1999 MAY - Laserfiche WebLink

6.40.105 having testing procedures conforming with Government Code section 53075.5. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the preemployment testing requirement for any subsequent employment, or any testing requirements under this Chapter other than periodic driver's permit renewal testing. D. In the case of a self-employed independent driver, the test results shall be reported directly to the Chief of Police, who will notify the taxicab company of record, if any, of positive results. In all other cases the results shall be reported directly to the em- ploying transportation operator, who is required to notify the Chief of Police of positive results. E. All test results are confidential and shall not be released without the consent of the driver, except as autho- rized or required by law. F. Certificate applicants shall be responsible for compliance with, and shall pay all costs of, this testing pro- gram with respect to their employees and potential employees, except that an applicant may require employees who test positive to pay the costs of rehabil- itation and of return-to-duty and fol- low-up testing. G. Upon the request of a driver ap- plying for a permit, the Chief of Police shall give the driver a list of the con- sortia certified pursuant to part 382 (commencing with section 382.101) of title 49 of the Code of Federal Regula- tions that are known by the Chief of Police to offer tests in or near Pleasanton. H. No evidence derived from a posi- tive test result pursuant to the program shall be admissible in a criminal prose- cution concerning unlawful possession, sale or distribution of controlled sub- stances. I. Pursuant to Federal law, and in accordance with section 34520(b)(1) of the Vehicle Code, upon the request of an authorized employee of the Police Department, holders of certificates and driver's permits shall make available for inspection copies of all results and other records pertaining to controlled substances and alcohol use and testing conducted pursuant to Federal law, and as specified in subdivision (a) of that section, including those records con- tained in individual driver qualification files. (Ord. 1744 § 1, 1998) 6.40.110 Suspension Or Revocation Hearing: Conditions that show sufficient justi- fication exists to suspend or revoke a certificate shall give cause for the Chief of Police to complete an investigation and document his or her findings. The Chief of Police shall then make a writ- ten determination, supported by find- ings, and forward such determination to the holder. The holder of a certificate may appeal the suspension or revoca- tion by sending a written notice of appeal to the Chief of Police within ten (Pleasanton 5-99) 1 $~