  ADDED
 SUBCHAPTER EIGHT OF THIS CHAPTER.
   2.  Upon  receiving such a complaint, the department shall investigate
 it, EXCEPT THAT UPON RECEIVING A COMPLAINT ALLEGING A VIOLATION  OF  ANY
 PROVISION  OF SUBCHAPTER EIGHT OF THIS CHAPTER, THE DEPARTMENT SHALL, IF
 RESOURCES PERMIT, INVESTIGATE THE COMPLAINT.
   § 3. Paragraph 5 of subdivision b of section 20-1207 of  the  adminis-
 trative  code of the city of New York, as amended by local law number 80
 of the city of New York for  the  year  2020,  is  amended  to  read  as
 follows:
   5. The department shall keep the identity of any complainant confiden-
 tial  unless  disclosure is necessary to resolve the investigation or is
 otherwise  required  by  law,  EXCEPT  THAT  FOR   COMPLAINTS   ALLEGING
 VIOLATIONS OF SECTION 20-1282 OR 20-1283 OF THIS CHAPTER, THE DEPARTMENT
 SHALL  PROVIDE NOTICE OF THE COMPLAINT AND THE IDENTITY OF THE COMPLAIN-
 ANT TO THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE AS SOON AS  PRACTICABLE.
 The department shall, to the extent practicable, notify such complainant
 that the department will be disclosing the complainant's identity before
 such disclosure.
   § 4. The section heading of section 20-1208 of the administrative code
 of the city of New York, as added by local law number 107 of the city of
 New York for the year 2017, is amended to read as follows:
   Specific administrative remedies [for employees or former employees].
   §  5.  Subdivision  c of section 20-1208 of the administrative code of
 the city of New York as added by local law number 107 of the city of New
 York for the year 2017, as relettered by local law number 2 of the  city
 of  New  York for the year 2021, is amended and relettered subdivision e
 and two new subdivisions c and d are added to read as follows:
   C. 1. FOR EACH VIOLATION BY A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE  OF
 SECTION  20-1282  OR 20-1283 OF THIS CHAPTER, THE DEPARTMENT SHALL ORDER
 REINSTATEMENT OR RESTORATION OF ACCESS TO THE DRIVER  PLATFORM  OF  SUCH
 HIGH-VOLUME  FOR-HIRE VEHICLE SERVICE BY SUCH HIGH-VOLUME FOR-HIRE VEHI-
 CLE DRIVER, UNLESS WAIVED BY SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER.
   2. FOR EACH VIOLATION BY A HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  OF
 SECTION  20-1282  OF THIS CHAPTER THE DEPARTMENT SHALL ORDER THE PAYMENT
 OF BACK PAY TO THE WRONGFULLY DEACTIVATED HIGH-VOLUME  FOR-HIRE  VEHICLE
 DRIVER,  AND SUCH BACK PAY SHALL BE EQUAL TO THE AMOUNT SUCH HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER WOULD HAVE NORMALLY EARNED OR RECEIVED FROM SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE SERVICE DURING THE  PERIOD  OF  A  WRONGFUL
 DEACTIVATION  IF  SUCH  WRONGFUL DEACTIVATION HAD NOT OCCURRED, PROVIDED
 THAT:
   (A) THE DEPARTMENT MAY  SUBTRACT  ANY  ADDITIONAL  AMOUNTS  EARNED  OR
 RECEIVED  BY  SUCH  HIGH-VOLUME  FOR-HIRE VEHICLE DRIVER FROM OTHER WORK
 DURING SUCH PERIOD IN EXCESS OF WHAT SUCH HIGH-VOLUME  FOR-HIRE  VEHICLE
 DRIVER  WOULD  HAVE  NORMALLY EARNED OR RECEIVED FROM OTHER WORK IF SUCH
 DEACTIVATION HAD NOT OCCURRED;
   (B) FOR PURPOSES OF THIS PARAGRAPH, THE AMOUNT A HIGH-VOLUME  FOR-HIRE
 VEHICLE DRIVER WOULD HAVE NORMALLY EARNED OR RECEIVED FROM A HIGH-VOLUME
 FOR-HIRE  VEHICLE  SERVICE  OR  OTHER WORK OVER A PERIOD OF DEACTIVATION
 A. 10101                            3
 
 SHALL BE DETERMINED BASED ON THE AVERAGE DAILY AMOUNT  SUCH  HIGH-VOLUME
 FOR-HIRE  VEHICLE  DRIVER  EARNED OR RECEIVED FROM SUCH HIGH-VOLUME FOR-
 HIRE VEHICLE SERVICE OR SUCH OTHER WORK  OVER  A  REASONABLY  COMPARABLE
 PERIOD;
   (C) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY,
 WHERE  A  VIOLATION  OF  SECTION  20-1282 OF THIS CHAPTER ARISES FROM AN
 ALLEGATION OF EGREGIOUS MISCONDUCT THAT WAS NOT SUBSTANTIATED, BACK  PAY
 SHALL  NOT ACCRUE UNTIL FIFTEEN DAYS AFTER THE DATE OF DEACTIVATION OF A
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER; AND
   (D) THE DEPARTMENT MAY ADJUST THE AMOUNT OF BACK PAY OWED TO  A  HIGH-
 VOLUME  FOR-HIRE  VEHICLE  DRIVER, AS APPROPRIATE, BASED ON A FAILURE BY
 SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER TO MAKE A REASONABLE EFFORT  TO
 MITIGATE  ANY LOSS OF INCOME, PROVIDED THAT A HIGH-VOLUME FOR-HIRE VEHI-
 CLE SERVICE SHALL HAVE THE BURDEN OF PROVING BY A PREPONDERANCE  OF  THE
 EVIDENCE THAT A DRIVER FAILED TO MAKE A REASONABLE EFFORT TO MITIGATE.
   D.  FOR  VIOLATIONS  OF  THIS  CHAPTER,  THE  DEPARTMENT MAY GRANT THE
 FOLLOWING RELIEF TO A HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER  OR  FORMER
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER:
   1.  ALL  COMPENSATORY  DAMAGES  AND OTHER RELIEF REQUIRED TO MAKE SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER OR FORMER HIGH-VOLUME FOR-HIRE VEHI-
 CLE DRIVER WHOLE;
   2. AN ORDER DIRECTING A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE TO COMPLY
 WITH THE REQUIREMENTS SET FORTH IN SUBCHAPTER EIGHT OF THIS CHAPTER;
   3. FOR EACH VIOLATION OF SECTION 20-1204 OF THIS CHAPTER:
   (A) ANY EQUITABLE RELIEF APPROPRIATE UNDER THE CIRCUMSTANCES,  INCLUD-
 ING  RESCISSION  OF  ANY DISCIPLINE ISSUED, REINSTATEMENT OF ANY DEACTI-
 VATED HIGH-VOLUME FOR-HIRE VEHICLE DRIVER, AND PAYMENT OF BACK  PAY  FOR
 ANY  LOSS  OF  PAY OR BENEFITS RESULTING FROM DISCIPLINE OR OTHER ACTION
 TAKEN IN VIOLATION OF SECTION 20-1204 OF THIS CHAPTER;
   (B) FIVE HUNDRED DOLLARS FOR  EACH  VIOLATION  NOT  INVOLVING  DEACTI-
 VATION, AS SUCH TERM IS DEFINED IN SECTION 20-1281 OF THIS CHAPTER; AND
   (C)  TWO  THOUSAND  FIVE  HUNDRED DOLLARS FOR EACH VIOLATION INVOLVING
 DEACTIVATION, AS SUCH TERM IS DEFINED IN SECTION 20-1281 OF  THIS  CHAP-
 TER;
   4.  FIVE HUNDRED DOLLARS FOR EACH VIOLATION OF SECTION 20-1282 OF THIS
 CHAPTER AND RESCISSION OF ANY DISCIPLINE ISSUED, AND ANY OTHER EQUITABLE
 RELIEF AS MAY BE APPROPRIATE;
   5. FIVE HUNDRED DOLLARS FOR EACH VIOLATION  OF  SUBDIVISION  THREE  OF
 SECTION 20-1284 OF THIS CHAPTER;
   6.  FIVE HUNDRED DOLLARS FOR EACH VIOLATION OF SECTION 20-1286 OF THIS
 CHAPTER; AND
   7. FIVE HUNDRED DOLLARS FOR EACH VIOLATION OF SECTION 20-1289 OF  THIS
 CHAPTER.
   e.  The  relief  authorized  by this section shall be imposed on a per
 employee OR HIGH-VOLUME FOR-HIRE VEHICLE DRIVER and per  instance  basis
 for each violation.
   §  6.  Section  20-1209  of the administrative code of the city of New
 York, as added by local law number 107 of the city of New York  for  the
 year 2017, is amended to read as follows:
   §  20-1209  Specific  civil penalties payable to the city. a. For each
 violation of this chapter, EXCEPT FOR ANY VIOLATION OF  SECTION  20-1283
 OF  THIS CHAPTER, an employer OR HIGH-VOLUME FOR-HIRE VEHICLE SERVICE is
 liable for a penalty of $500 for the first violation and, for subsequent
 violations that occur within two years of any previous violation of this
 chapter, up to $750 for the second violation and up to $1,000  for  each
 succeeding violation.
 A. 10101                            4
 
   b.  The penalties imposed pursuant to this section shall be imposed on
 a per employee OR HIGH-VOLUME FOR-HIRE VEHICLE DRIVER and  per  instance
 basis for each violation.
   §  7.  Section  20-1211  of the administrative code of the city of New
 York, as added by local law number 107 of the city of New York  for  the
 year  2017, subdivision a as amended, subdivision c as added, and subdi-
 visions d and e as relettered by local law number 2 of the city  of  New
 York  for the year 2021 and subdivision e as amended by local law number
 80 of the city of New York for the year 2020,  is  amended  to  read  as
 follows:
   §  20-1211  Private cause of action.  a. Claims. Any person, including
 any organization, alleging a violation of the  following  provisions  of
 this  chapter  may  bring  a civil action, in accordance with applicable
 law, in any court of competent jurisdiction:
   1. Section 20-1204;
   2. Section 20-1221;
   3. Subdivisions a and b of section 20-1222;
   4. Section 20-1231;
   5. Subdivisions a, b, d, f and g of section 20-1241;
   6. Section 20-1251;
   7. Subdivisions a and b of section 20-1252; [and]
   8. Section 20-1272;
   9. SECTION 20-1282;
   10. SECTION 20-1283;
   11. SECTION 20-1284;
   12. SECTION 20-1286; AND
   13. SECTION 20-1289.
   b. Remedies. Such court may order compensatory, injunctive and declar-
 atory relief, including the following remedies for  violations  of  this
 chapter:
   1.  Payment  of  schedule  change  premiums  withheld  in violation of
 section 20-1222;
   2. An order directing compliance with the recordkeeping,  information,
 posting  and consent requirements set forth in sections 20-1205, 20-1206
 and 20-1221;
   3. Rescission  of  any  discipline  issued  in  violation  of  section
 20-1204;
   4. Reinstatement of any employee OR HIGH-VOLUME FOR-HIRE VEHICLE DRIV-
 ER terminated in violation of section 20-1204;
   5.  Payment of back pay for any loss of pay or benefits resulting from
 discipline or other action taken in violation of section 20-1204;
   6. Other compensatory damages and any other relief  required  to  make
 the employee OR HIGH-VOLUME FOR-HIRE VEHICLE DRIVER whole; and
   7. Reasonable [attorney's] ATTORNEYS' fees AND COSTS.
   c.  For each violation of section 20-1272, 20-1282, OR 20-1283 OF THIS
 CHAPTER, the court shall order reinstatement or restoration of hours  of
 the  fast  food  employee  OR REINSTATEMENT OR RESTORATION OF THE DRIVER
 PLATFORM ACCESS OF  THE  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER,  unless
 waived by the fast food employee OR HIGH-VOLUME FOR-HIRE VEHICLE DRIVER,
 and  shall  order the fast food employer OR HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE to pay the reasonable attorneys' fees and costs of the fast food
 employee OR  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER.    [The]  FOR  EACH
 VIOLATION  OF SECTION 20-1272 OR 20-1282 OF THIS CHAPTER, THE court may,
 in addition, grant the following relief: $500 [for each  violation],  an
 order directing compliance with section 20-1272 OR 20-1282 OF THIS CHAP-
 TER,  rescission  of  any discipline issued, payment of back pay for any
 A. 10101                            5
 
 loss of pay or benefits resulting from the wrongful discharge OR DEACTI-
 VATION, punitive damages, and any  other  equitable  relief  as  may  be
 appropriate.  FOR EACH VIOLATION OF SECTION 20-1282 OF THIS CHAPTER, THE
 COURT  SHALL ORDER BACK PAY TO BE DETERMINED AS SET OUT IN PARAGRAPH TWO
 OF SUBDIVISION C OF SECTION 20-1208 OF THIS CHAPTER.
   d. Statute of limitations. A civil action under this section shall  be
 commenced  within  two  years of the date the person knew or should have
 known of the alleged violation, EXCEPT THAT FOR A VIOLATION  OF  SECTION
 20-1283  OF  THIS  CHAPTER, A CIVIL ACTION SHALL BE COMMENCED WITHIN ONE
 YEAR AFTER THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF  TWO  THOUSAND
 TWENTY-SIX THAT ADDED SUBCHAPTER EIGHT OF THIS CHAPTER.
   e. Relationship to department action.
   1.  Any person filing a civil action shall simultaneously serve notice
 of such action and a copy of the complaint upon the department.  Failure
 to  so serve a notice does not adversely affect any plaintiff's cause of
 action.
   2. An employee OR HIGH-VOLUME FOR-HIRE VEHICLE DRIVER need not file  a
 complaint  with  the  department  pursuant  to  subdivision b of section
 20-1207 OF THIS CHAPTER before bringing  a  civil  action;  however,  no
 person  shall  file  a  civil  action  after filing a complaint with the
 department BASED ON THE SAME FACTS unless such complaint has been  with-
 drawn or dismissed without prejudice to further action.
   3. No person shall file a complaint with the department after filing a
 civil  action  BASED ON THE SAME FACTS unless such action has been with-
 drawn or dismissed without prejudice to further action.
   4. The commencement or pendency of a civil action by an employee OR  A
 HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER  does not preclude the department
 from investigating the employer  OR  THE  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE,  or  commencing,  prosecuting  or  settling  a case against the
 employer OR THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE based  on  some  or
 all of the same violations.
   §  8.  Paragraphs  1,  2  and  3 of subdivision a and subdivision c of
 section 20-1212 of the administrative code of  the  city  of  New  York,
 paragraphs  1, 2 and 3 of subdivision a as amended by local law number 2
 of the city of New York for the year 2021 and subdivision c as added  by
 local  law  number  107  of  the city of New York for the year 2017, are
 amended to read as follows:
   1. Where reasonable cause exists to believe that an employer OR  HIGH-
 VOLUME  FOR-HIRE  VEHICLE SERVICE is engaged in a pattern or practice of
 violations of this chapter, the corporation counsel may commence a civil
 action on behalf of the city in a court of competent jurisdiction.
   2. The corporation counsel shall commence  such  action  by  filing  a
 complaint  setting  forth facts relating to such pattern or practice and
 requesting relief, which may  include  injunctive  relief,  relief  [for
 employees] set forth in section 20-1208 OF THIS CHAPTER, civil penalties
 set  forth in section 20-1209 OF THIS CHAPTER, and any other appropriate
 relief.
   3. Such action may be commenced only by  the  corporation  counsel  or
 such other persons designated by the corporation counsel.
   c.  Civil  penalty. In any civil action commenced pursuant to subdivi-
 sion a of this section, the trier of fact may impose [a]  AN  ADDITIONAL
 civil penalty of not more than $15,000 for a finding that an employer OR
 HIGH-VOLUME  FOR-HIRE  VEHICLE SERVICE has engaged in a pattern or prac-
 tice of violations of this chapter. Any civil penalty so recovered shall
 be paid into the general fund of the city.
 A. 10101                            6
 
   § 9. Chapter 12 of title 20 of the administrative code of the city  of
 New York is amended by adding a new subchapter 8 to read as follows:
                                SUBCHAPTER 8
           WRONGFUL DEACTIVATION OF HIGH-VOLUME FOR-HIRE VEHICLE
                                  DRIVERS
   § 20-1281 DEFINITIONS. AS USED IN THIS SUBCHAPTER, THE FOLLOWING TERMS
 HAVE THE FOLLOWING MEANINGS:
   1.  "ACCOUNT SHARING" MEANS PERMITTING ANOTHER PERSON TO USE THE HIGH-
 VOLUME FOR-HIRE VEHICLE DRIVER'S TAXI AND LIMOUSINE COMMISSION  DRIVER'S
 LICENSE,  TECHNOLOGY  SYSTEM LOGIN CREDENTIALS, OR DRIVER PLATFORM LOGIN
 CREDENTIALS, WHILE PERFORMING DRIVING SERVICES FOR  A  HIGH-VOLUME  FOR-
 HIRE VEHICLE SERVICE.
   2.  "DEACTIVATION"  MEANS:  (A)  AN INDEFINITE OR PERMANENT DISCHARGE,
 TERMINATION, OR LAYOFF OF A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER; OR  (B)
 A  REVOCATION  OR RESTRICTION OF A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S
 AUTHORIZATION TO ACCEPT TRIPS  ON  A  DRIVER  PLATFORM  THAT  IS  EITHER
 CONTINUOUSLY  IN  EFFECT  FOR  AT LEAST SEVENTY-TWO HOURS OR CONSISTS OF
 MULTIPLE PERIODS OF REVOCATION OR RESTRICTION THAT TOTAL  AT  LEAST  ONE
 HUNDRED SIXTY-EIGHT HOURS WITHIN A ONE-YEAR PERIOD.
   3.  "DRIVER  PLATFORM"  MEANS  THE  DRIVER-FACING APPLICATION OR OTHER
 APPLICATION, SERVICE, WEBSITE, OR SYSTEM USED BY A HIGH-VOLUME  FOR-HIRE
 VEHICLE   DRIVER   BY  WHICH  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE
 DISPATCHES OR FACILITATES THE DISPATCHING OF  PASSENGER  TRIPS  TO  SUCH
 DRIVER FOR COMPENSATION.
   4.  "DRIVING  PERFORMANCE DATA" MEANS ANY DATA REGARDING A HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER'S OPERATION OF A  FOR-HIRE  VEHICLE,  INCLUDING,
 BUT  NOT LIMITED TO, DATA RECORDING A HIGH-VOLUME FOR-HIRE VEHICLE DRIV-
 ER'S RATES OF ACCELERATION, DECELERATION,  BRAKING,  SPEED,  ROAD  MOVE-
 MENTS, OR ANY OTHER ELECTRONIC MONITORING OF DRIVING PERFORMANCE.
   5.  "EGREGIOUS  MISCONDUCT"  MEANS  (A) CONDUCT THAT POSES AN IMMINENT
 DANGER TO OTHER PERSONS, INCLUDING BUT NOT LIMITED TO VIOLENCE,  THREATS
 TO  ENGAGE  IN  VIOLENCE,  SEXUAL  HARASSMENT,  OR SEXUAL ASSAULT OR (B)
 DISCRIMINATION IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAW.
   6. "HIGH-VOLUME FOR-HIRE VEHICLE DRIVER" MEANS A DRIVER  WHO  PERFORMS
 DRIVING  SERVICES  FOR  A  HIGH-VOLUME  FOR-HIRE VEHICLE SERVICE, OR WHO
 PERFORMS DRIVING SERVICES FOR A THIRD-PARTY AS A RESULT OF  RECEIVING  A
 DISPATCH OR REFERRAL FROM A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE.
   7.  "HIGH-VOLUME FOR-HIRE VEHICLE SERVICE" HAS THE SAME MEANING AS SET
 FORTH IN SUBDIVISION GG OF SECTION 19-502 OF THIS CODE.
   8. "JUST CAUSE" MEANS THAT THE  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER
 ENGAGED  IN EGREGIOUS MISCONDUCT, FAILED TO SATISFACTORILY PERFORM THEIR
 JOB DUTIES, OR ENGAGED IN ANY OTHER MISCONDUCT THAT IS DEMONSTRABLY  AND
 MATERIALLY HARMFUL TO THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S LEGITI-
 MATE BUSINESS INTERESTS.
   9.  "PRIOR DEACTIVATION" MEANS A DEACTIVATION THAT OCCURRED DURING THE
 SEVEN YEARS PRIOR TO THE EFFECTIVE DATE OF THIS SUBCHAPTER.
   10. "PROBATION PERIOD" MEANS A PERIOD OF THIRTY CALENDAR  DAYS  BEGIN-
 NING  ON  THE  FIRST  DATE  THAT  A  HIGH-VOLUME FOR-HIRE VEHICLE DRIVER
 PERFORMS DRIVING SERVICES FOR A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE.
   11. "PROGRESSIVE DISCIPLINE" MEANS A DISCIPLINARY SYSTEM THAT PROVIDES
 FOR A GRADUATED RANGE OF REASONABLE DISCIPLINARY MEASURES, INCLUDING BUT
 NOT LIMITED TO WARNINGS AND FURTHER TRAINING REQUIREMENTS,  IN  RESPONSE
 TO  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER'S MISCONDUCT OR FAILURE TO
 SATISFACTORILY PERFORM JOB DUTIES FOR  A  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE,  WITH  THE  TYPE  OF  DISCIPLINARY MEASURE VARYING BASED ON THE
 FREQUENCY AND DEGREE OF SUCH MISCONDUCT OR FAILURE.
 A. 10101                            7

   § 20-1282 PROHIBITION ON WRONGFUL DEACTIVATION. 1. A HIGH-VOLUME  FOR-
 HIRE VEHICLE SERVICE SHALL NOT DEACTIVATE A HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER AFTER SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S PROBATION PERIOD
 WITH  SUCH  SERVICE  EXCEPT  FOR  JUST  CAUSE,  FOR A BONA FIDE ECONOMIC
 REASON,  AS  DESCRIBED  IN  SECTION 20-1284 OF THIS SUBCHAPTER, OR WHERE
 FEDERAL, STATE, OR LOCAL LAW OR RULE REQUIRES SUCH HIGH-VOLUME  FOR-HIRE
 VEHICLE SERVICE TO DEACTIVATE SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER.
   2.  IN  DETERMINING WHETHER A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE HAS
 DEACTIVATED A HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER  FOR  JUST  CAUSE,  A
 FACT-FINDER  SHALL  CONSIDER, IN ADDITION TO ANY OTHER RELEVANT FACTORS,
 WHETHER:
   (A) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER KNEW OR SHOULD HAVE KNOWN
 OF SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE, OR PRACTICE
 THAT FORMS A BASIS FOR PROGRESSIVE DISCIPLINE OR SUCH  DEACTIVATION  AND
 KNEW OR SHOULD HAVE KNOWN OF THE POTENTIAL CONSEQUENCES FOR VIOLATION OF
 SUCH POLICY, RULE, OR PRACTICE;
   (B) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE, OR PRAC-
 TICE  THAT FORMS A BASIS FOR PROGRESSIVE DISCIPLINE OR SUCH DEACTIVATION
 IS REASONABLY RELATED TO SAFE AND EFFICIENT HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE OPERATIONS;
   (C) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE  PROVIDED  RELEVANT  AND
 ADEQUATE TRAINING TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER;
   (D)  SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE OR PRAC-
 TICE THAT FORMS A BASIS FOR SUCH DEACTIVATION, INCLUDING THE UTILIZATION
 OF PROGRESSIVE DISCIPLINE, WAS REASONABLE AND APPLIED CONSISTENTLY;
   (E) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE  UNDERTOOK  A  FAIR  AND
 OBJECTIVE  INVESTIGATION  INTO THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S
 JOB PERFORMANCE AS WELL AS THEIR MISCONDUCT OR FAILURE TO SATISFACTORILY
 PERFORM JOB DUTIES;
   (F) SUCH DEACTIVATION IS A REASONABLE  RESPONSE  TO  SUCH  HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER'S JOB PERFORMANCE AS WELL AS THEIR MISCONDUCT OR
 FAILURE  TO SATISFACTORILY PERFORM JOB DUTIES AND ACCOUNTS FOR ANY MITI-
 GATING CIRCUMSTANCES, INCLUDING BUT  NOT  LIMITED  TO  SUCH  HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER'S PAST WORK HISTORY; AND
   (G) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER VIOLATED THE POLICY, RULE
 OR  PRACTICE  OR  ENGAGED IN ANY MISCONDUCT OR FAILURE TO SATISFACTORILY
 PERFORM JOB DUTIES THAT FORMS A BASIS FOR PROGRESSIVE DISCIPLINE OR SUCH
 DEACTIVATION.
   3. EXCEPT WHERE DEACTIVATION IS FOR ALLEGED  EGREGIOUS  MISCONDUCT,  A
 DEACTIVATION  OF  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER SHALL NOT BE
 CONSIDERED BASED ON JUST CAUSE UNLESS  A  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE DEMONSTRATES THAT:
   (A) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE HAS UTILIZED PROGRESSIVE
 DISCIPLINE;  PROVIDED,  HOWEVER,  THAT SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE MAY NOT RELY ON PROGRESSIVE DISCIPLINE ISSUED MORE THAN ONE YEAR
 BEFORE SUCH DEACTIVATION; AND
   (B) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE HAD A WRITTEN POLICY  ON
 PROGRESSIVE DISCIPLINE THAT WAS IN EFFECT AND WAS PROVIDED TO SUCH HIGH-
 VOLUME FOR-HIRE VEHICLE DRIVER.
   4.  A  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL PROVIDE THE HIGH-VO-
 LUME FOR-HIRE VEHICLE DRIVER WITH NOTICE OF  AN  IMPENDENT  DEACTIVATION
 FOURTEEN  DAYS IN ADVANCE OF THE IMPENDING DEACTIVATION, EXCEPT THAT (A)
 WHERE A DEACTIVATION OF A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER IS  FOR  A
 BONA  FIDE  ECONOMIC  REASON,  AS  DESCRIBED  IN SECTION 20-1284 OF THIS
 SUBCHAPTER, A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL PROVIDE,  IN  A
 FORM  AND  MANNER  DESIGNATED  BY  THE  DEPARTMENT, AN ADVANCE NOTICE OF
 A. 10101                            8
 
 LAYOFF TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER AT LEAST ONE  HUNDRED
 TWENTY  DAYS  PRIOR  TO SUCH DEACTIVATION, AND (B) ADVANCE NOTICE IS NOT
 REQUIRED WHERE A DEACTIVATION IS FOR EGREGIOUS MISCONDUCT, ACCOUNT SHAR-
 ING,  OR  IF  THERE  IS  A PATTERN OF REPEATED FRAUDULENT BEHAVIOR. SUCH
 ADVANCE NOTICE SHALL STATE ALL THE PRECISE AND DETAILED REASONS FOR  AND
 THE EFFECTIVE DATE OF SUCH DEACTIVATION.
   5. SUCH ADVANCE NOTICE SHALL INCLUDE INFORMATION ABOUT: (A) SUCH HIGH-
 VOLUME FOR-HIRE VEHICLE DRIVER'S RIGHT TO CHALLENGE SUCH DEACTIVATION AS
 UNLAWFUL  PURSUANT TO THIS SUBCHAPTER; (B) HOW SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER MAY INITIATE AN INFORMAL  RESOLUTION  PROCESS  WITH  SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE SERVICE PURSUANT TO SECTION 20-1287 OF THIS
 SUBCHAPTER;  (C)  THE  OPPORTUNITY FOR SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER TO SUBMIT EVIDENCE TO SUBSTANTIATE A CHALLENGE  TO  SUCH  DEACTI-
 VATION;  (D)  SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S RIGHT TO FILE A
 COMPLAINT WITH THE DEPARTMENT, OR INITIATE A  PRIVATE  ACTION;  AND  (E)
 ELIGIBLE  HIGH-VOLUME  FOR-HIRE  VEHICLE DRIVERS' RIGHTS TO ACCESS UNEM-
 PLOYMENT INSURANCE.
   6. WITHIN FIVE DAYS AFTER DEACTIVATING A HIGH-VOLUME FOR-HIRE  VEHICLE
 DRIVER  FOR  EGREGIOUS  MISCONDUCT,  ACCOUNT  SHARING,  OR IF THERE IS A
 PATTERN OF REPEATED FRAUDULENT BEHAVIOR, A HIGH-VOLUME FOR-HIRE  VEHICLE
 SERVICE  SHALL  PROVIDE,  IN A FORM AND MANNER DESIGNATED BY THE DEPART-
 MENT, A NOTICE OF DEACTIVATION  TO  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE
 DRIVER  WHICH  CONTAINS  A  WRITTEN  EXPLANATION  OF ALL THE PRECISE AND
 DETAILED REASONS FOR SUCH DEACTIVATION AND THE EFFECTIVE  DATE  OF  SUCH
 DEACTIVATION.  SUCH  NOTICE  SHALL  INCLUDE  INFORMATION ABOUT: (A) SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S RIGHT TO  CHALLENGE  SUCH  DEACTI-
 VATION AS UNLAWFUL PURSUANT TO THIS SUBCHAPTER; (B) HOW SUCH HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER MAY INITIATE AN INFORMAL RESOLUTION PROCESS WITH
 SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE PURSUANT TO SECTION 20-1287 OF
 THIS SUBCHAPTER; (C) THE OPPORTUNITY FOR SUCH HIGH-VOLUME FOR-HIRE VEHI-
 CLE  DRIVER TO SUBMIT EVIDENCE TO SUBSTANTIATE A CHALLENGE TO SUCH DEAC-
 TIVATION; (D) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S RIGHT TO FILE A
 COMPLAINT WITH THE DEPARTMENT, OR INITIATE A  PRIVATE  ACTION;  AND  (E)
 ELIGIBLE  HIGH-VOLUME  FOR-HIRE  VEHICLE DRIVERS' RIGHTS TO ACCESS UNEM-
 PLOYMENT INSURANCE.
   7. THIS SECTION SHALL NOT APPLY  TO  ANY  DEACTIVATION  THAT  OCCURRED
 PRIOR TO THE EFFECTIVE DATE OF THIS SUBCHAPTER.
   § 20-1283 PRIOR  DEACTIVATIONS. 1. WITHIN ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SUBCHAPTER, A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER  WHO  WAS
 SUBJECT  TO  A  PRIOR  DEACTIVATION  BY  A  HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE MAY PETITION SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE FOR REIN-
 STATEMENT OR RESTORATION OF ACCESS TO SUCH HIGH-VOLUME FOR-HIRE  VEHICLE
 SERVICE'S  DRIVER  PLATFORM.  WITHIN  THIRTY  DAYS AFTER RECEIPT OF SUCH
 PETITION, SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL  REINSTATE  OR
 RESTORE SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S ACCESS TO SUCH DRIVER
 PLATFORM,  UNLESS  SUCH PRIOR DEACTIVATION OCCURRED DURING THE PROBATION
 PERIOD OR WAS FOR JUST CAUSE,  FOR  A  BONA  FIDE  ECONOMIC  REASON,  AS
 DESCRIBED IN SECTION 20-1284 OF THIS SUBCHAPTER, OR REQUIRED BY FEDERAL,
 STATE, OR LOCAL LAW OR RULE.
   2.  IN  DETERMINING WHETHER A PRIOR DEACTIVATION OF A HIGH-VOLUME FOR-
 HIRE VEHICLE DRIVER BY A HIGH-VOLUME FOR-HIRE VEHICLE  SERVICE  WAS  FOR
 JUST CAUSE, A FACT-FINDER SHALL CONSIDER, IN ADDITION TO ANY OTHER RELE-
 VANT FACTORS, WHETHER:
   (A) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER KNEW OR SHOULD HAVE KNOWN
 OF SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE, OR PRACTICE
 THAT  FORMED A BASIS FOR SUCH PRIOR DEACTIVATION AND KNEW OR SHOULD HAVE
 A. 10101                            9
 
 KNOWN OF THE POTENTIAL CONSEQUENCES FOR VIOLATION OF SUCH  POLICY,  RULE
 OR PRACTICE;
   (B) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE, OR PRAC-
 TICE  THAT  FORMED  A  BASIS  FOR SUCH PRIOR DEACTIVATION WAS REASONABLY
 RELATED TO SAFE AND EFFICIENT HIGH-VOLUME FOR-HIRE VEHICLE SERVICE OPER-
 ATIONS;
   (C) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE OR  PRAC-
 TICE  THAT FORMED A BASIS FOR SUCH PRIOR DEACTIVATION WAS REASONABLE AND
 APPLIED CONSISTENTLY;
   (D) SUCH PRIOR DEACTIVATION WAS A REASONABLE RESPONSE TO SUCH HIGH-VO-
 LUME FOR-HIRE VEHICLE DRIVER'S JOB PERFORMANCE AS WELL AS THEIR  MISCON-
 DUCT  OR  FAILURE TO SATISFACTORILY PERFORM JOB DUTIES AND ACCOUNTED FOR
 ANY MITIGATING CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, SUCH  HIGH-
 VOLUME FOR-HIRE VEHICLE DRIVER'S PAST WORK HISTORY;
   (E)  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER VIOLATED THE POLICY,
 RULE, OR PRACTICE OR COMMITTED THE MISCONDUCT OR  FAILURE  TO  SATISFAC-
 TORILY  PERFORM  JOB  DUTIES  THAT FORMED A BASIS FOR SUCH PRIOR DEACTI-
 VATION; AND
   (F) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE CONSIDERED ANY  EXCULPA-
 TORY  EVIDENCE  OR OTHER FACTS INDICATING THAT SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE  DRIVER  DID  NOT  VIOLATE  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE'S POLICY, RULE OR PRACTICE.
   3.  IF  A  HIGH-VOLUME  FOR-HIRE VEHICLE SERVICE DOES NOT REINSTATE OR
 RESTORE ACCESS OF A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WHO WAS  SUBJECT
 TO  A  PRIOR DEACTIVATION TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S
 DRIVER PLATFORM WITHIN THIRTY DAYS AFTER RECEIPT OF A PETITION  PURSUANT
 TO  SUBDIVISION  ONE  OF THIS SECTION, SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE SHALL PROVIDE A WRITTEN EXPLANATION, IN A FORM AND MANNER DESIG-
 NATED BY THE DEPARTMENT, TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER  OF
 ALL  THE  PRECISE AND DETAILED REASONS FOR SUCH PRIOR DEACTIVATION. SUCH
 WRITTEN EXPLANATION SHALL INCLUDE INFORMATION ABOUT: (A)  SUCH  HIGH-VO-
 LUME  FOR-HIRE  VEHICLE  DRIVER'S  RIGHT TO CHALLENGE SUCH PRIOR DEACTI-
 VATION AS UNLAWFUL PURSUANT TO THIS SUBCHAPTER; (B) HOW SUCH HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER MAY INITIATE AN INFORMAL RESOLUTION PROCESS WITH
 THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE PURSUANT TO SECTION 20-1287  OF
 THIS  SUBCHAPTER; (C) THE OPPORTUNITY OF SUCH HIGH-VOLUME FOR-HIRE VEHI-
 CLE DRIVER TO SUBMIT EVIDENCE TO SUBSTANTIATE A CHALLENGE TO SUCH  PRIOR
 DEACTIVATION;  (D)  SUCH  HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S RIGHT TO
 FILE A COMPLAINT WITH THE DEPARTMENT, OR INITIATE A PRIVATE ACTION;  AND
 (E) HOW A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER MAY APPLY FOR UNEMPLOYMENT
 BENEFITS.
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A HIGH-VOLUME
 FOR-HIRE VEHICLE SERVICE MAY DECLINE TO IMMEDIATELY REINSTATE OR RESTORE
 ACCESS TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S DRIVER PLATFORM TO
 A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WHOSE ACCESS  IS  REQUIRED  TO  BE
 REINSTATED  OR  RESTORED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION IF
 SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE IS  NOT  PROVIDING  ACCESS  TO
 SUCH DRIVER PLATFORM TO ANY NEW HIGH-VOLUME FOR-HIRE VEHICLE DRIVER, AND
 HAS NOT PROVIDED SUCH ACCESS DURING THE THREE MONTHS PRIOR TO THE EFFEC-
 TIVE  DATE  OF  THIS SUBCHAPTER. WHERE SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE DECLINES TO IMMEDIATELY REINSTATE  OR  RESTORE  ACCESS  TO  SUCH
 DRIVER  PLATFORM PURSUANT TO THIS SUBDIVISION, SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE SERVICE SHALL MAINTAIN A WAITLIST OF HIGH-VOLUME FOR-HIRE  VEHI-
 CLE DRIVERS WHOSE ACCESS TO SUCH DRIVER PLATFORM IS REQUIRED TO BE REIN-
 STATED OR RESTORED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND REIN-
 STATE  OR  RESTORE  SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS' ACCESS TO
 A. 10101                           10
 
 SUCH DRIVER PLATFORM, IN THE ORDER IN WHICH  SUCH  HIGH-VOLUME  FOR-HIRE
 VEHICLE  DRIVERS  WERE  PLACED  ON SUCH WAITLIST, PROVIDED THAT ANY SUCH
 DRIVER MEETS THE MINIMUM REQUIREMENTS THAT APPLY TO ALL CURRENT HIGH-VO-
 LUME  FOR-HIRE  VEHICLE  DRIVERS  FOR  SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE, PRIOR TO PROVIDING ANY OTHER NEW HIGH-VOLUME  FOR-HIRE  VEHICLE
 DRIVER ACCESS TO SUCH DRIVER PLATFORM.
   § 20-1284 BONA  FIDE  ECONOMIC REASONS. 1. A DEACTIVATION, INCLUDING A
 PRIOR DEACTIVATION, SHALL NOT BE CONSIDERED BASED ON A BONA FIDE ECONOM-
 IC REASON UNLESS SUPPORTED BY A HIGH-VOLUME FOR-HIRE  VEHICLE  SERVICE'S
 BUSINESS RECORDS DEMONSTRATING THAT SUCH DEACTIVATION IS IN RESPONSE TO:
 (A)  A  PROPORTIONATE  REDUCTION IN VOLUME OF SALES OR PROFIT WITHIN THE
 FISCAL QUARTER PRIOR TO THE ISSUANCE OF A NOTICE OF LAYOFF  REQUIRED  BY
 SUBDIVISION  FOUR  OF SECTION 20-1282 OF THIS SUBCHAPTER; OR (B) A HIGH-
 VOLUME FOR-HIRE VEHICLE SERVICE DISCONTINUING ITS  DRIVING  SERVICES  IN
 THE CITY.
   2.  (A) DEACTIVATIONS OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS BASED ON
 A BONA FIDE ECONOMIC REASON SHALL BE DONE IN REVERSE ORDER OF SENIORITY,
 SO THAT HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WITH THE GREATEST SENIORITY
 SHALL BE RETAINED THE LONGEST AND REINSTATED OR RESTORED ACCESS  TO  THE
 DRIVER PLATFORM FIRST.
   (B)  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  SHALL MAKE REASONABLE
 EFFORTS TO OFFER REINSTATEMENT OR RESTORATION OF ACCESS TO SUCH HIGH-VO-
 LUME FOR-HIRE VEHICLE SERVICE'S DRIVER PLATFORM TO ANY HIGH-VOLUME  FOR-
 HIRE  VEHICLE  DRIVER  DEACTIVATED  BY SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE BASED ON A BONA FIDE ECONOMIC REASON WITHIN THE  PREVIOUS  THREE
 YEARS,  IF  ANY,  BEFORE  SUCH  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE MAY
 PROVIDE ANY OTHER NEW HIGH-VOLUME FOR-HIRE VEHICLE DRIVER ACCESS TO SUCH
 DRIVER PLATFORM.
   (C) THIS SUBDIVISION SHALL APPLY ONLY TO DEACTIVATIONS THAT  OCCUR  ON
 OR AFTER THE EFFECTIVE DATE OF THIS SUBCHAPTER.
   § 20-1285 BURDEN  OF  PROOF; EVIDENCE. 1. IN ANY PROCEEDING ALLEGING A
 VIOLATION BY A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE OF  SECTION  20-1282
 OR SECTION 20-1283 OF THIS SUBCHAPTER, SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE  SHALL  BEAR  THE  BURDEN  OF PROVING JUST CAUSE AND A BONA FIDE
 ECONOMIC REASON PURSUANT TO SECTION 20-1282 OR 20-1283 OF THIS  SUBCHAP-
 TER BY A PREPONDERANCE OF THE EVIDENCE, SUBJECT TO THE RULES OF EVIDENCE
 AS  SET  FORTH IN THE CIVIL PRACTICE LAW AND RULES OR, WHERE APPLICABLE,
 THE COMMON LAW.
   2. IN DETERMINING WHETHER A HIGH-VOLUME FOR-HIRE VEHICLE  SERVICE  HAD
 JUST  CAUSE  FOR  A  DEACTIVATION,  A  FACT-FINDER  MAY NOT CONSIDER ANY
 REASONS PROFFERED  BY  THE  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  NOT
 INCLUDED  IN THE NOTICE OF DEACTIVATION PROVIDED TO THE HIGH-VOLUME FOR-
 HIRE VEHICLE DRIVER PURSUANT TO SUBDIVISION FIVE OF SECTION  20-1282  OF
 THIS  SUBCHAPTER  OR THE WRITTEN EXPLANATION PROVIDED TO THE HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER PURSUANT TO SUBDIVISION THREE OF SECTION 20-1283
 OF THIS SUBCHAPTER.
   3. WHEN DETERMINING DAMAGES, THE FACT-FINDER MAY TAKE INTO ACCOUNT ANY
 EVIDENCE THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER SUBMITTED  PURSUANT  TO
 SUBDIVISION  FOUR  OR  FIVE  OF  SECTION  20-1282,  SUBDIVISION THREE OF
 SECTION 20-1283, OR SECTION 20-1287 OF THIS  SUBCHAPTER,  THAT  WAS  NOT
 TIMELY OR DULY CONSIDERED BY THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE.
   4.  A  HIGH-VOLUME  FOR-HIRE VEHICLE DRIVER MAY SUBMIT EVIDENCE IN ANY
 PROCEEDING ALLEGING A VIOLATION OF THIS SUBCHAPTER THAT WAS NOT PROVIDED
 TO THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE PURSUANT TO SUBDIVISION FOUR
 OR FIVE OF SECTION 20-1282, SUBDIVISION THREE  OF  SECTION  20-1283,  OR
 SECTION  20-1287  OF THIS SUBCHAPTER AND NO NEGATIVE INFERENCE OR CONSE-
 A. 10101                           11
 
 QUENCE SHALL APPLY TO A HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER'S  DECISION
 NOT TO SUBMIT EVIDENCE PURSUANT TO THESE PROVISIONS.
   § 20-1286 PROVISION OF DATA. 1. UPON THE ISSUANCE OF A NOTICE OF DEAC-
 TIVATION  REQUIRED  PURSUANT  TO  SUBDIVISION FIVE OF SECTION 20-1282 OF
 THIS SUBCHAPTER, A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL PROVIDE  A
 DEACTIVATED  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER WITH INFORMATION AND
 DATA RELEVANT TO SUCH HIGH-VOLUME FOR-HIRE DRIVER'S  DEACTIVATION.  SUCH
 INFORMATION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A)  DRIVING  PERFORMANCE  DATA  SPECIFIC TO SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER;
   (B) ALL CUSTOMER COMMENTS, RATINGS, AND COMPLAINTS RECEIVED  REGARDING
 THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER; AND
   (C)  ANONYMIZED  AND  AGGREGATED  REPORTS,  COVERING THE TWELVE MONTHS
 PRIOR  TO  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER'S  DEACTIVATION,
 REGARDING  DISCIPLINE,  INCLUDING DEACTIVATION, IMPOSED BY SUCH HIGH-VO-
 LUME FOR-HIRE VEHICLE SERVICE ON ANY OTHER HIGH-VOLUME FOR-HIRE  VEHICLE
 DRIVERS  WHO  ENGAGED  IN  THE  SAME OR SIMILAR MISCONDUCT OR FAILURE TO
 SATISFACTORILY PERFORM JOB DUTIES FORMING A BASIS FOR  THE  DEACTIVATION
 OF THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER SUBJECT TO SUCH NOTICE.
   2. THE INFORMATION OR DATA REQUIRED BY SUBDIVISION ONE OF THIS SECTION
 SHALL  BE  REDACTED TO REMOVE THE PERSONALLY IDENTIFIABLE INFORMATION OF
 PASSENGERS. THIS REQUIREMENT DOES NOT APPLY  TO  ANY  INDEPENDENT  OBLI-
 GATION  TO  PRODUCE  INFORMATION,  INCLUDING  BUT  NOT  LIMITED  TO  ANY
 PRODUCTION OF INFORMATION REQUIRED AS PART OF AN ADJUDICATORY HEARING.
   3. UPON THE ISSUANCE OF THE NOTICE REQUIRED  PURSUANT  TO  SUBDIVISION
 THREE  OF  SECTION  20-1283  OF  THIS SUBCHAPTER, A HIGH-VOLUME FOR-HIRE
 VEHICLE SERVICE SHALL PROVIDE A DEACTIVATED HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER WITH INFORMATION AND DATA RELEVANT TO SUCH  HIGH-VOLUME  FOR-HIRE
 DRIVER'S DEACTIVATION, INCLUDING ALL INFORMATION REQUIRED UNDER SUBDIVI-
 SION  ONE OF THIS SECTION, TO THE EXTENT THAT SUCH INFORMATION IS AVAIL-
 ABLE TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE.
   4. FOR AT LEAST SIX YEARS AFTER DEACTIVATING  A  HIGH-VOLUME  FOR-HIRE
 VEHICLE DRIVER, A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL CONTINUE TO
 PROVIDE  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER WITH ACCESS TO ALL
 INFORMATION AND DATA CONCERNING SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER
 THAT SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER HAD  ACCESS  TO  PRIOR  TO
 DEACTIVATION,  INCLUDING  BUT  NOT  LIMITED TO SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER'S TAX AND PAYMENT RECORDS.
   § 20-1287 INFORMAL RESOLUTION PROCESS. 1. A HIGH-VOLUME FOR-HIRE VEHI-
 CLE SERVICE SHALL MAINTAIN AN EMAIL ADDRESS, WEBSITE, OR OTHER  FORM  OF
 ELECTRONIC  COMMUNICATION  THROUGH  WHICH A HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER OR THEIR REPRESENTATIVE MAY CHALLENGE SUCH  HIGH-VOLUME  FOR-HIRE
 VEHICLE  DRIVER'S DEACTIVATION, PRIOR DEACTIVATION, OR IMPENDING DEACTI-
 VATION FOR WHICH SUCH HIGH-VOLUME FOR-HIRE  VEHICLE  DRIVER  RECEIVED  A
 NOTICE  OF  LAYOFF  PURSUANT  TO SUBDIVISION FOUR OF SECTION 20-1282, AS
 UNLAWFUL PURSUANT TO THIS SUBCHAPTER.  SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE SHALL PROVIDE SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER AN OPPOR-
 TUNITY TO SUBMIT EVIDENCE TO SUBSTANTIATE ANY SUCH CHALLENGE AND  ACCEPT
 WRITTEN COMMUNICATIONS PURSUANT TO THIS SECTION IN THE LANGUAGE IN WHICH
 THEY ARE WRITTEN.
   2.  A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER MAY SEEK INFORMAL RESOLUTION
 OF A DEACTIVATION OF SUCH HIGH-VOLUME FOR-HIRE  VEHICLE  DRIVER,  OR  AN
 IMPENDING DEACTIVATION FOR WHICH SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIV-
 ER  RECEIVES  A NOTICE OF LAYOFF PURSUANT TO SUBDIVISION FOUR OF SECTION
 20-1282 OF THIS SUBCHAPTER, BY A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE BY
 INITIATING, AN INFORMAL RESOLUTION PROCESS THROUGH  THE  EMAIL  ADDRESS,
 A. 10101                           12
 
 WEBSITE,  OR  OTHER  FORM OF ELECTRONIC COMMUNICATION MAINTAINED BY SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE SERVICE PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION, OR THROUGH ANY OTHER MEANS THAT SUCH HIGH-VOLUME FOR-HIRE VEHI-
 CLE  DRIVER AND SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE AGREE TO.  THE
 PARTIES SHALL HAVE FIFTEEN DAYS AFTER COMMENCING  SUCH  INFORMAL  RESOL-
 UTION  PROCESS  TO  REACH A RESOLUTION, UNLESS SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER AND SUCH HIGH-VOLUME FOR-HIRE  VEHICLE  SERVICE  MUTUALLY
 AGREE TO A LONGER TIMEFRAME. IF THE PARTIES RESOLVE A CHALLENGE PURSUANT
 TO THIS SUBDIVISION, THEY SHALL MEMORIALIZE SUCH RESOLUTION IN A WRITTEN
 AGREEMENT, ON A FORM PROVIDED BY THE DEPARTMENT.
   3.  THE  HIGH-VOLUME  FOR-HIRE  VEHICLE SERVICE'S FAILURE TO ENGAGE IN
 GOOD FAITH WITH THE INFORMAL RESOLUTION PROCESS  SHALL  BE  A  VIOLATION
 SUBJECT  TO  A  CIVIL PENALTY UNDER SECTION 20-1209 OF THIS CHAPTER, BUT
 SUCH VIOLATION SHALL NOT BE SUBJECT TO ENFORCEMENT PURSUANT TO  SECTIONS
 20-1207, 20-1208, 20-1210, 20-1211 AND 20-1212 OF THIS CHAPTER.
   4.  AFTER  RECEIVING  A  COMPLAINT PURSUANT TO SECTION 20-1207 OF THIS
 CHAPTER ALLEGING A VIOLATION OF  SECTION  20-1282  OR  20-1283  OF  THIS
 SUBCHAPTER, THE DEPARTMENT SHALL NOTIFY THE HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER  OR SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S REPRESENTATIVE AND
 THE HIGH-VOLUME FOR-HIRE VEHICLE  SERVICE  THAT  THEY  MAY  RESOLVE  THE
 COMPLAINT  THROUGH  AN  INFORMAL  RESOLUTION  PROCESS  PURSUANT  TO THIS
 SECTION.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE  CONTRA-
 RY,  THE  DEPARTMENT  SHALL  NOT  PROCEED  WITH  ITS  INVESTIGATION OF A
 COMPLAINT FILED PURSUANT TO SECTION 20-1207 OF THIS CHAPTER  ALLEGING  A
 VIOLATION  OF  SECTION  20-1282 OR 20-1283 OF THIS SUBCHAPTER UNLESS (A)
 THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER  OR  SUCH  HIGH-VOLUME  FOR-HIRE
 VEHICLE  DRIVER'S  REPRESENTATIVE  AND  THE HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE FAIL TO REACH A RESOLUTION WITHIN FIFTEEN DAYS  AFTER  COMMENCE-
 MENT  OF AN INFORMAL RESOLUTION PROCESS PURSUANT TO THIS SECTION, OR (B)
 THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER HAS OPTED OUT  OF  THE  INFORMAL
 RESOLUTION PROCESS PURSUANT TO THIS SECTION, IN A FORM AND MANNER SPECI-
 FIED BY THE DEPARTMENT.
   § 20-1288 REPORTING;  RECORDS;  INFORMATION. 1. NO LESS THAN ANNUALLY,
 THE DEPARTMENT SHALL MAKE AVAILABLE ON THE CITY'S WEBSITE  A  REPORT  ON
 DEACTIVATIONS  AND ALLEGED VIOLATIONS OF SECTIONS 20-1282 AND 20-1283 OF
 THIS SUBCHAPTER DURING THE PRECEDING CALENDAR YEAR. THE DEPARTMENT SHALL
 PROMULGATE RULES REQUIRING THAT HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICES
 PRODUCE  ANONYMIZED,  AGGREGATED  DATA NECESSARY TO PREPARE SUCH REPORT.
 SUCH REPORT SHALL INCLUDE,  WITH  RESPECT  TO  THE  YEAR  PRECEDING  THE
 RELEASE  OF  SUCH REPORT: (A) THE NUMBER OF HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVERS EACH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE DEACTIVATED  FOR  JUST
 CAUSE,  EGREGIOUS  MISCONDUCT,  AND  BONA FIDE ECONOMIC REASONS; (B) THE
 NUMBER OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WHO FILED COMPLAINTS WITH
 THE DEPARTMENT ALLEGING VIOLATIONS OF SECTIONS 20-1282  AND  20-1283  OF
 THIS  SUBCHAPTER  AND THE OUTCOMES OF SUCH COMPLAINTS; (C) THE NUMBER OF
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WHO INITIATED  AN  INFORMAL  RESOL-
 UTION  PROCESS;  (D)  THE NUMBER OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS
 WHO REACHED AN INFORMAL RESOLUTION WITH A HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE;  (E)  THE  NUMBER  OF  HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WHO
 COMMENCED ARBITRATIONS OR PRIVATE ACTIONS THAT INCLUDE  CLAIMS  ALLEGING
 VIOLATIONS  OF  SECTION  20-1282  OR  20-1283 OF THIS SUBCHAPTER AND THE
 OUTCOMES OF SUCH PROCEEDINGS; AND (F) ANY OTHER INFORMATION THE  DEPART-
 MENT  DEEMS  RELEVANT.  UNTIL  ALL  HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS
 PLACED ON A WAITLIST PURSUANT TO SECTION 20-1283 OF THIS SUBCHAPTER HAVE
 HAD THEIR DRIVER  PLATFORM  ACCESS  RESTORED,  SUCH  REPORT  SHALL  ALSO
 A. 10101                           13

 INCLUDE  THE  NUMBER  OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WITH PRIOR
 DEACTIVATIONS WHO PETITIONED A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE  FOR
 REINSTATEMENT  OR  RESTORATION  OF THEIR ACCESS TO SUCH HIGH-VOLUME FOR-
 HIRE  VEHICLE  SERVICE'S  DRIVER  PLATFORM AND THE NUMBER OF HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVERS WHO WERE  PLACED  ON  A  WAITLIST  PURSUANT  TO
 SECTION 20-1283 OF THIS SUBCHAPTER.
   2.  A  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL RETAIN RECORDS DOCU-
 MENTING ITS COMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THIS SUBCHAP-
 TER FOR A PERIOD OF THREE YEARS AND SHALL ALLOW THE DEPARTMENT TO ACCESS
 SUCH RECORDS AND OTHER INFORMATION, CONSISTENT WITH APPLICABLE  LAW  AND
 IN  ACCORDANCE WITH RULES OF THE DEPARTMENT AND WITH APPROPRIATE NOTICE,
 IN FURTHERANCE OF AN INVESTIGATION CONDUCTED PURSUANT TO THIS CHAPTER. A
 HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL  MAINTAIN  RECORDS  IN  THEIR
 ORIGINAL  FORMAT  AND  PROVIDE  SUCH  RECORDS TO THE DEPARTMENT IN THEIR
 ORIGINAL FORMAT OR A MACHINE-READABLE ELECTRONIC FORMAT AS SET FORTH  IN
 RULES  OF THE DEPARTMENT. THE DEPARTMENT MAY PROMULGATE RULES CONCERNING
 THE MAINTENANCE, RETENTION, AND  PROVISION  BY  A  HIGH-VOLUME  FOR-HIRE
 VEHICLE  SERVICE OF DATA NECESSARY TO THE IMPLEMENTATION AND ENFORCEMENT
 OF THIS SUBCHAPTER, WHICH MAY INCLUDE A REQUIREMENT THAT  A  HIGH-VOLUME
 FOR-HIRE  VEHICLE  SERVICE  ADHERE  TO  A  UNIFORM SYSTEM OF RECORDS AND
 SUBMIT SUCH RECORDS AND OTHER REPORTS AS THE DEPARTMENT  MAY  DETERMINE,
 IN ACCORDANCE WITH APPLICABLE LAW AND RULES AND WITH APPROPRIATE NOTICE.
   3.  THE FAILURE OF A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE TO MAINTAIN,
 RETAIN, OR PRODUCE A RECORD OR OTHER INFORMATION REQUIRED  TO  BE  MAIN-
 TAINED BY THIS CHAPTER AND REQUESTED BY THE DEPARTMENT IN FURTHERANCE OF
 AN  INVESTIGATION CONDUCTED PURSUANT TO THIS CHAPTER THAT IS RELEVANT TO
 A MATERIAL FACT ALLEGED BY THE  DEPARTMENT  IN  A  NOTICE  OF  VIOLATION
 ISSUED  PURSUANT  TO  THIS CHAPTER CREATES A REBUTTABLE PRESUMPTION THAT
 SUCH FACT IS TRUE.
   4. TO IMPLEMENT OR ENFORCE THE PROVISIONS OF THIS CHAPTER, THE DEPART-
 MENT MAY ISSUE AN ORDER OR SUBPOENA FOR THE PRODUCTION  OF  DATA,  DOCU-
 MENTS, TESTIMONY, OR OTHER INFORMATION FROM A HIGH-VOLUME FOR-HIRE VEHI-
 CLE  SERVICE.  SUCH DATA, DOCUMENTS, TESTIMONY, OR OTHER INFORMATION MAY
 INCLUDE, BUT ARE NOT LIMITED TO, INFORMATION ABOUT THE DATA THAT A HIGH-
 VOLUME FOR-HIRE VEHICLE SERVICE MONITORS, COLLECTS, OR STORES  ABOUT  OR
 FROM  A  HIGH-VOLUME  FOR-HIRE  VEHICLE DRIVER OR PASSENGER; INFORMATION
 ABOUT DISCIPLINE IMPOSED ON A HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER;  AND
 ANY  OTHER  INFORMATION DEEMED RELEVANT BY THE DEPARTMENT. IN ACCORDANCE
 WITH APPLICABLE LAW AND RULES AND UPON REASONABLE NOTICE OF NO LESS THAN
 FOURTEEN DAYS, A PERSON WHO RECEIVES A REQUEST  OR  SUBPOENA  FOR  DATA,
 DOCUMENTS,  OR  OTHER INFORMATION PURSUANT TO THIS SECTION SHALL PRODUCE
 SUCH DATA, DOCUMENTS OR INFORMATION TO THE DEPARTMENT  IN  ITS  ORIGINAL
 FORMAT  OR A MACHINE-READABLE ELECTRONIC FORMAT AS SET FORTH IN RULES OF
 THE DEPARTMENT.
   5. THE DEPARTMENT SHALL ESTABLISH A PROGRAM THAT PROVIDES  INFORMATION
 AND  ASSISTANCE  TO HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS RELATING TO THE
 PROVISIONS OF THIS SUBCHAPTER. SUCH PROGRAM SHALL INCLUDE ASSISTANCE  BY
 A  NATURAL  PERSON  BY PHONE AND EMAIL AND OUTREACH AND EDUCATION TO THE
 PUBLIC RELATING TO THE PROVISIONS OF THIS SUBCHAPTER. SUCH PROGRAM SHALL
 NOT PROVIDE LEGAL ADVICE BUT MAY PROVIDE GENERAL INFORMATION AND  REFER-
 RALS  TO  LEGAL  SERVICE PROVIDERS. THE CITY MAY PROVIDE ACCESS TO LEGAL
 SERVICES TO ASSIST A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER IN  CHALLENGING
 A  DEACTIVATION,  OR IMPENDING DEACTIVATION FOR WHICH A HIGH-VOLUME FOR-
 HIRE VEHICLE DRIVER RECEIVED A NOTICE OF LAYOFF PURSUANT TO  SUBDIVISION
 FOUR  OF  SECTION  20-1282, AS UNLAWFUL PURSUANT TO THIS SUBCHAPTER. THE
 MAYOR MAY DESIGNATE AN APPROPRIATE AGENCY OR OTHER ENTITY OF THE CITY TO
 A. 10101                           14
 
 CONTRACT FOR SUCH LEGAL SERVICES WITH ONE OR MORE  QUALIFIED  NON-PROFIT
 LEGAL SERVICES ORGANIZATIONS.
   § 20-1289 PROGRESSIVE  DISCIPLINE  POLICY.  1.  A HIGH-VOLUME FOR-HIRE
 VEHICLE SERVICE SHALL MAINTAIN A WRITTEN PROGRESSIVE  DISCIPLINE  POLICY
 IN A SINGLE WRITING AND ADHERE TO SUCH POLICY.
   2.  THE  WRITTEN  POLICY  REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL SATISFY ALL REQUIREMENTS OF  THIS  SUBCHAPTER  AND,  AT  A
 MINIMUM, ADDRESS THE FOLLOWING:
   (A)  TYPES OF MISCONDUCT BY A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER THAT
 MAY WARRANT DISCIPLINE;
   (B) ANY PERFORMANCE STANDARDS USED TO ASSESS FAILURE TO SATISFACTORILY
 PERFORM JOB DUTIES BY A HIGH-VOLUME FOR-HIRE DRIVER;
   (C) DISCIPLINARY MEASURES THAT MAY BE APPLIED TO  A  HIGH-VOLUME  FOR-
 HIRE VEHICLE DRIVER, INCLUDING BUT NOT LIMITED TO DEACTIVATION;
   (D)  PROCEDURES FOR NOTIFYING A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER OF
 DISCIPLINARY  MEASURES  THAT  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE
 INTENDS  TO  TAKE  AGAINST  SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER AND
 PROVIDING AN OPPORTUNITY TO RESPOND; AND
   (E) PROCEDURES FOR APPLYING DISCIPLINE AGAINST A HIGH-VOLUME  FOR-HIRE
 VEHICLE DRIVER.
   3.  THE  WRITTEN  POLICY  REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL BE CLEAR AND SPECIFIC SUCH THAT A  REASONABLE  PERSON  CAN
 UNDERSTAND  THE  ACTS  AND  OMISSIONS THAT MAY RESULT IN DEACTIVATION OR
 OTHER DISCIPLINARY MEASURES.
   4. THE WRITTEN POLICY REQUIRED PURSUANT TO  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL INCLUDE A NOTICE OF RIGHTS OF HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVERS  THAT  THE  COMMISSIONER SHALL PUBLISH AND MAKE AVAILABLE ON THE
 CITY'S WEBSITE.
   5. A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL  PROVIDE  THE  WRITTEN
 POLICY  REQUIRED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION TO EACH
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER HIRED, RETAINED, OR ENGAGED BY  SUCH
 HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  IN  ENGLISH  AND  IN  ANY OTHER
 LANGUAGE AS THE DEPARTMENT MAY DETERMINE BY RULE. A HIGH-VOLUME FOR-HIRE
 VEHICLE SERVICE SHALL PROVIDE SUCH POLICY TO EACH  HIGH-VOLUME  FOR-HIRE
 VEHICLE  DRIVER  NO LATER THAN THE EFFECTIVE DATE OF THIS SUBCHAPTER, OR
 PRIOR TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S FIRST TRIP, WHICHEV-
 ER IS LATER, IN A FORM AND MANNER THAT THE DEPARTMENT MAY  DETERMINE  BY
 RULE.
   6.  A  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL NOTIFY EACH HIGH-VO-
 LUME FOR-HIRE VEHICLE  DRIVER  OF  ANY  CHANGE  TO  THE  WRITTEN  POLICY
 REQUIRED  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION AT LEAST FOURTEEN
 DAYS BEFORE SUCH CHANGE TAKES EFFECT.
   § 20-1290 EXCEPTIONS. THIS SUBCHAPTER SHALL NOT:
   1. APPLY TO THE DEACTIVATION OF ANY HIGH-VOLUME FOR-HIRE VEHICLE DRIV-
 ER BY A  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  DURING  SUCH  DRIVER'S
 PROBATION PERIOD WITH SUCH SERVICE;
   2. LIMIT OR OTHERWISE AFFECT THE APPLICABILITY OF ANY RIGHT OR BENEFIT
 CONFERRED  UPON  OR AFFORDED TO A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER BY
 THE PROVISIONS OF ANY OTHER LAW, REGULATION, RULE, REQUIREMENT,  POLICY,
 OR  STANDARD  INCLUDING  BUT NOT LIMITED TO ANY FEDERAL, STATE, OR LOCAL
 LAW PROVIDING FOR PROTECTIONS AGAINST RETALIATION OR DISCRIMINATION;
   3. LIMIT OR OTHERWISE AFFECT THE AUTHORITY OF THE TAXI  AND  LIMOUSINE
 COMMISSION  TO  ISSUE,  REVOKE,  OR  SUSPEND THE LICENSES OF HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVERS; OR
   4. LIMIT OR OTHERWISE PREVENT A HIGH-VOLUME FOR-HIRE  VEHICLE  SERVICE
 FROM  DEACTIVATING  A  HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WHOSE LICENSE
 A. 10101                           15
 
 HAS BEEN REVOKED OR FROM DEACTIVATING  A  HIGH-VOLUME  FOR-HIRE  VEHICLE
 DRIVER  WHOSE LICENSE HAS BEEN SUSPENDED FOR THE DURATION OF THE SUSPEN-
 SION.
   §  10.  The general business law is amended by adding a new article 48
 to read as follows:
 
                                ARTICLE 48
       WRONGFUL DEACTIVATION OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS
 SECTION 1710. JURISDICTION.
         1711. DEFINITIONS.
         1712. RETALIATION.
         1713. ENFORCEMENT; JURISDICTION AND COMPLAINT PROCEDURES.
         1714. ADMINISTRATIVE REMEDIES.
         1715. FINES PAYABLE TO THE STATE.
         1716. PRIVATE CAUSE OF ACTION.
         1717. ATTORNEY GENERAL POWERS.
         1718. PROHIBITION ON WRONGFUL DEACTIVATION.
         1719. PRIOR DEACTIVATIONS.
         1720. BONA FIDE ECONOMIC REASONS.
         1721. BURDEN OF PROOF; EVIDENCE.
         1722. PROVISION OF DATA.
         1723. INFORMAL RESOLUTION PROCESS.
         1724. REPORTING; RECORDS; INFORMATION.
         1725. PROGRESSIVE DISCIPLINE POLICY.
         1726. EXCEPTIONS.
   § 1710. JURISDICTION. THIS ARTICLE SHALL NOT APPLY TO A  CITY  WITH  A
 POPULATION OF ONE MILLION OR MORE.
   §  1711.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ACCOUNT SHARING" SHALL MEAN PERMITTING ANOTHER PERSON TO  USE  THE
 HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER'S  TAXI  AND LIMOUSINE COMMISSION
 DRIVER'S LICENSE, TECHNOLOGY SYSTEM LOGIN CREDENTIALS, OR  DRIVER  PLAT-
 FORM LOGIN CREDENTIALS, WHILE PERFORMING DRIVING SERVICES FOR A HIGH-VO-
 LUME FOR-HIRE VEHICLE SERVICE.
   2. "DEACTIVATION" SHALL MEAN (A) AN INDEFINITE OR PERMANENT DISCHARGE,
 TERMINATION,  OR LAYOFF OF A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER; OR (B)
 A REVOCATION OR RESTRICTION OF A HIGH-VOLUME FOR-HIRE  VEHICLE  DRIVER'S
 AUTHORIZATION  TO  ACCEPT  TRIPS  ON  A  DRIVER  PLATFORM THAT IS EITHER
 CONTINUOUSLY IN EFFECT FOR AT LEAST SEVENTY-TWO  HOURS  OR  CONSISTS  OF
 MULTIPLE  PERIODS  OF  REVOCATION OR RESTRICTION THAT TOTAL AT LEAST ONE
 HUNDRED SIXTY-EIGHT HOURS WITHIN A ONE-YEAR PERIOD.
   3. "OFFICE" SHALL MEAN THE OFFICE OF THE ATTORNEY GENERAL.
   4. "DRIVER PLATFORM" SHALL MEAN THE DRIVER-FACING APPLICATION OR OTHER
 APPLICATION, SERVICE, WEBSITE, OR SYSTEM USED BY A HIGH-VOLUME  FOR-HIRE
 VEHICLE   DRIVER   BY  WHICH  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE
 DISPATCHES OR FACILITATES THE DISPATCHING OF  PASSENGER  TRIPS  TO  SUCH
 DRIVER FOR COMPENSATION.
   5. "DRIVING PERFORMANCE DATA" SHALL MEAN ANY DATA REGARDING A HIGH-VO-
 LUME  FOR-HIRE VEHICLE DRIVER'S OPERATION OF A FOR-HIRE VEHICLE, INCLUD-
 ING, BUT NOT LIMITED TO, DATA RECORDING A HIGH-VOLUME  FOR-HIRE  VEHICLE
 DRIVER'S RATES OF ACCELERATION, DECELERATION, BRAKING, SPEED, ROAD MOVE-
 MENTS, OR ANY OTHER ELECTRONIC MONITORING OF DRIVING PERFORMANCE.
   6.  "EGREGIOUS  MISCONDUCT" SHALL MEAN (A) CONDUCT THAT POSES AN IMMI-
 NENT DANGER TO OTHER PERSONS, INCLUDING BUT  NOT  LIMITED  TO  VIOLENCE,
 THREATS  TO  ENGAGE IN VIOLENCE, SEXUAL HARASSMENT, OR SEXUAL ASSAULT OR
 (B) DISCRIMINATION IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAW.
 A. 10101                           16

   7. "HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER"  SHALL  MEAN  A  DRIVER  WHO
 PERFORMS DRIVING SERVICES FOR A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE, OR
 WHO PERFORMS DRIVING SERVICES FOR A THIRD-PARTY AS A RESULT OF RECEIVING
 A DISPATCH OR REFERRAL FROM A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE.
   8.  "HIGH-VOLUME FOR-HIRE VEHICLE SERVICE" SHALL HAVE THE SAME MEANING
 AS SUCH TERM IS DEFINED IN SECTION 19-502 OF THE ADMINISTRATIVE CODE  OF
 THE CITY OF NEW YORK.
   9.  "JUST  CAUSE"  SHALL  MEAN THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER
 ENGAGED IN EGREGIOUS MISCONDUCT, FAILED TO SATISFACTORILY PERFORM  THEIR
 JOB  DUTIES, OR ENGAGED IN ANY OTHER MISCONDUCT THAT IS DEMONSTRABLY AND
 MATERIALLY HARMFUL TO THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S LEGITI-
 MATE BUSINESS INTERESTS.
   10. "PRIOR DEACTIVATION"  SHALL  MEAN  A  DEACTIVATION  THAT  OCCURRED
 DURING THE SEVEN YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
   11.  "PROBATION  PERIOD"  SHALL  MEAN A PERIOD OF THIRTY CALENDAR DAYS
 BEGINNING ON THE FIRST DATE THAT A HIGH-VOLUME FOR-HIRE  VEHICLE  DRIVER
 PERFORMS DRIVING SERVICES FOR A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE.
   12.  "PROGRESSIVE  DISCIPLINE"  SHALL  MEAN A DISCIPLINARY SYSTEM THAT
 PROVIDES FOR A GRADUATED  RANGE  OF  REASONABLE  DISCIPLINARY  MEASURES,
 INCLUDING BUT NOT LIMITED TO WARNINGS AND FURTHER TRAINING REQUIREMENTS,
 IN  RESPONSE  TO  A  HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S MISCONDUCT OR
 FAILURE TO SATISFACTORILY PERFORM JOB DUTIES FOR A HIGH-VOLUME  FOR-HIRE
 VEHICLE  SERVICE, WITH THE TYPE OF DISCIPLINARY MEASURE VARYING BASED ON
 THE FREQUENCY AND DEGREE OF SUCH MISCONDUCT OR FAILURE.
   § 1712. RETALIATION. NO PERSON SHALL TAKE ANY ADVERSE ACTION AGAINST A
 HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER  THAT  PENALIZES  SUCH  HIGH-VOLUME
 FOR-HIRE  VEHICLE DRIVER, OR IS REASONABLY LIKELY TO DETER SUCH HIGH-VO-
 LUME FOR-HIRE VEHICLE DRIVER FROM, EXERCISING OR ATTEMPTING TO  EXERCISE
 ANY  RIGHT  PROTECTED  UNDER  THIS  ARTICLE.  TAKING  AN  ADVERSE ACTION
 INCLUDES THREATENING, INTIMIDATING, DISCIPLINING, DISCHARGING, DEMOTING,
 SUSPENDING OR HARASSING SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER, REDUC-
 ING THE HOURS OR  PAY  OF  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER,
 INFORMING  ANOTHER  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE THAT SUCH HIGH-
 VOLUME FOR-HIRE VEHICLE DRIVER HAS ENGAGED IN  ACTIVITIES  PROTECTED  BY
 THIS ARTICLE, AND DISCRIMINATING AGAINST SUCH HIGH-VOLUME FOR-HIRE VEHI-
 CLE DRIVER, INCLUDING ACTIONS RELATED TO PERCEIVED IMMIGRATION STATUS OR
 WORK  AUTHORIZATION.  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER NEED NOT
 EXPLICITLY REFER TO THIS ARTICLE OR THE RIGHTS ENUMERATED HEREIN  TO  BE
 PROTECTED FROM RETALIATION.
   §  1713.  ENFORCEMENT;  JURISDICTION  AND COMPLAINT PROCEDURES. 1. THE
 ATTORNEY GENERAL SHALL ENFORCE THE PROVISIONS OF THIS ARTICLE.
   2. ANY PERSON, INCLUDING ANY ORGANIZATION,  ALLEGING  A  VIOLATION  OF
 THIS  CHAPTER  MAY  FILE A COMPLAINT WITH THE OFFICE WITHIN TWO YEARS OF
 THE DATE THE PERSON KNEW OR SHOULD HAVE KNOWN OF THE ALLEGED  VIOLATION,
 EXCEPT  THAT  (A)  A COMPLAINT ALLEGING A VIOLATION OF SECTION SEVENTEEN
 HUNDRED EIGHTEEN OR SEVENTEEN HUNDRED NINETEEN OF THIS  ARTICLE  MAY  BE
 FILED  ONLY BY THE DEACTIVATED HIGH-VOLUME FOR-HIRE VEHICLE DRIVER OR BY
 A REPRESENTATIVE OF SUCH HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER,  PROVIDED
 THAT  THE  HIGH-VOLUME FOR-HIRE VEHICLE DRIVER HAS AGREED TO SUCH REPRE-
 SENTATION AND (B) A COMPLAINT ALLEGING A VIOLATION OF SECTION  SEVENTEEN
 HUNDRED  NINETEEN OF THIS ARTICLE MAY BE FILED WITHIN ONE YEAR AFTER THE
 EFFECTIVE DATE OF THIS ARTICLE. UPON RECEIVING  SUCH  A  COMPLAINT,  THE
 OFFICE SHALL INVESTIGATE IT. THE OFFICE MAY OPEN AN INVESTIGATION ON ITS
 OWN INITIATIVE, IF RESOURCES PERMIT.
   3.  A  PERSON  OR ENTITY UNDER INVESTIGATION SHALL, IN ACCORDANCE WITH
 APPLICABLE LAW, PROVIDE THE OFFICE WITH INFORMATION OR EVIDENCE THAT THE
 A. 10101                           17
 
 OFFICE REQUESTS PURSUANT TO THE INVESTIGATION. IF, AS  A  RESULT  OF  AN
 INVESTIGATION  OF A COMPLAINT OR AN INVESTIGATION CONDUCTED UPON ITS OWN
 INITIATIVE, THE OFFICE BELIEVES THAT A VIOLATION  OF  THIS  ARTICLE  HAS
 OCCURRED,  THE  OFFICE  MAY  ATTEMPT  TO  RESOLVE  IT THROUGH ANY ACTION
 AUTHORIZED BY LAW.
   4. THE OFFICE SHALL KEEP THE IDENTITY OF ANY COMPLAINANT  CONFIDENTIAL
 UNLESS DISCLOSURE IS NECESSARY TO RESOLVE THE INVESTIGATION OR IS OTHER-
 WISE  REQUIRED BY LAW, EXCEPT THAT FOR COMPLAINTS ALLEGING VIOLATIONS OF
 SECTION SEVENTEEN HUNDRED EIGHTEEN OR SEVENTEEN HUNDRED NINETEEN OF THIS
 ARTICLE, THE OFFICE SHALL PROVIDE NOTICE OF THE COMPLAINT AND THE  IDEN-
 TITY  OF  THE COMPLAINANT TO THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE AS
 SOON AS PRACTICABLE. THE OFFICE SHALL, TO THE EXTENT PRACTICABLE, NOTIFY
 SUCH COMPLAINANT THAT THE OFFICE WILL BE  DISCLOSING  THE  COMPLAINANT'S
 IDENTITY BEFORE SUCH DISCLOSURE.
   §  1714. ADMINISTRATIVE REMEDIES. 1. (A) FOR EACH VIOLATION BY A HIGH-
 VOLUME FOR-HIRE VEHICLE SERVICE OF SECTION SEVENTEEN HUNDRED EIGHTEEN OR
 SEVENTEEN HUNDRED NINETEEN OF THIS ARTICLE, THE OFFICE SHALL ORDER REIN-
 STATEMENT OR RESTORATION OF ACCESS TO THE DRIVER PLATFORM OF SUCH  HIGH-
 VOLUME  FOR-HIRE  VEHICLE  SERVICE  BY SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER, UNLESS WAIVED BY SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER.
   (B) FOR EACH VIOLATION BY A HIGH-VOLUME FOR-HIRE  VEHICLE  SERVICE  OF
 SECTION  SEVENTEEN  HUNDRED  EIGHTEEN  OF  THIS ARTICLE THE OFFICE SHALL
 ORDER THE PAYMENT OF BACK PAY TO THE WRONGFULLY DEACTIVATED  HIGH-VOLUME
 FOR-HIRE  VEHICLE DRIVER, AND SUCH BACK PAY SHALL BE EQUAL TO THE AMOUNT
 SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WOULD HAVE NORMALLY  EARNED  OR
 RECEIVED FROM SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE DURING THE PERI-
 OD  OF  A  WRONGFUL  DEACTIVATION  IF SUCH WRONGFUL DEACTIVATION HAD NOT
 OCCURRED, PROVIDED THAT:
   (I) THE OFFICE MAY SUBTRACT ANY ADDITIONAL AMOUNTS EARNED OR  RECEIVED
 BY  SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER FROM OTHER WORK DURING SUCH
 PERIOD IN EXCESS OF WHAT SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER  WOULD
 HAVE  NORMALLY  EARNED  OR RECEIVED FROM OTHER WORK IF SUCH DEACTIVATION
 HAD NOT OCCURRED;
   (II) FOR PURPOSES OF THIS PARAGRAPH, THE AMOUNT A HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER WOULD HAVE NORMALLY EARNED OR RECEIVED FROM A HIGH-VOLUME
 FOR-HIRE VEHICLE SERVICE OR OTHER WORK OVER  A  PERIOD  OF  DEACTIVATION
 SHALL  BE  DETERMINED BASED ON THE AVERAGE DAILY AMOUNT SUCH HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER EARNED OR RECEIVED FROM  SUCH  HIGH-VOLUME  FOR-
 HIRE  VEHICLE  SERVICE  OR  SUCH OTHER WORK OVER A REASONABLY COMPARABLE
 PERIOD;
   (III) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRA-
 RY, WHERE A VIOLATION OF SECTION  SEVENTEEN  HUNDRED  EIGHTEEN  OF  THIS
 ARTICLE  ARISES  FROM AN ALLEGATION OF EGREGIOUS MISCONDUCT THAT WAS NOT
 SUBSTANTIATED, BACK PAY SHALL NOT ACCRUE UNTIL FIFTEEN  DAYS  AFTER  THE
 DATE OF DEACTIVATION OF A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER; AND
   (IV)  THE  OFFICE MAY ADJUST THE AMOUNT OF BACK PAY OWED TO A HIGH-VO-
 LUME FOR-HIRE VEHICLE DRIVER, AS APPROPRIATE, BASED ON A FAILURE BY SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER TO MAKE A REASONABLE EFFORT TO MITI-
 GATE ANY LOSS OF INCOME, PROVIDED THAT A  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE  SHALL  HAVE  THE  BURDEN  OF  PROVING BY A PREPONDERANCE OF THE
 EVIDENCE THAT A DRIVER FAILED TO MAKE A REASONABLE EFFORT TO MITIGATE.
   2. FOR VIOLATIONS OF THIS ARTICLE, THE OFFICE MAY GRANT THE  FOLLOWING
 RELIEF  TO  A  HIGH-VOLUME FOR-HIRE VEHICLE DRIVER OR FORMER HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER:
 A. 10101                           18
 
   (A) ALL COMPENSATORY DAMAGES AND OTHER RELIEF REQUIRED  TO  MAKE  SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER OR FORMER HIGH-VOLUME FOR-HIRE VEHI-
 CLE DRIVER WHOLE;
   (B)  AN  ORDER  DIRECTING  A  HIGH-VOLUME  FOR-HIRE VEHICLE SERVICE TO
 COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS ARTICLE;
   (C) FOR EACH VIOLATION OF SECTION SEVENTEEN  HUNDRED  TWELVE  OF  THIS
 ARTICLE:
   (I)  ANY EQUITABLE RELIEF APPROPRIATE UNDER THE CIRCUMSTANCES, INCLUD-
 ING RESCISSION OF ANY DISCIPLINE ISSUED, REINSTATEMENT  OF  ANY  DEACTI-
 VATED  HIGH-VOLUME  FOR-HIRE VEHICLE DRIVER, AND PAYMENT OF BACK PAY FOR
 ANY LOSS OF PAY OR BENEFITS RESULTING FROM DISCIPLINE  OR  OTHER  ACTION
 TAKEN IN VIOLATION OF SECTION SEVENTEEN HUNDRED TWELVE OF THIS ARTICLE;
   (II)  FIVE  HUNDRED  DOLLARS  FOR EACH VIOLATION NOT INVOLVING DEACTI-
 VATION, AS SUCH TERM IS DEFINED IN SECTION SEVENTEEN HUNDRED  ELEVEN  OF
 THIS ARTICLE; AND
   (III)  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION INVOLVING
 DEACTIVATION, AS SUCH TERM IS DEFINED IN SECTION SEVENTEEN HUNDRED ELEV-
 EN OF THIS ARTICLE;
   (IV) FIVE HUNDRED DOLLARS FOR  EACH  VIOLATION  OF  SECTION  SEVENTEEN
 HUNDRED  EIGHTEEN  OF THIS ARTICLE, RESCISSION OF ANY DISCIPLINE ISSUED,
 AND ANY OTHER EQUITABLE RELIEF AS MAY BE APPROPRIATE;
   (V) FIVE HUNDRED DOLLARS  FOR  EACH  VIOLATION  OF  SECTION  SEVENTEEN
 HUNDRED TWENTY OF THIS ARTICLE;
   (VI)  FIVE  HUNDRED  DOLLARS  FOR  EACH VIOLATION OF SECTION SEVENTEEN
 HUNDRED TWENTY-TWO OF THIS ARTICLE; AND
   (VII) FIVE HUNDRED DOLLARS FOR EACH  VIOLATION  OF  SECTION  SEVENTEEN
 HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   3.  THE  RELIEF  AUTHORIZED  BY THIS SECTION SHALL BE IMPOSED ON A PER
 EMPLOYEE OR HIGH-VOLUME FOR-HIRE VEHICLE DRIVER AND PER  INSTANCE  BASIS
 FOR EACH VIOLATION.
   §  1715.  FINES  PAYABLE  TO  THE STATE. 1. FOR EACH VIOLATION OF THIS
 ARTICLE, EXCEPT FOR ANY VIOLATION OF SECTION SEVENTEEN HUNDRED  NINETEEN
 OF  THIS ARTICLE, A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE IS LIABLE FOR A
 PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND, FOR  SUBSE-
 QUENT  VIOLATIONS  THAT OCCUR WITHIN TWO YEARS OF ANY PREVIOUS VIOLATION
 OF THIS ARTICLE, UP TO  SEVEN  HUNDRED  FIFTY  DOLLARS  FOR  THE  SECOND
 VIOLATION AND UP TO ONE THOUSAND DOLLARS FOR EACH SUCCEEDING VIOLATION.
   2.  THE PENALTIES IMPOSED PURSUANT TO THIS SECTION SHALL BE IMPOSED ON
 A PER HIGH-VOLUME FOR-HIRE VEHICLE DRIVER AND  PER  INSTANCE  BASIS  FOR
 EACH VIOLATION.
   §  1716.  PRIVATE CAUSE OF ACTION. 1. ANY PERSON, INCLUDING ANY ORGAN-
 IZATION, ALLEGING A VIOLATION OF THE FOLLOWING PROVISIONS OF THIS  ARTI-
 CLE  MAY BRING A CIVIL ACTION, IN ACCORDANCE WITH APPLICABLE LAW, IN ANY
 COURT OF COMPETENT JURISDICTION FOR THE FOLLOWING SECTIONS:
   (A) SEVENTEEN HUNDRED EIGHTEEN;
   (B) SEVENTEEN HUNDRED NINETEEN;
   (C) SEVENTEEN HUNDRED TWENTY;
   (D) SEVENTEEN HUNDRED TWENTY-TWO; AND
   (E) SEVENTEEN HUNDRED TWENTY-FIVE.
   2. SUCH COURT  MAY  ORDER  COMPENSATORY,  INJUNCTIVE  AND  DECLARATORY
 RELIEF, INCLUDING THE FOLLOWING REMEDIES FOR VIOLATIONS OF THIS ARTICLE:
   (A)  REINSTATEMENT  OF  ANY  EMPLOYEE  OR HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER TERMINATED IN VIOLATION OF SECTION SEVENTEEN HUNDRED TWELVE;
   (B) OTHER COMPENSATORY DAMAGES AND ANY OTHER RELIEF REQUIRED  TO  MAKE
 THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WHOLE; AND
   (C) REASONABLE ATTORNEYS' FEES AND COSTS.
 A. 10101                           19
 
   3.  FOR EACH VIOLATION OF SECTION SEVENTEEN HUNDRED EIGHTEEN OR SEVEN-
 TEEN HUNDRED NINETEEN OF THIS  ARTICLE,  THE  COURT  SHALL  ORDER  REIN-
 STATEMENT  OR  RESTORATION OF THE DRIVER PLATFORM ACCESS OF THE HIGH-VO-
 LUME FOR-HIRE VEHICLE DRIVER, UNLESS WAIVED BY THE HIGH-VOLUME  FOR-HIRE
 VEHICLE DRIVER, AND SHALL ORDER THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE
 TO  PAY THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE HIGH-VOLUME FOR-
 HIRE VEHICLE DRIVER.  FOR EACH VIOLATION OF  SECTION  SEVENTEEN  HUNDRED
 EIGHTEEN  OF THIS ARTICLE, THE COURT MAY, IN ADDITION, GRANT THE FOLLOW-
 ING RELIEF:
   (A) FIVE HUNDRED DOLLARS FOR SUCH HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER
 AND  AN  ORDER DIRECTING COMPLIANCE WITH SECTION SEVENTEEN HUNDRED EIGH-
 TEEN OF THIS ARTICLE, RESCISSION OF ANY DISCIPLINE  ISSUED,  PAYMENT  OF
 BACK  PAY  FOR  ANY  LOSS OF PAY OR BENEFITS RESULTING FROM THE WRONGFUL
 DISCHARGE OR DEACTIVATION, PUNITIVE DAMAGES,  AND  ANY  OTHER  EQUITABLE
 RELIEF AS MAY BE APPROPRIATE; AND
   (B)  FOR  EACH VIOLATION OF SECTION SEVENTEEN HUNDRED EIGHTEEN OF THIS
 ARTICLE, THE COURT SHALL ORDER BACK PAY TO BE DETERMINED AS SET  OUT  IN
 SUBPARAGRAPH  (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION SEVEN-
 TEEN HUNDRED FOURTEEN OF THIS ARTICLE.
   4. A CIVIL ACTION UNDER THIS SECTION SHALL  BE  COMMENCED  WITHIN  TWO
 YEARS  OF  THE  DATE THE PERSON KNEW OR SHOULD HAVE KNOWN OF THE ALLEGED
 VIOLATION, EXCEPT THAT FOR A  VIOLATION  OF  SECTION  SEVENTEEN  HUNDRED
 NINETEEN  OF  THIS ARTICLE, A CIVIL ACTION SHALL BE COMMENCED WITHIN ONE
 YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   5. (A) ANY PERSON FILING A CIVIL  ACTION  SHALL  SIMULTANEOUSLY  SERVE
 NOTICE OF SUCH ACTION AND A COPY OF THE COMPLAINT UPON THE OFFICE. FAIL-
 URE TO SO SERVE A NOTICE DOES NOT ADVERSELY AFFECT ANY PLAINTIFF'S CAUSE
 OF ACTION.
   (B)  A  HIGH-VOLUME  FOR-HIRE VEHICLE DRIVER NEED NOT FILE A COMPLAINT
 WITH THE OFFICE PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN HUNDRED
 THIRTEEN OF THIS ARTICLE BEFORE BRINGING A  CIVIL  ACTION;  HOWEVER,  NO
 PERSON  SHALL  FILE  A  CIVIL  ACTION  AFTER FILING A COMPLAINT WITH THE
 OFFICE BASED ON THE SAME FACTS UNLESS SUCH COMPLAINT HAS BEEN  WITHDRAWN
 OR DISMISSED WITHOUT PREJUDICE TO FURTHER ACTION.
   (C)  NO  PERSON  SHALL FILE A COMPLAINT WITH THE OFFICE AFTER FILING A
 CIVIL ACTION BASED ON THE SAME FACTS UNLESS SUCH ACTION HAS  BEEN  WITH-
 DRAWN OR DISMISSED WITHOUT PREJUDICE TO FURTHER ACTION.
   (D)  THE  COMMENCEMENT  OR PENDENCY OF A CIVIL ACTION BY A HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER DOES NOT PRECLUDE THE OFFICE FROM  INVESTIGATING
 THE  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE, OR COMMENCING, PROSECUTING OR
 SETTLING A CASE AGAINST THE HIGH-VOLUME FOR-HIRE VEHICLE  SERVICE  BASED
 ON SOME OR ALL OF THE SAME VIOLATIONS.
   §  1717.  ATTORNEY GENERAL POWERS. 1. WHERE REASONABLE CAUSE EXISTS TO
 BELIEVE THAT A HIGH-VOLUME FOR-HIRE VEHICLE  SERVICE  IS  ENGAGED  IN  A
 PATTERN  OR  PRACTICE  OF  VIOLATIONS  OF  THIS  ARTICLE, THE OFFICE MAY
 COMMENCE A CIVIL ACTION ON BEHALF OF THE CITY IN A  COURT  OF  COMPETENT
 JURISDICTION.
   2. THE OFFICE SHALL COMMENCE SUCH ACTION BY FILING A COMPLAINT SETTING
 FORTH  FACTS RELATING TO SUCH PATTERN OR PRACTICE AND REQUESTING RELIEF,
 WHICH MAY INCLUDE INJUNCTIVE RELIEF, RELIEF SET FORTH IN SECTION  SEVEN-
 TEEN  HUNDRED  FOURTEEN  OF  THIS  ARTICLE, CIVIL PENALTIES SET FORTH IN
 SECTION SEVENTEEN HUNDRED FIFTEEN OF THIS ARTICLE, AND ANY OTHER  APPRO-
 PRIATE RELIEF.
   3.  SUCH  ACTION  MAY  BE  COMMENCED  ONLY BY THE OFFICE OR SUCH OTHER
 PERSONS DESIGNATED BY THE ATTORNEY GENERAL.
 A. 10101                           20
 
   4. IN ANY CIVIL ACTION COMMENCED PURSUANT TO SUBDIVISION ONE  OF  THIS
 SECTION, THE TRIER OF FACT MAY IMPOSE AN ADDITIONAL CIVIL PENALTY OF NOT
 MORE  THAN  FIFTEEN  THOUSAND  DOLLARS  FOR A FINDING THAT A HIGH-VOLUME
 FOR-HIRE VEHICLE SERVICE  HAS  ENGAGED  IN  A  PATTERN  OR  PRACTICE  OF
 VIOLATIONS OF THIS ARTICLE. ANY CIVIL PENALTY SO RECOVERED SHALL BE PAID
 INTO THE GENERAL FUND OF THE STATE.
   §  1718.  PROHIBITION  ON WRONGFUL DEACTIVATION. 1. A HIGH-VOLUME FOR-
 HIRE VEHICLE SERVICE SHALL NOT DEACTIVATE A HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER AFTER SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S PROBATION PERIOD
 WITH SUCH SERVICE EXCEPT FOR  JUST  CAUSE,  FOR  A  BONA  FIDE  ECONOMIC
 REASON,  AS  DESCRIBED IN SECTION SEVENTEEN HUNDRED TWENTY OF THIS ARTI-
 CLE, OR WHERE FEDERAL, STATE, OR LOCAL LAW OR RULE REQUIRES  SUCH  HIGH-
 VOLUME  FOR-HIRE VEHICLE SERVICE TO DEACTIVATE SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER.
   2. IN DETERMINING WHETHER A HIGH-VOLUME FOR-HIRE VEHICLE  SERVICE  HAS
 DEACTIVATED  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER FOR JUST CAUSE, A
 FACT-FINDER SHALL CONSIDER, IN ADDITION TO ANY OTHER  RELEVANT  FACTORS,
 WHETHER:
   (A) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER KNEW OR SHOULD HAVE KNOWN
 OF SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE, OR PRACTICE
 THAT  FORMS  A BASIS FOR PROGRESSIVE DISCIPLINE OR SUCH DEACTIVATION AND
 KNEW OR SHOULD HAVE KNOWN OF THE POTENTIAL CONSEQUENCES FOR VIOLATION OF
 SUCH POLICY, RULE, OR PRACTICE;
   (B) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE, OR PRAC-
 TICE THAT FORMS A BASIS FOR PROGRESSIVE DISCIPLINE OR SUCH  DEACTIVATION
 IS REASONABLY RELATED TO SAFE AND EFFICIENT HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE OPERATIONS;
   (C)  SUCH  HIGH-VOLUME  FOR-HIRE VEHICLE SERVICE PROVIDED RELEVANT AND
 ADEQUATE TRAINING TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER;
   (D) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE OR  PRAC-
 TICE THAT FORMS A BASIS FOR SUCH DEACTIVATION, INCLUDING THE UTILIZATION
 OF PROGRESSIVE DISCIPLINE, WAS REASONABLE AND APPLIED CONSISTENTLY;
   (E)  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE SERVICE UNDERTOOK A FAIR AND
 OBJECTIVE INVESTIGATION INTO THE HIGH-VOLUME FOR-HIRE  VEHICLE  DRIVER'S
 JOB PERFORMANCE AS WELL AS THEIR MISCONDUCT OR FAILURE TO SATISFACTORILY
 PERFORM JOB DUTIES;
   (F)  SUCH  DEACTIVATION  IS  A REASONABLE RESPONSE TO SUCH HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER'S JOB PERFORMANCE AS WELL AS THEIR MISCONDUCT OR
 FAILURE TO SATISFACTORILY PERFORM JOB DUTIES AND ACCOUNTS FOR ANY  MITI-
 GATING  CIRCUMSTANCES,  INCLUDING  BUT  NOT  LIMITED TO SUCH HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER'S PAST WORK HISTORY; AND
   (G) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER VIOLATED THE POLICY, RULE
 OR PRACTICE OR ENGAGED IN ANY MISCONDUCT OR  FAILURE  TO  SATISFACTORILY
 PERFORM JOB DUTIES THAT FORMS A BASIS FOR PROGRESSIVE DISCIPLINE OR SUCH
 DEACTIVATION.
   3.  EXCEPT  WHERE  DEACTIVATION IS FOR ALLEGED EGREGIOUS MISCONDUCT, A
 DEACTIVATION OF A HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER  SHALL  NOT  BE
 CONSIDERED  BASED  ON  JUST  CAUSE UNLESS A HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE DEMONSTRATES THAT:
   (A) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE HAS UTILIZED PROGRESSIVE
 DISCIPLINE; PROVIDED, HOWEVER, THAT SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE MAY NOT RELY ON PROGRESSIVE DISCIPLINE ISSUED MORE THAN ONE YEAR
 BEFORE SUCH DEACTIVATION; AND
   (B)  SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE HAD A WRITTEN POLICY ON
 PROGRESSIVE DISCIPLINE THAT WAS IN EFFECT AND WAS PROVIDED TO SUCH HIGH-
 VOLUME FOR-HIRE VEHICLE DRIVER.
 A. 10101                           21
 
   4. A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL PROVIDE  THE  HIGH-VO-
 LUME  FOR-HIRE  VEHICLE  DRIVER WITH NOTICE OF AN IMPENDENT DEACTIVATION
 FOURTEEN DAYS IN ADVANCE OF THE IMPENDING DEACTIVATION, EXCEPT THAT  (A)
 WHERE  A  DEACTIVATION OF A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER IS FOR A
 BONA  FIDE  ECONOMIC  REASON,  AS DESCRIBED IN SECTION SEVENTEEN HUNDRED
 TWENTY OF THIS ARTICLE, A HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  SHALL
 PROVIDE,  IN  A  FORM  AND  MANNER  DESIGNATED BY THE OFFICE, AN ADVANCE
 NOTICE OF LAYOFF TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER  AT  LEAST
 ONE  HUNDRED  TWENTY  DAYS  PRIOR  TO SUCH DEACTIVATION, AND (B) ADVANCE
 NOTICE IS NOT REQUIRED WHERE A DEACTIVATION IS FOR EGREGIOUS MISCONDUCT,
 ACCOUNT SHARING, OR IF THERE IS A PATTERN OF REPEATED FRAUDULENT  BEHAV-
 IOR.
   5.  SUCH  ADVANCE  NOTICE  SHALL  STATE  ALL  THE PRECISE AND DETAILED
 REASONS FOR AND THE EFFECTIVE DATE OF SUCH  DEACTIVATION.  SUCH  ADVANCE
 NOTICE  SHALL  INCLUDE  INFORMATION ABOUT: (A) SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER'S RIGHT TO CHALLENGE SUCH DEACTIVATION AS UNLAWFUL PURSU-
 ANT TO THIS ARTICLE; (B) HOW SUCH HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER
 MAY  INITIATE  AN INFORMAL RESOLUTION PROCESS WITH SUCH HIGH-VOLUME FOR-
 HIRE VEHICLE SERVICE PURSUANT TO SECTION SEVENTEEN HUNDRED  TWENTY-THREE
 OF THIS ARTICLE; (C) THE OPPORTUNITY FOR SUCH HIGH-VOLUME FOR-HIRE VEHI-
 CLE  DRIVER TO SUBMIT EVIDENCE TO SUBSTANTIATE A CHALLENGE TO SUCH DEAC-
 TIVATION; (D) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S RIGHT TO FILE A
 COMPLAINT WITH THE OFFICE, OR INITIATE A PRIVATE ACTION; AND (E)  ELIGI-
 BLE  HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS' RIGHTS TO ACCESS UNEMPLOYMENT
 INSURANCE.
   6. WITHIN FIVE DAYS AFTER DEACTIVATING A HIGH-VOLUME FOR-HIRE  VEHICLE
 DRIVER  FOR  EGREGIOUS  MISCONDUCT,  ACCOUNT  SHARING,  OR IF THERE IS A
 PATTERN OF REPEATED FRAUDULENT BEHAVIOR, A HIGH-VOLUME FOR-HIRE  VEHICLE
 SERVICE  SHALL PROVIDE, IN A FORM AND MANNER DESIGNATED BY THE OFFICE, A
 NOTICE OF DEACTIVATION TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WHICH
 CONTAINS A WRITTEN EXPLANATION OF ALL THE PRECISE AND  DETAILED  REASONS
 FOR  SUCH DEACTIVATION AND THE EFFECTIVE DATE OF SUCH DEACTIVATION. SUCH
 NOTICE SHALL INCLUDE INFORMATION ABOUT: (A)  SUCH  HIGH-VOLUME  FOR-HIRE
 VEHICLE DRIVER'S RIGHT TO CHALLENGE SUCH DEACTIVATION AS UNLAWFUL PURSU-
 ANT  TO  THIS  ARTICLE; (B) HOW SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER
 MAY INITIATE AN INFORMAL RESOLUTION PROCESS WITH SUCH  HIGH-VOLUME  FOR-
 HIRE  VEHICLE SERVICE PURSUANT TO SECTION SEVENTEEN HUNDRED TWENTY-THREE
 OF THIS ARTICLE; (C) THE OPPORTUNITY FOR SUCH HIGH-VOLUME FOR-HIRE VEHI-
 CLE DRIVER TO SUBMIT EVIDENCE TO SUBSTANTIATE A CHALLENGE TO SUCH  DEAC-
 TIVATION; (D) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S RIGHT TO FILE A
 COMPLAINT  WITH THE OFFICE, OR INITIATE A PRIVATE ACTION; AND (E) ELIGI-
 BLE HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS' RIGHTS TO ACCESS  UNEMPLOYMENT
 INSURANCE.
   7.  THIS  SECTION  SHALL  NOT  APPLY TO ANY DEACTIVATION THAT OCCURRED
 PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
   § 1719. PRIOR DEACTIVATIONS. 1. WITHIN ONE YEAR  AFTER  THE  EFFECTIVE
 DATE  OF  THIS  ARTICLE,  A  HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WHO WAS
 SUBJECT TO A  PRIOR  DEACTIVATION  BY  A  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE MAY PETITION SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE FOR REIN-
 STATEMENT  OR RESTORATION OF ACCESS TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE'S DRIVER PLATFORM. WITHIN THIRTY  DAYS  AFTER  RECEIPT  OF  SUCH
 PETITION,  SUCH  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL REINSTATE OR
 RESTORE SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S ACCESS TO SUCH DRIVER
 PLATFORM, UNLESS SUCH PRIOR DEACTIVATION OCCURRED DURING  THE  PROBATION
 PERIOD  OR  WAS  FOR  JUST  CAUSE,  FOR  A BONA FIDE ECONOMIC REASON, AS
 A. 10101                           22
 
 DESCRIBED IN SECTION  SEVENTEEN  HUNDRED  TWENTY  OF  THIS  ARTICLE,  OR
 REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR RULE.
   2.  IN  DETERMINING WHETHER A PRIOR DEACTIVATION OF A HIGH-VOLUME FOR-
 HIRE VEHICLE DRIVER BY A HIGH-VOLUME FOR-HIRE VEHICLE  SERVICE  WAS  FOR
 JUST CAUSE, A FACT-FINDER SHALL CONSIDER, IN ADDITION TO ANY OTHER RELE-
 VANT FACTORS, WHETHER:
   (A) SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER KNEW OR SHOULD HAVE KNOWN
 OF SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE, OR PRACTICE
 THAT  FORMED A BASIS FOR SUCH PRIOR DEACTIVATION AND KNEW OR SHOULD HAVE
 KNOWN OF THE POTENTIAL CONSEQUENCES FOR VIOLATION OF SUCH  POLICY,  RULE
 OR PRACTICE;
   (B) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE, OR PRAC-
 TICE  THAT  FORMED  A  BASIS  FOR SUCH PRIOR DEACTIVATION WAS REASONABLY
 RELATED TO SAFE AND EFFICIENT HIGH-VOLUME FOR-HIRE VEHICLE SERVICE OPER-
 ATIONS;
   (C) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S POLICY, RULE OR  PRAC-
 TICE  THAT FORMED A BASIS FOR SUCH PRIOR DEACTIVATION WAS REASONABLE AND
 APPLIED CONSISTENTLY;
   (D) SUCH PRIOR DEACTIVATION WAS A REASONABLE RESPONSE TO SUCH HIGH-VO-
 LUME FOR-HIRE VEHICLE DRIVER'S JOB PERFORMANCE AS WELL AS THEIR  MISCON-
 DUCT  OR  FAILURE TO SATISFACTORILY PERFORM JOB DUTIES AND ACCOUNTED FOR
 ANY MITIGATING CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, SUCH  HIGH-
 VOLUME FOR-HIRE VEHICLE DRIVER'S PAST WORK HISTORY;
   (E)  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER VIOLATED THE POLICY,
 RULE, OR PRACTICE OR COMMITTED THE MISCONDUCT OR  FAILURE  TO  SATISFAC-
 TORILY  PERFORM  JOB  DUTIES  THAT FORMED A BASIS FOR SUCH PRIOR DEACTI-
 VATION; AND
   (F) SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE CONSIDERED ANY  EXCULPA-
 TORY  EVIDENCE  OR OTHER FACTS INDICATING THAT SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE  DRIVER  DID  NOT  VIOLATE  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE'S POLICY, RULE OR PRACTICE.
   3.  IF  A  HIGH-VOLUME  FOR-HIRE VEHICLE SERVICE DOES NOT REINSTATE OR
 RESTORE ACCESS OF A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WHO WAS  SUBJECT
 TO  A  PRIOR DEACTIVATION TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S
 DRIVER PLATFORM WITHIN THIRTY DAYS AFTER RECEIPT OF A PETITION  PURSUANT
 TO  SUBDIVISION  ONE  OF THIS SECTION, SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE SHALL PROVIDE A WRITTEN EXPLANATION, IN A FORM AND MANNER DESIG-
 NATED BY THE OFFICE, TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER OF  ALL
 THE PRECISE AND DETAILED REASONS FOR SUCH PRIOR DEACTIVATION. SUCH WRIT-
 TEN  EXPLANATION  SHALL  INCLUDE INFORMATION ABOUT: (A) SUCH HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER'S RIGHT TO CHALLENGE SUCH PRIOR DEACTIVATION  AS
 UNLAWFUL  PURSUANT  TO  THIS  ARTICLE; (B) HOW SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER MAY INITIATE AN  INFORMAL  RESOLUTION  PROCESS  WITH  THE
 HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  PURSUANT  TO  SECTION SEVENTEEN
 HUNDRED TWENTY-THREE OF THIS ARTICLE; (C) THE OPPORTUNITY OF SUCH  HIGH-
 VOLUME  FOR-HIRE  VEHICLE  DRIVER  TO  SUBMIT EVIDENCE TO SUBSTANTIATE A
 CHALLENGE TO SUCH PRIOR  DEACTIVATION;  (D)  SUCH  HIGH-VOLUME  FOR-HIRE
 VEHICLE  DRIVER'S RIGHT TO FILE A COMPLAINT WITH THE OFFICE, OR INITIATE
 A PRIVATE ACTION; AND (E) HOW A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER  MAY
 APPLY FOR UNEMPLOYMENT BENEFITS.
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A HIGH-VOLUME
 FOR-HIRE VEHICLE SERVICE MAY DECLINE TO IMMEDIATELY REINSTATE OR RESTORE
 ACCESS TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE'S DRIVER PLATFORM TO
 A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER WHOSE ACCESS  IS  REQUIRED  TO  BE
 REINSTATED  OR  RESTORED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION IF
 SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE IS  NOT  PROVIDING  ACCESS  TO
 A. 10101                           23
 
 SUCH DRIVER PLATFORM TO ANY NEW HIGH-VOLUME FOR-HIRE VEHICLE DRIVER, AND
 HAS NOT PROVIDED SUCH ACCESS DURING THE THREE MONTHS PRIOR TO THE EFFEC-
 TIVE  DATE  OF THE THIS SECTION. WHERE SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE  DECLINES  TO  IMMEDIATELY  REINSTATE  OR RESTORE ACCESS TO SUCH
 DRIVER PLATFORM PURSUANT TO THIS SUBDIVISION, SUCH HIGH-VOLUME  FOR-HIRE
 VEHICLE  SERVICE SHALL MAINTAIN A WAITLIST OF HIGH-VOLUME FOR-HIRE VEHI-
 CLE DRIVERS WHOSE ACCESS TO SUCH DRIVER PLATFORM IS REQUIRED TO BE REIN-
 STATED OR RESTORED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND REIN-
 STATE OR RESTORE SUCH HIGH-VOLUME FOR-HIRE VEHICLE  DRIVERS'  ACCESS  TO
 SUCH  DRIVER  PLATFORM,  IN THE ORDER IN WHICH SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVERS WERE PLACED ON SUCH WAITLIST,  PROVIDED  THAT  ANY  SUCH
 DRIVER MEETS THE MINIMUM REQUIREMENTS THAT APPLY TO ALL CURRENT HIGH-VO-
 LUME  FOR-HIRE  VEHICLE  DRIVERS  FOR  SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE, PRIOR TO PROVIDING ANY OTHER NEW HIGH-VOLUME  FOR-HIRE  VEHICLE
 DRIVER ACCESS TO SUCH DRIVER PLATFORM.
   §  1720.  BONA  FIDE  ECONOMIC REASONS. 1. A DEACTIVATION, INCLUDING A
 PRIOR DEACTIVATION, SHALL NOT BE CONSIDERED BASED ON A BONA FIDE ECONOM-
 IC REASON UNLESS SUPPORTED BY A HIGH-VOLUME FOR-HIRE  VEHICLE  SERVICE'S
 BUSINESS RECORDS DEMONSTRATING THAT SUCH DEACTIVATION IS IN RESPONSE TO:
 (A)  A  PROPORTIONATE  REDUCTION IN VOLUME OF SALES OR PROFIT WITHIN THE
 FISCAL QUARTER PRIOR TO THE ISSUANCE OF A NOTICE OF LAYOFF  REQUIRED  BY
 SUBDIVISION  FOUR OF SECTION SEVENTEEN HUNDRED EIGHTEEN OF THIS ARTICLE;
 OR (B) A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE DISCONTINUING ITS  DRIVING
 SERVICES IN THE CITY.
   2.  (A) DEACTIVATIONS OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS BASED ON
 A BONA FIDE ECONOMIC REASON SHALL BE DONE IN REVERSE ORDER OF SENIORITY,
 SO THAT HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WITH THE GREATEST SENIORITY
 SHALL BE RETAINED THE LONGEST AND REINSTATED OR RESTORED ACCESS  TO  THE
 DRIVER PLATFORM FIRST.
   (B)  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  SHALL MAKE REASONABLE
 EFFORTS TO OFFER REINSTATEMENT OR RESTORATION OF ACCESS TO SUCH HIGH-VO-
 LUME FOR-HIRE VEHICLE SERVICE'S DRIVER PLATFORM TO ANY HIGH-VOLUME  FOR-
 HIRE  VEHICLE  DRIVER  DEACTIVATED  BY SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE BASED ON A BONA FIDE ECONOMIC REASON WITHIN THE  PREVIOUS  THREE
 YEARS,  IF  ANY,  BEFORE  SUCH  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE MAY
 PROVIDE ANY OTHER NEW HIGH-VOLUME FOR-HIRE VEHICLE DRIVER ACCESS TO SUCH
 DRIVER PLATFORM.
   (C) THIS SUBDIVISION SHALL APPLY ONLY TO DEACTIVATIONS THAT  OCCUR  ON
 OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   §  1721.  BURDEN  OF  PROOF; EVIDENCE. 1. IN ANY PROCEEDING ALLEGING A
 VIOLATION BY A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE OF SECTION SEVENTEEN
 HUNDRED EIGHTEEN OR SEVENTEEN HUNDRED NINETEEN  OF  THIS  ARTICLE,  SUCH
 HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE SHALL BEAR THE BURDEN OF PROVING
 JUST CAUSE AND A BONA FIDE ECONOMIC REASON PURSUANT TO SECTION SEVENTEEN
 HUNDRED EIGHTEEN OR SEVENTEEN HUNDRED NINETEEN OF  THIS  ARTICLE,  BY  A
 PREPONDERANCE  OF  THE EVIDENCE, SUBJECT TO THE RULES OF EVIDENCE AS SET
 FORTH IN THE CIVIL PRACTICE LAW AND  RULES  OR,  WHERE  APPLICABLE,  THE
 COMMON LAW.
   2.  IN  DETERMINING WHETHER A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE HAD
 JUST CAUSE FOR A  DEACTIVATION,  A  FACT-FINDER  MAY  NOT  CONSIDER  ANY
 REASONS  PROFFERED  BY  THE  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE NOT
 INCLUDED IN THE NOTICE OF DEACTIVATION PROVIDED TO THE HIGH-VOLUME  FOR-
 HIRE  VEHICLE  DRIVER  PURSUANT TO SUBDIVISION FIVE OF SECTION SEVENTEEN
 HUNDRED EIGHTEEN OF THIS ARTICLE OR THE WRITTEN EXPLANATION PROVIDED  TO
 THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER PURSUANT TO SUBDIVISION THREE OF
 SECTION SEVENTEEN HUNDRED NINETEEN OF THIS ARTICLE.
 A. 10101                           24
 
   3. WHEN DETERMINING DAMAGES, THE FACT-FINDER MAY TAKE INTO ACCOUNT ANY
 EVIDENCE  THE  HIGH-VOLUME FOR-HIRE VEHICLE DRIVER SUBMITTED PURSUANT TO
 SUBDIVISION FOUR OR FIVE OF SECTION SEVENTEEN HUNDRED EIGHTEEN, SUBDIVI-
 SION THREE OF SECTION SEVENTEEN HUNDRED NINETEEN, OR  SECTION  SEVENTEEN
 HUNDRED  TWENTY-THREE  OF  THIS  ARTICLE,  THAT  WAS  NOT TIMELY OR DULY
 CONSIDERED BY THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE.
   4. A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER MAY SUBMIT  EVIDENCE  IN  ANY
 PROCEEDING ALLEGING A VIOLATION OF THIS ARTICLE THAT WAS NOT PROVIDED TO
 THE HIGH-VOLUME FOR-HIRE VEHICLE SERVICE PURSUANT TO SUBDIVISION FOUR OR
 FIVE OF SECTION SEVENTEEN HUNDRED EIGHTEEN, SUBDIVISION THREE OF SECTION
 SEVENTEEN HUNDRED NINETEEN, OR SECTION SEVENTEEN HUNDRED TWENTY-THREE OF
 THIS  ARTICLE  AND NO NEGATIVE INFERENCE OR CONSEQUENCE SHALL APPLY TO A
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S DECISION NOT  TO  SUBMIT  EVIDENCE
 PURSUANT TO THESE PROVISIONS.
   § 1722. PROVISION OF DATA. 1. UPON THE ISSUANCE OF A NOTICE OF DEACTI-
 VATION  REQUIRED  PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION SEVENTEEN
 HUNDRED EIGHTEEN OF THIS ARTICLE, A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE
 SHALL PROVIDE A DEACTIVATED HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER  WITH
 INFORMATION  AND  DATA  RELEVANT  TO  SUCH HIGH-VOLUME FOR-HIRE DRIVER'S
 DEACTIVATION. SUCH INFORMATION SHALL INCLUDE, BUT NEED  NOT  BE  LIMITED
 TO:
   (A)  DRIVING  PERFORMANCE  DATA  SPECIFIC TO SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER;
   (B) ALL CUSTOMER COMMENTS, RATINGS, AND COMPLAINTS RECEIVED  REGARDING
 THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER; AND
   (C)  ANONYMIZED  AND  AGGREGATED  REPORTS,  COVERING THE TWELVE MONTHS
 PRIOR  TO  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER'S  DEACTIVATION,
 REGARDING  DISCIPLINE,  INCLUDING DEACTIVATION, IMPOSED BY SUCH HIGH-VO-
 LUME FOR-HIRE VEHICLE SERVICE ON ANY OTHER HIGH-VOLUME FOR-HIRE  VEHICLE
 DRIVERS  WHO  ENGAGED  IN  THE  SAME OR SIMILAR MISCONDUCT OR FAILURE TO
 SATISFACTORILY PERFORM JOB DUTIES FORMING A BASIS FOR  THE  DEACTIVATION
 OF THE HIGH-VOLUME FOR-HIRE VEHICLE DRIVER SUBJECT TO SUCH NOTICE.
   2. THE INFORMATION OR DATA REQUIRED BY SUBDIVISION ONE OF THIS SECTION
 SHALL  BE  REDACTED TO REMOVE THE PERSONALLY IDENTIFIABLE INFORMATION OF
 PASSENGERS. THIS REQUIREMENT DOES NOT APPLY  TO  ANY  INDEPENDENT  OBLI-
 GATION  TO  PRODUCE  INFORMATION,  INCLUDING  BUT  NOT  LIMITED  TO  ANY
 PRODUCTION OF INFORMATION REQUIRED AS PART OF AN ADJUDICATORY HEARING.
   3. UPON THE ISSUANCE OF THE NOTICE REQUIRED  PURSUANT  TO  SUBDIVISION
 THREE  OF SECTION SEVENTEEN HUNDRED NINETEEN OF THIS ARTICLE, A HIGH-VO-
 LUME FOR-HIRE VEHICLE SERVICE SHALL PROVIDE  A  DEACTIVATED  HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVER WITH INFORMATION AND DATA RELEVANT TO SUCH HIGH-
 VOLUME   FOR-HIRE   DRIVER'S  DEACTIVATION,  INCLUDING  ALL  INFORMATION
 REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION, TO THE EXTENT THAT  SUCH
 INFORMATION IS AVAILABLE TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE.
   4.  FOR  AT  LEAST SIX YEARS AFTER DEACTIVATING A HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER, A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL CONTINUE TO
 PROVIDE SUCH HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER  WITH  ACCESS  TO  ALL
 INFORMATION AND DATA CONCERNING SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER
 THAT  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE DRIVER HAD ACCESS TO PRIOR TO
 DEACTIVATION, INCLUDING BUT NOT LIMITED  TO  SUCH  HIGH-VOLUME  FOR-HIRE
 VEHICLE DRIVER'S TAX AND PAYMENT RECORDS.
   § 1723. INFORMAL RESOLUTION PROCESS. 1. A HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE SHALL MAINTAIN AN EMAIL ADDRESS, WEBSITE, OR OTHER FORM OF ELEC-
 TRONIC COMMUNICATION THROUGH WHICH A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER
 OR  THEIR REPRESENTATIVE MAY CHALLENGE SUCH HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVER'S DEACTIVATION, PRIOR DEACTIVATION, OR IMPENDING DEACTIVATION FOR
 A. 10101                           25
 
 WHICH SUCH HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER  RECEIVED  A  NOTICE  OF
 LAYOFF  PURSUANT  TO SUBDIVISION FOUR OF SECTION SEVENTEEN HUNDRED EIGH-
 TEEN OF THIS ARTICLE, AS UNLAWFUL PURSUANT TO THIS ARTICLE.  SUCH  HIGH-
 VOLUME  FOR-HIRE VEHICLE SERVICE SHALL PROVIDE SUCH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER AN OPPORTUNITY TO SUBMIT  EVIDENCE  TO  SUBSTANTIATE  ANY
 SUCH  CHALLENGE  AND  ACCEPT  WRITTEN  COMMUNICATIONS  PURSUANT  TO THIS
 SECTION IN THE LANGUAGE IN WHICH THEY ARE WRITTEN.
   2. A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER MAY SEEK INFORMAL  RESOLUTION
 OF  A  DEACTIVATION  OF  SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER, OR AN
 IMPENDING DEACTIVATION FOR WHICH SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIV-
 ER RECEIVES A NOTICE OF LAYOFF PURSUANT TO SUBDIVISION FOUR  OF  SECTION
 SEVENTEEN  HUNDRED  EIGHTEEN  OF THIS ARTICLE, BY A HIGH-VOLUME FOR-HIRE
 VEHICLE SERVICE BY INITIATING, AN INFORMAL  RESOLUTION  PROCESS  THROUGH
 THE  EMAIL  ADDRESS,  WEBSITE, OR OTHER FORM OF ELECTRONIC COMMUNICATION
 MAINTAINED BY SUCH HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS SECTION, OR THROUGH ANY OTHER MEANS THAT SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER AND SUCH HIGH-VOLUME FOR-HIRE  VEHI-
 CLE  SERVICE  AGREE  TO.    THE  PARTIES  SHALL  HAVE FIFTEEN DAYS AFTER
 COMMENCING SUCH INFORMAL  RESOLUTION  PROCESS  TO  REACH  A  RESOLUTION,
 UNLESS  SUCH  HIGH-VOLUME  FOR-HIRE  VEHICLE DRIVER AND SUCH HIGH-VOLUME
 FOR-HIRE VEHICLE SERVICE MUTUALLY AGREE TO A LONGER  TIMEFRAME.  IF  THE
 PARTIES  RESOLVE  A  CHALLENGE  PURSUANT TO THIS SUBDIVISION, THEY SHALL
 MEMORIALIZE SUCH RESOLUTION IN A WRITTEN AGREEMENT, ON A  FORM  PROVIDED
 BY THE OFFICE.
   3.  THE  HIGH-VOLUME  FOR-HIRE  VEHICLE SERVICE'S FAILURE TO ENGAGE IN
 GOOD FAITH WITH THE INFORMAL RESOLUTION PROCESS  SHALL  BE  A  VIOLATION
 SUBJECT  TO  A  CIVIL PENALTY UNDER SECTION SEVENTEEN HUNDRED FIFTEEN OF
 THIS ARTICLE, BUT SUCH VIOLATION SHALL NOT  BE  SUBJECT  TO  ENFORCEMENT
 PURSUANT TO SECTIONS SEVENTEEN HUNDRED THIRTEEN, SEVENTEEN HUNDRED FOUR-
 TEEN,  SEVENTEEN HUNDRED SIXTEEN AND SEVENTEEN HUNDRED SEVENTEEN OF THIS
 ARTICLE.
   4. AFTER RECEIVING A COMPLAINT PURSUANT TO SECTION  SEVENTEEN  HUNDRED
 THIRTEEN  OF  THIS  ARTICLE  ALLEGING  A  VIOLATION OF SECTION SEVENTEEN
 HUNDRED EIGHTEEN OR SEVENTEEN HUNDRED  NINETEEN  OF  THIS  ARTICLE,  THE
 OFFICE  SHALL  NOTIFY  THE  HIGH-VOLUME  FOR-HIRE VEHICLE DRIVER OR SUCH
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S REPRESENTATIVE AND THE HIGH-VOLUME
 FOR-HIRE VEHICLE SERVICE THAT THEY MAY RESOLVE THE COMPLAINT THROUGH  AN
 INFORMAL RESOLUTION PROCESS PURSUANT TO THIS SECTION.
   5.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
 RY, THE OFFICE SHALL NOT PROCEED WITH ITS INVESTIGATION OF  A  COMPLAINT
 FILED  PURSUANT  TO  SECTION  SEVENTEEN HUNDRED THIRTEEN OF THIS ARTICLE
 ALLEGING A VIOLATION OF SECTION SEVENTEEN HUNDRED EIGHTEEN OR  SEVENTEEN
 HUNDRED  NINETEEN  OF  THIS  ARTICLE UNLESS (I) THE HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER OR SUCH HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER'S  REPRESEN-
 TATIVE  AND  THE  HIGH-VOLUME  FOR-HIRE  VEHICLE SERVICE FAIL TO REACH A
 RESOLUTION WITHIN FIFTEEN DAYS AFTER COMMENCEMENT OF AN INFORMAL  RESOL-
 UTION PROCESS PURSUANT TO THIS SECTION, OR (II) THE HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER HAS OPTED OUT OF THE INFORMAL RESOLUTION PROCESS PURSUANT
 TO THIS SECTION, IN A FORM AND MANNER SPECIFIED BY THE OFFICE.
   § 1724. REPORTING; RECORDS; INFORMATION. 1. NO LESS THAN ANNUALLY, THE
 OFFICE  SHALL MAKE AVAILABLE ON THE OFFICE'S WEBSITE A REPORT ON DEACTI-
 VATIONS AND ALLEGED VIOLATIONS OF SECTION SEVENTEEN HUNDRED EIGHTEEN  OR
 SEVENTEEN HUNDRED NINETEEN OF THIS ARTICLE DURING THE PRECEDING CALENDAR
 YEAR.  THE OFFICE SHALL PROMULGATE RULES REQUIRING THAT HIGH-VOLUME FOR-
 HIRE VEHICLE SERVICES PRODUCE ANONYMIZED, AGGREGATED DATA  NECESSARY  TO
 PREPARE SUCH REPORT. SUCH REPORT SHALL INCLUDE, WITH RESPECT TO THE YEAR
 A. 10101                           26
 
 PRECEDING  THE  RELEASE  OF  SUCH  REPORT: (A) THE NUMBER OF HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVERS EACH HIGH-VOLUME FOR-HIRE VEHICLE SERVICE DEAC-
 TIVATED FOR JUST CAUSE, EGREGIOUS MISCONDUCT,  AND  BONA  FIDE  ECONOMIC
 REASONS;  (B)  THE  NUMBER  OF  HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WHO
 FILED COMPLAINTS WITH THE OFFICE ALLEGING VIOLATIONS OF  SECTION  SEVEN-
 TEEN  HUNDRED EIGHTEEN OR SEVENTEEN HUNDRED NINETEEN OF THIS ARTICLE AND
 THE OUTCOMES OF SUCH COMPLAINTS; (C) THE NUMBER OF HIGH-VOLUME  FOR-HIRE
 VEHICLE  DRIVERS  WHO  INITIATED AN INFORMAL RESOLUTION PROCESS; (D) THE
 NUMBER OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WHO REACHED  AN  INFORMAL
 RESOLUTION  WITH  A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE; (E) THE NUMBER
 OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS WHO  COMMENCED  ARBITRATIONS  OR
 PRIVATE  ACTIONS  THAT  INCLUDE  CLAIMS  ALLEGING  VIOLATIONS OF SECTION
 SEVENTEEN HUNDRED EIGHTEEN OR SEVENTEEN HUNDRED NINETEEN OF THIS ARTICLE
 AND THE OUTCOMES OF SUCH PROCEEDINGS; AND (F) ANY OTHER INFORMATION  THE
 OFFICE  DEEMS  RELEVANT.  UNTIL ALL HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS
 PLACED ON A WAITLIST PURSUANT TO SECTION SEVENTEEN HUNDRED  NINETEEN  OF
 THIS ARTICLE HAVE HAD THEIR DRIVER PLATFORM ACCESS RESTORED, SUCH REPORT
 SHALL  ALSO  INCLUDE  THE NUMBER OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS
 WITH PRIOR DEACTIVATIONS WHO PETITIONED A HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE  FOR  REINSTATEMENT OR RESTORATION OF THEIR ACCESS TO SUCH HIGH-
 VOLUME FOR-HIRE VEHICLE SERVICE'S DRIVER  PLATFORM  AND  THE  NUMBER  OF
 HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVERS  WHO  WERE  PLACED ON A WAITLIST
 PURSUANT TO SECTION SEVENTEEN HUNDRED NINETEEN OF THIS ARTICLE.
   2. (A) A HIGH-VOLUME FOR-HIRE VEHICLE  SERVICE  SHALL  RETAIN  RECORDS
 DOCUMENTING  ITS  COMPLIANCE  WITH  THE  APPLICABLE REQUIREMENTS OF THIS
 ARTICLE FOR A PERIOD OF THREE YEARS AND SHALL ALLOW THE OFFICE TO ACCESS
 SUCH RECORDS AND OTHER INFORMATION, CONSISTENT WITH APPLICABLE  LAW  AND
 IN  ACCORDANCE  WITH RULES OF THE OFFICE AND WITH APPROPRIATE NOTICE, IN
 FURTHERANCE OF AN INVESTIGATION CONDUCTED PURSUANT TO  THIS  ARTICLE.  A
 HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  SHALL MAINTAIN RECORDS IN THEIR
 ORIGINAL FORMAT AND PROVIDE SUCH RECORDS TO THE OFFICE IN THEIR ORIGINAL
 FORMAT OR A MACHINE-READABLE ELECTRONIC FORMAT AS SET FORTH IN RULES  OF
 THE  OFFICE. THE OFFICE MAY PROMULGATE RULES CONCERNING THE MAINTENANCE,
 RETENTION, AND PROVISION BY A HIGH-VOLUME FOR-HIRE  VEHICLE  SERVICE  OF
 DATA  NECESSARY  TO  THE IMPLEMENTATION AND ENFORCEMENT OF THIS ARTICLE,
 WHICH MAY INCLUDE A REQUIREMENT  THAT  A  HIGH-VOLUME  FOR-HIRE  VEHICLE
 SERVICE  ADHERE  TO  A UNIFORM SYSTEM OF RECORDS AND SUBMIT SUCH RECORDS
 AND OTHER REPORTS AS THE OFFICE MAY DETERMINE, IN ACCORDANCE WITH APPLI-
 CABLE LAW AND RULES AND WITH APPROPRIATE NOTICE.
   (B) THE FAILURE OF A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE TO MAINTAIN,
 RETAIN, OR PRODUCE A RECORD OR OTHER INFORMATION REQUIRED  TO  BE  MAIN-
 TAINED  BY THIS ARTICLE AND REQUESTED BY THE OFFICE IN FURTHERANCE OF AN
 INVESTIGATION CONDUCTED PURSUANT TO THIS ARTICLE THAT IS RELEVANT  TO  A
 MATERIAL  FACT  ALLEGED  BY  THE  OFFICE IN A NOTICE OF VIOLATION ISSUED
 PURSUANT TO THIS ARTICLE CREATES A REBUTTABLE PRESUMPTION THAT SUCH FACT
 IS TRUE.
   (C) TO IMPLEMENT OR ENFORCE THE PROVISIONS OF THIS ARTICLE, THE OFFICE
 MAY ISSUE AN ORDER OR SUBPOENA FOR THE PRODUCTION  OF  DATA,  DOCUMENTS,
 TESTIMONY,  OR  OTHER  INFORMATION  FROM  A HIGH-VOLUME FOR-HIRE VEHICLE
 SERVICE. SUCH DATA,  DOCUMENTS,  TESTIMONY,  OR  OTHER  INFORMATION  MAY
 INCLUDE, BUT ARE NOT LIMITED TO, INFORMATION ABOUT THE DATA THAT A HIGH-
 VOLUME  FOR-HIRE  VEHICLE SERVICE MONITORS, COLLECTS, OR STORES ABOUT OR
 FROM A HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER  OR  PASSENGER;  INFORMATION
 ABOUT  DISCIPLINE  IMPOSED ON A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER; AND
 ANY OTHER INFORMATION DEEMED RELEVANT BY THE OFFICE. IN ACCORDANCE  WITH
 APPLICABLE  LAW  AND  RULES  AND  UPON REASONABLE NOTICE OF NO LESS THAN
 A. 10101                           27
 
 FOURTEEN DAYS, A PERSON WHO RECEIVES A REQUEST  OR  SUBPOENA  FOR  DATA,
 DOCUMENTS,  OR  OTHER INFORMATION PURSUANT TO THIS SECTION SHALL PRODUCE
 SUCH DATA, DOCUMENTS OR INFORMATION TO THE OFFICE IN ITS ORIGINAL FORMAT
 OR  A  MACHINE-READABLE  ELECTRONIC  FORMAT AS SET FORTH IN RULES OF THE
 OFFICE.
   3. THE OFFICE SHALL ESTABLISH A PROGRAM THAT PROVIDES INFORMATION  AND
 ASSISTANCE  TO  HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVERS  RELATING TO THE
 PROVISIONS OF THIS ARTICLE. SUCH PROGRAM SHALL INCLUDE ASSISTANCE  BY  A
 NATURAL  PERSON  BY  PHONE  AND  EMAIL AND OUTREACH AND EDUCATION TO THE
 PUBLIC RELATING TO THE PROVISIONS OF THIS ARTICLE.   SUCH PROGRAM  SHALL
 NOT  PROVIDE LEGAL ADVICE BUT MAY PROVIDE GENERAL INFORMATION AND REFER-
 RALS TO LEGAL SERVICE PROVIDERS. THE STATE MAY PROVIDE ACCESS  TO  LEGAL
 SERVICES  TO ASSIST A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER IN CHALLENGING
 A DEACTIVATION, OR IMPENDING DEACTIVATION FOR WHICH A  HIGH-VOLUME  FOR-
 HIRE  VEHICLE DRIVER RECEIVED A NOTICE OF LAYOFF PURSUANT TO SUBDIVISION
 FOUR OF SECTION SEVENTEEN HUNDRED EIGHTEEN, AS UNLAWFUL PURSUANT TO THIS
 ARTICLE. THE ATTORNEY GENERAL MAY DESIGNATE  AN  APPROPRIATE  AGENCY  OR
 OTHER ENTITY OF THE CITY TO CONTRACT FOR SUCH LEGAL SERVICES WITH ONE OR
 MORE QUALIFIED NON-PROFIT LEGAL SERVICES ORGANIZATIONS.
   § 1725. PROGRESSIVE DISCIPLINE POLICY. 1. A HIGH-VOLUME FOR-HIRE VEHI-
 CLE  SERVICE SHALL MAINTAIN A WRITTEN PROGRESSIVE DISCIPLINE POLICY IN A
 SINGLE WRITING AND ADHERE TO SUCH POLICY.
   2. THE WRITTEN POLICY REQUIRED PURSUANT TO  SUBDIVISION  ONE  OF  THIS
 SECTION  SHALL  SATISFY ALL REQUIREMENTS OF THIS ARTICLE AND, AT A MINI-
 MUM, ADDRESS THE FOLLOWING:
   (A) TYPES OF MISCONDUCT BY A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER  THAT
 MAY WARRANT DISCIPLINE;
   (B) ANY PERFORMANCE STANDARDS USED TO ASSESS FAILURE TO SATISFACTORILY
 PERFORM JOB DUTIES BY A HIGH-VOLUME FOR-HIRE DRIVER;
   (C)  DISCIPLINARY  MEASURES  THAT MAY BE APPLIED TO A HIGH-VOLUME FOR-
 HIRE VEHICLE DRIVER, INCLUDING BUT NOT LIMITED TO DEACTIVATION;
   (D) PROCEDURES FOR NOTIFYING A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER  OF
 DISCIPLINARY  MEASURES  THAT  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE
 INTENDS TO TAKE AGAINST SUCH HIGH-VOLUME  FOR-HIRE  VEHICLE  DRIVER  AND
 PROVIDING AN OPPORTUNITY TO RESPOND; AND
   (E)  PROCEDURES FOR APPLYING DISCIPLINE AGAINST A HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER.
   3. THE WRITTEN POLICY REQUIRED PURSUANT TO  SUBDIVISION  ONE  OF  THIS
 SECTION  SHALL  BE  CLEAR AND SPECIFIC SUCH THAT A REASONABLE PERSON CAN
 UNDERSTAND THE ACTS AND OMISSIONS THAT MAY  RESULT  IN  DEACTIVATION  OR
 OTHER DISCIPLINARY MEASURES.
   4.  THE  WRITTEN  POLICY  REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL INCLUDE A NOTICE OF RIGHTS OF HIGH-VOLUME FOR-HIRE VEHICLE
 DRIVERS THAT THE OFFICE SHALL PUBLISH AND MAKE AVAILABLE ON THE OFFICE'S
 WEBSITE.
   5. A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL  PROVIDE  THE  WRITTEN
 POLICY  REQUIRED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION TO EACH
 HIGH-VOLUME FOR-HIRE VEHICLE DRIVER HIRED, RETAINED, OR ENGAGED BY  SUCH
 HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  IN  ENGLISH  AND  IN  ANY OTHER
 LANGUAGE AS THE OFFICE MAY DETERMINE BY  RULE.  A  HIGH-VOLUME  FOR-HIRE
 VEHICLE  SERVICE  SHALL PROVIDE SUCH POLICY TO EACH HIGH-VOLUME FOR-HIRE
 VEHICLE DRIVER NO LATER THAN THE EFFECTIVE DATE OF THIS SUBDIVISION,  OR
 PRIOR TO SUCH HIGH-VOLUME FOR-HIRE VEHICLE DRIVER'S FIRST TRIP, WHICHEV-
 ER IS LATER, IN A FORM AND MANNER THAT THE OFFICE MAY DETERMINE BY RULE.
   6.  A  HIGH-VOLUME FOR-HIRE VEHICLE SERVICE SHALL NOTIFY EACH HIGH-VO-
 LUME FOR-HIRE VEHICLE  DRIVER  OF  ANY  CHANGE  TO  THE  WRITTEN  POLICY
 A. 10101                           28
 
 REQUIRED  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION AT LEAST FOURTEEN
 DAYS BEFORE SUCH CHANGE TAKES EFFECT.
   § 1726. EXCEPTIONS. THIS SUBCHAPTER SHALL NOT:
   1. APPLY TO THE DEACTIVATION OF ANY HIGH-VOLUME FOR-HIRE VEHICLE DRIV-
 ER  BY  A  HIGH-VOLUME  FOR-HIRE  VEHICLE  SERVICE  DURING SUCH DRIVER'S
 PROBATION PERIOD WITH SUCH SERVICE;
   2. LIMIT OR OTHERWISE AFFECT THE APPLICABILITY OF ANY RIGHT OR BENEFIT
 CONFERRED UPON OR AFFORDED TO A HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER  BY
 THE  PROVISIONS OF ANY OTHER LAW, REGULATION, RULE, REQUIREMENT, POLICY,
 OR STANDARD INCLUDING BUT NOT LIMITED TO ANY FEDERAL,  STATE,  OR  LOCAL
 LAW PROVIDING FOR PROTECTIONS AGAINST RETALIATION OR DISCRIMINATION;
   3.  LIMIT  OR OTHERWISE AFFECT THE AUTHORITY OF THE TAXI AND LIMOUSINE
 COMMISSION TO ISSUE, REVOKE, OR  SUSPEND  THE  LICENSES  OF  HIGH-VOLUME
 FOR-HIRE VEHICLE DRIVERS; OR
   4.  LIMIT  OR OTHERWISE PREVENT A HIGH-VOLUME FOR-HIRE VEHICLE SERVICE
 FROM DEACTIVATING A HIGH-VOLUME FOR-HIRE VEHICLE  DRIVER  WHOSE  LICENSE
 HAS  BEEN  REVOKED OR DEACTIVATING A HIGH-VOLUME FOR-HIRE VEHICLE DRIVER
 WHOSE LICENSE HAS BEEN SUSPENDED FOR THE DURATION OF THE SUSPENSION.
   § 11. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.

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Assembly Bill A10101

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Sponsored By

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Current Bill Status - In Assembly Committee

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