Taxi driver licence appeals service revocation and refuse

Taxi licence appeals can be complex and in order to have the highest chance of success you need to be discussing your case with a dedicated taxi defence lawyer. The taxi licensing authorities have wide reaching authority to revoke and suspend licences. On occasion these powers can be misapplied and these issues can be successfully appealed at the District Court or the Administrative Court for Trade and Industry. Getting the correct advice and intervening at the earliest possible stage can be critical. On occasion, through careful negotiation and mediation a licensing authority may be persuaded to reinstate a taxi licence without going to the District Court or the Administrative Court for Trade and Industry. This of course would depend on the facts of the individual case.

Decision deadline exceeded

If the public body fails to take a decision by the legal deadline, you can send them a so-called notice of default. This will give them a grace period of two (2) weeks to reach the decision. If they still fail to do so, you can appeal to the administrative court immediately. You are not obliged to hire an Attorney for the objection or appeals procedure.

Objections

You must submit a notice of objection to the public body agency that took the decision in question by no later than six (6) weeks after you received the decision or after the decision was published. The public body must take a decision within six (6) weeks after the day on which the submission period for the letter of objection has elapsed. If an advisory committee is being formed, the decision period is twelve (12) weeks. Both periods may be extended by six (6) weeks.

Penalty when deciding late

If the public body fails to take a decision by the prescribed deadline, you are entitled to a penalty payment. You can use the (Dutch-language) Penalty payment for late decisions form to obtain this payment. The Tax and Customs Administration has an own Penalty form in the event of an overdue decision (in Dutch).

How MR. VAN LEEUWEN (LL.M., ESQ) can help:

Taxi Driver Licence Revoked | Objection and Review

The KIWA has powers to revoke a taxi driver licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘fit and proper person‘.

Taxi Company Licence Revoked | Objection

The KIWA has powers to revoke a taxi company licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a company, the KIWA must be satisfied that the applicant is a ‘proper entity‘

TTO Licence Revoked | Objection and Review

A local council (e.g. DBI) has powers to revoke a taxi licence, but can a council actually prevent you from being granted a taxi licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the local council must be satisfied that the applicant is a ‘fit and proper person‘.

Taxi Driver Licence Refused | Objection and Review

The KIWA has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘fit and proper person‘.

Taxi Company Licence Refused | Objection

The KIWA has powers to refuse a taxi company licence, but can a council actually prevent you from being granted a taxi company licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘proper entity‘.

TTO Licence Refused | Objection and Review

A local council (e.g. DBI) has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the local council must be satisfied that the applicant is a ‘fit and proper person‘.

Administrative procedural law (objections and appeal)

If you disagree with a decision of a public body, you can often lodge an objection, for example if your licence application has been rejected or if someone else obtains a licence which is harmful to your interests. If you disagree with the decision in response to your objection, you can appeal to the courts in most cases. In most cases, you can also lodge an appeal against the court’s decision with the Administrative Jurisdiction Division of the Council of State, the Central Appeals Tribunal or the Trade and Industry Appeals Tribunal

The notice of objection and corresponding procedure

Notices of objection can be submitted by the interested parties, i.e. persons or organisations with a direct interest in a decision made by the Administrative body. If an interested party disagrees with a decision of the Administrative body, or if the Administrative body fails to make a decision within the applicable deadline, an interested party can submit a notice of objection to the decision or the failure to make a decision. A notice of objection must be submitted (in Dutch) in writing to the Administrative body within six (6) weeks after the date on which the decision is announced.

Appeal and the appeal procedure

An interested party can appeal against a decision on a notice of objection by filing an appeal with the Administrative Court within six (6) weeks after the date on which the decision on the objection is announced. The Administrative Court will then take the notification of appeal into consideration. If this notification of appeal does not comply with specific formalities, it could be declared inadmissible. In most cases, however, the notification of appeal will continue to be processed.

Appeal against a decision of an Administrative Court’s decision

In most cases, you can also lodge an appeal against the court’s decision with:

  • The Central Appeals Tribunal
  • The Trade and Industry Appeals Tribunal
  • The Administrative Jurisdiction Division of the Council of State

Enforcement:

Enforcement is focussed on promoting compliance with legal rules or to prevent (further) breaches of these rules. If someone does not fulfil the administrative law regulations then the public body can use various enforcement tools. An interested party can also submit an application for enforcement to the public body. The public body can decide following this application to proceed with enforcement. There are several enforcement tools for this which a public body, such as the Board of Mayor and Aldermen, can use; an order for administrative coercion, order subject to a penalty and administrative penalty.

Administrative Coercion

Before one proceeds with the actual implementation of administrative coercion, the offender, subject to the exception of very urgent cases, must be informed of the decision about the breach and of the period in which the offender must personally remedy the breach.

Administrative Penalty

An order for administrative coercion is not always the obvious choice, as is the case in regularly reoccurring or continuing breaches. In these cases it is often more effective to give the offender a period of time in which to cease the breach or to prevent the repeat of the breach. If the offender does not do so he or she will have to pay a penalty.

Administrative Fine

Contrary to the remedial sanctions of an order for administrative coercion and an order subject to a penalty, the administrative penalty is a punishing sanction.

Private-sector security guard licence appeals service revocation and refuse

Security Guard licence appeals are a specialised area of the law. With security guards in the Netherlands it is not unusual for issues to come up with regard to licensing. Security Guard licence appeals can be complex and in order to have the highest chance of success you need to be discussing your case with a dedicated lawyer. The Justis Department (Judicial agency for Testing, Integrity and Screening) have wide reaching authority to revoke and refuse licences. Often you will have a right to object directly to the Licensing committee (Justis Department). There is a right of appeal to the District Court if the licensing committee (Justis Department) uphold the refusal and thereafter in certain circumstances to the Administrative Jurisdiction Division of the Council of State.

Decision deadline exceeded

If the public body fails to take a decision by the legal deadline, you can send them a so-called notice of default. This will give them a grace period of two (2) weeks to reach the decision. If they still fail to do so, you can appeal to the administrative court immediately. You are not obliged to hire an Attorney for the objection or appeals procedure.

Objections

You must submit a notice of objection to the public body agency that took the decision in question by no later than six (6) weeks after you received the decision or after the decision was published. The public body must take a decision within six (6) weeks after the day on which the submission period for the letter of objection has elapsed. If an advisory committee is being formed, the decision period is twelve (12) weeks. Both periods may be extended by six (6) weeks.

Penalty when deciding late

If the public body fails to take a decision by the prescribed deadline, you are entitled to a penalty payment. You can use the (Dutch-language) Penalty payment for late decisions form to obtain this payment. The Tax and Customs Administration has an own Penalty form in the event of an overdue decision (in Dutch).

How MR. VAN LEEUWEN (LL.M., ESQ) can help

Security Guard or Company Licence Refused | Objection and Review

If you are a security guard, you know that you need to protect your licence, after all, it’s your livelihood! Equally, if you are a professional preparing for a security guard exam and learning ‘the knowledge’ you would be very concerned if you were to have your licence application refused. In either case, we can assist you. We assist many hard working security guards with the legal complexities that come with security guard licence appeals, including both security guard licence refusal and security guard licence revocation.

Security Guard or Company Licence Revoked | Objection and Review

If you are a security guard, you know that you need to protect your licence, after all, it’s your livelihood! Equally, if you are a professional preparing for a security guard exam and learning ‘the knowledge’ you would be very concerned if you were to have your licence application refused. In either case, we can assist you. We assist many hard working security guards with the legal complexities that come with security guard licence appeals, including both security guard licence refusal and security guard licence revocation

Administrative procedural law (objections and appeal)

If you disagree with a decision of a public body, you can often lodge an objection, for example if your licence application has been rejected or if someone else obtains a licence which is harmful to your interests. If you disagree with the decision in response to your objection, you can appeal to the courts in most cases. In most cases, you can also lodge an appeal against the court’s decision with the Administrative Jurisdiction Division of the Council of State, the Central Appeals Tribunal or the Trade and Industry Appeals Tribunal

The notice of objection and corresponding procedure

Notices of objection can be submitted by the interested parties, i.e. persons or organisations with a direct interest in a decision made by the Administrative body. If an interested party disagrees with a decision of the Administrative body, or if the Administrative body fails to make a decision within the applicable deadline, an interested party can submit a notice of objection to the decision or the failure to make a decision. A notice of objection must be submitted (in Dutch) in writing to the Administrative body within six (6) weeks after the date on which the decision is announced.

Appeal and the appeal procedure

An interested party can appeal against a decision on a notice of objection by filing an appeal with the Administrative Court within six (6) weeks after the date on which the decision on the objection is announced. The Administrative Court will then take the notification of appeal into consideration. If this notification of appeal does not comply with specific formalities, it could be declared inadmissible. In most cases, however, the notification of appeal will continue to be processed.

Appeal against a decision of an Administrative Court’s decision

In most cases, you can also lodge an appeal against the court’s decision with:

  • The Central Appeals Tribunal
  • The Trade and Industry Appeals Tribunal
  • The Administrative Jurisdiction Division of the Council of State

Enforcement: Administrative Coercion, Administrative Penalties and Administrative Fines

Enforcement is focussed on promoting compliance with legal rules or to prevent (further) breaches of these rules. If someone does not fulfil the administrative law regulations then the public body can use various enforcement tools. An interested party can also submit an application for enforcement to the public body. The public body can decide following this application to proceed with enforcement. There are several enforcement tools for this which a public body, such as the Board of Mayor and Aldermen, can use; an order for administrative coercion, order subject to a penalty and administrative penalty.

Administrative Coercion

Before one proceeds with the actual implementation of administrative coercion, the offender, subject to the exception of very urgent cases, must be informed of the decision about the breach and of the period in which the offender must personally remedy the breach.

Administrative Penalty

An order for administrative coercion is not always the obvious choice, as is the case in regularly reoccurring or continuing breaches. In these cases it is often more effective to give the offender a period of time in which to cease the breach or to prevent the repeat of the breach. If the offender does not do so he or she will have to pay a penalty.

Administrative Fine

Contrary to the remedial sanctions of an order for administrative coercion and an order subject to a penalty, the administrative penalty is a punishing sanction.

Private-Sector Detective licence appeals service revocation and refuse

Private Detective licence appeals are a specialised area of the law. With private detectives in the Netherlands it is not unusual for issues to come up with regard to licensing. Private Detective licence appeals can be complex and in order to have the highest chance of success you need to be discussing your case with a dedicated lawyer. The Justis Department (Judicial agency for Testing, Integrity and Screening) have wide reaching authority to revoke and refuse licences. Often you will have a right to object directly to the Licensing committee (Justis Department). There is a right of appeal to the District Court if the licensing committee (Justis Department) uphold the refusal and thereafter in certain circumstances to the Administrative Jurisdiction Division of the Council of State.

Decision deadline exceeded

If the public body fails to take a decision by the legal deadline, you can send them a so-called notice of default. This will give them a grace period of two (2) weeks to reach the decision. If they still fail to do so, you can appeal to the administrative court immediately. You are not obliged to hire an Attorney for the objection or appeals procedure.

Objections

You must submit a notice of objection to the public body agency that took the decision in question by no later than six (6) weeks after you received the decision or after the decision was published. The public body must take a decision within six (6) weeks after the day on which the submission period for the letter of objection has elapsed. If an advisory committee is being formed, the decision period is twelve (12) weeks. Both periods may be extended by six (6) weeks.

Penalty when deciding late

If the public body fails to take a decision by the prescribed deadline, you are entitled to a penalty payment. You can use the (Dutch-language) Penalty payment for late decisions form to obtain this payment. The Tax and Customs Administration has an own Penalty form in the event of an overdue decision (in Dutch).

How MR. VAN LEEUWEN (LL.M., ESQ) can help:

Private Detective or Company Licence Refused | Objection and Review

If you are facing private detective or company licence refuse, you need to think about making a Private Detective Licence Refuse Objection. Getting your licence refused can have a devastating effect on your career, your livelihood and your dependants.

Private Detective or Company Licence Revoked | Objection and Review

If you are facing private detective or company licence revocation, you need to think about making a Private Detective or Company Licence Revoked Objection. Getting your licence revoked can have a devastating effect on your career, your livelihood and your dependants.

Administrative procedural law (objections and appeal)

If you disagree with a decision of a public body, you can often lodge an objection, for example if your licence application has been rejected or if someone else obtains a licence which is harmful to your interests. If you disagree with the decision in response to your objection, you can appeal to the courts in most cases. In most cases, you can also lodge an appeal against the court’s decision with the Administrative Jurisdiction Division of the Council of State, the Central Appeals Tribunal or the Trade and Industry Appeals Tribunal

The notice of objection and corresponding procedure

Notices of objection can be submitted by the interested parties, i.e. persons or organisations with a direct interest in a decision made by the Administrative body. If an interested party disagrees with a decision of the Administrative body, or if the Administrative body fails to make a decision within the applicable deadline, an interested party can submit a notice of objection to the decision or the failure to make a decision. A notice of objection must be submitted (in Dutch) in writing to the Administrative body within six (6) weeks after the date on which the decision is announced.

Appeal and the appeal procedure

An interested party can appeal against a decision on a notice of objection by filing an appeal with the Administrative Court within six (6) weeks after the date on which the decision on the objection is announced. The Administrative Court will then take the notification of appeal into consideration. If this notification of appeal does not comply with specific formalities, it could be declared inadmissible. In most cases, however, the notification of appeal will continue to be processed.

Appeal against a decision of an Administrative Court’s decision

In most cases, you can also lodge an appeal against the court’s decision with:

  • The Central Appeals Tribunal
  • The Trade and Industry Appeals Tribunal
  • The Administrative Jurisdiction Division of the Council of State

Enforcement: Administrative Coercion, Administrative Penalties and Administrative Fines

Enforcement is focussed on promoting compliance with legal rules or to prevent (further) breaches of these rules. If someone does not fulfil the administrative law regulations then the public body can use various enforcement tools. An interested party can also submit an application for enforcement to the public body. The public body can decide following this application to proceed with enforcement. There are several enforcement tools for this which a public body, such as the Board of Mayor and Aldermen, can use; an order for administrative coercion, order subject to a penalty and administrative penalty.

Administrative Coercion

Before one proceeds with the actual implementation of administrative coercion, the offender, subject to the exception of very urgent cases, must be informed of the decision about the breach and of the period in which the offender must personally remedy the breach.

Administrative Penalty

An order for administrative coercion is not always the obvious choice, as is the case in regularly reoccurring or continuing breaches. In these cases it is often more effective to give the offender a period of time in which to cease the breach or to prevent the repeat of the breach. If the offender does not do so he or she will have to pay a penalty.

Administrative Fine

Contrary to the remedial sanctions of an order for administrative coercion and an order subject to a penalty, the administrative penalty is a punishing sanction.

Enforcement by a Regulatory Authority (or Inspectorate)

Regulatory Authorities (or Inspectorates) enforce regulation through their inspections, such as the DNB and AFM. When an offence is established, an administrative penalty is usually imposed by the Regulatory Authority (or Inspectorate). The Regulatory Authority (or Inspectorate) can also issue a penalty or administrative coercion. An Attorney can lodge an objection against a decision by a Regulatory Authority (or Inspectorate) to issue a fine, periodic penalty payment or administrative coercion. An Attorney may also be present during the Inspectorate of the Regulatory Authority (or Inspectorate). Furthermore, if a Regulatory Authority (or Inspectorate) has signalled that it is going to investigate, an Attorney can advise what authorizations the authority has, how far the obligation to cooperate extends and explain the right to remain silent and when this right can be invoked during the investigation.

Investigation followed by a penalty due to violation by a corporate entity

A corporate entity receives a fine when the Regulatory Authority (or Inspectorate) finds one or more violations. The Supervisor will then draw up a penalty report which includes, among other things, the violation(s) committed by the corporate entity. The Regulatory Authority (or Inspectorate) can also include a statement from employees in the report. The penalty report is sent to the Inspectorate with the supporting documents. The offending corporate entity is also entitled to the penalty report. It is important for you and your attorney to check for any inaccuracies in the report, as the report is the basis for the fines imposed by the Regulatory Authority (or Inspectorate). The amount of the fine is not discussed by the Regulatory Authority (or Inspectorate). The amount of the fine is legally determined or in line with the standard amount for fines.

Corporate entity raids by the Regulatory Authority (or Inspectorate)

A corporate entity can get a request or visit from an Inspectorate. Do contact your Attorney, as you are entitled to your attorney’s presence during the Inspectorate. Furthermore, a raid on your corporate entity is a distinct possibility. An Attorney in the Netherlands can advise when to invoke your right to remain silent (art. 5:10(a) Dutch General Administrative Act) and when you have an obligation to cooperate (art. 5:20 Dutch General Administrative Act). An administrative attorney is able to advise companies on issues arising from inspections or raids by regulatory authorities. There are a number of authorities that have the competence to inspect or raid a corporate entity, including the SWZ, ILT, the Fiod, the ACM, the AFM or the Dutch Customs Authority.

Right to remain silent when a Regulatory Authority (or Inspectorate) is conducting an investigation

  • If you are heard as a suspect, you can invoke your right to remain silent and call your attorney. If you are heard as a witness you must invoke your duty of confidentiality (by virtue of your professional rules) and refuse to answer the questions posed.
  • If you are questioned alone, you must invoke your right to remain silent/or invoke your duty of confidentiality and state that the office directive or corporate entity protocol is that such a confrontation must always be made in the presence of another colleague/ or you must invoke your right to have your attorney present.
  • The Inspectorate / Supervisor can only require cooperation if this is reasonably necessary for the investigation. In principle, it is for the authority to decide which information is necessary.

Right to remain silent during an inspection and warning that answering is not mandatory (caution)

  • Art. 5:10a of the Dutch General Administrative Act provides an obligation to provide the suspect with a caution before the interrogation, as the suspect has a right to remain silent as soon as he is being interrogated ‘with a view of imposing a punitive sanction on him’.
  • Whether there is a duty to cooperate under art. 5:20(1) of the Dutch General Administrative Act depends on the facts and the circumstances of the case. A request for cooperation must be met on first demand.

Request from the Inspectorate /Supervisor to provide details and documents

  • The obligation to provide ‘cooperation such as which the Inspectorate / Supervisor can reasonably demand’ also includes the obligation to retain certain information concerning the possibility to exercise the powers given under art. 5:16 Dutch General Administrative Act and art. 5:17 Dutch General Administrative Act.
  • What material can/ should you provide to the Inspectorate? This issue can be very complex (and sensitive); consult your attorney on this issue. Art 5:20 Dutch General Administrative Act is limited by the right not to incriminate oneself. Case law has indicated a distinction between independent material and will-dependent material. The starting point is that the right not to incriminate oneself does not apply to independent material. Consideration must also be given to the nature of the material (is it dependent on the will of the person?), not on whether the material can be procured without the involvement of the person concerned.

Announcement by the authority of a fine or penalty payment

Before enforcing the decision, the intention to impose a fine, penalty payment or administrative order must be made known to the offender. He has the right to submit his own opinion against the intention to take a decision. It is advisable to do that and instruct an attorney to give the opinion in writing. In practice, the Regulatory Authority (or Inspectorate) also issues an informal warning, where the Regulatory Authority (or Inspectorate) indicates whether it will impose a fine, penalty payment or administrative order if the violation is not terminated.

Opinion against intention to take a decision

Your attorney should preferably submit the opinion against the intention to take a decision in writing. An attorney will be able to draw up the opinion. It is important to properly portray all the facts and circumstances to the Regulatory Authority (or Inspectorate). It can, for example, be explained that there was a justification for the infringement. It is also possible it is not the accused, but another person who was responsible for the committed offence. This can lead to uncertainty regarding who the perpetrator was. In response to the opinion, the Regulatory Authority (or Inspectorate) can decide to take another measure or drop the investigation altogether. The opinion can also be used as the basis for a notice of objection if the

Right to submit an opinion in case of a penalty payment, administrative decision and administrative fine

The offender has a right to submit an opinion as soon as the Regulatory Authority (or Inspectorate) has indicated that it will pursue enforcement. The intention to impose a penalty payment, administrative decision or administrative fine must be sufficiently motivated by the facts and circumstances of the case. Before imposing an administrative fine, the Regulatory Authority (or Inspectorate) must send the offender a report. It is important for the offender to carefully study the penalty report and check the facts and circumstances. The Regulatory Authority (or Inspectorate) must give a reasonable term for the offender to give his opinion. If the deadline is deemed too short, your attorney may request a postponement. The opinion by the offender can also be made orally, if there is a need for it. The Regulatory Authority (or Inspectorate) can only eliminate the possibility of review in urgent cases.

Proof of violation under Dutch law and penalty report

The Supervisory body assesses the penalty report and determines whether the violation has been proven. The Supervisory authority calculates the fine based on the standard penalty rates. The offender then receives a written notification of the regulatory authorities intention to impose a penalty. You should submit your reaction within two weeks of receiving the notification. It is often useful for an administrative attorney to draw up the opinion. The Supervisory body will then asses the opinion in light of the intention to impose a penalty, whereafter you will receive a letter stating whether or not you have received a fine and how high this fine is. This is the decision to impose a fine. The offender will then receive an acceptgiro from the Centraal Justitieel Incasso Bureau (CJIB).

Submitting an appeal against a decision to impose a fine by the Dutch Supervisory body

You can object against the decision to impose a fine within six weeks of the decision. The notice of objection must meet a number of statutory requirements. A administrative attorney can write a motivated appeal, if you choose to challenge the decision. You can also use your right to be heard by the Supervisory body, though that is not mandatory. It is often useful to do this with your attorney, however, to explain your position well and give the Supervisory body the opportunity to ask questions. The decision following the notice of objection usually takes place within 12 weeks of the last day that you could have filed the notice of objection. If a hearing has taken place, the report of the hearing will be attached to the decision. If an Attorney has objected on behalf of the corporate entity, the decision will be sent to this authorized representative.

Appeal to Dutch court following rejection of notice of objection

If the notice of objection is rejected by the Dutch regulator you can lodge an appeal with the Dutch administrative court. One of our administrative attorneys can handle this for you. Only at this stage can the judge pass judgment and shine a different light on the case. The court at which you can lodge the appeal is indicated at the bottom of the rejection. The appeal must be lodged within 6 weeks from the day in which the decision of the rejection was made known (the term starts on the day after the rejection was sent). Court fees will have to be paid when appealing to a court. Your attorney can also pro forma appeal on further grounds. In the appeal proceedings against the Supervisory body, an oral hearing also takes place at the administrative court. You should be present at the hearing with your attorney so that the judge can ask you questions.

Statement of objection or appeal procedure does not suspend payment obligation for the fine

The starting point is that the corporate entity always has to pay the fine imposed by the Dutch Regulatory Authority (or Inspectorate) within the prescribed period, even if an appeal has been lodged. If it turns out that the fine was wrongly imposed, your penalty plus statutory interest will be reimbursed. However, there is an opportunity for your attorney to try to suspend the penalty decision, for example by submitting a request for provisional ruling to the administrative court. There must be a substantial interest in obtaining suspension or deferment of the administrative fine. Furthermore, under certain circumstances a payment arrangement is possible.

Complaint against the Dutch Supervisor

The Dutch Supervisor carries out tasks in the field of licensing and enforcement. You can contact the complaints committee if you have a genuine complaint about the conduct of the Inspectorate, the inspector or the conduct of one of the employees of the Supervisory body. The complaint commission will assess the complaint and inform the complainant about it.