Application for a vehicle-for-hire operator's license shall
be made at the office of the Chief of Police. All applicants shall
set forth, under the penalties of perjury, such information as the
Chief of Police may require, including the following:
B. The applicant's residence, date of birth, place of birth, father's
name, mother's name, height, weight, complexion, color of hair and
of eyes, and social security number.
C. The number of the applicant's license to operate motor vehicles in
the commonwealth and the date of expiration of such license; said
license shall be displayed at the time of making application.
D. Any convictions, admission to sufficient facts, or pleas of nolo
contendere with regard to felony or misdemeanor offenses, stating
the courts in which such matters were heard, and the date of such
offenses.
E. Any traffic violations for which there was a finding of responsibility
for a period of three years prior to the date of the application for
the license or for such additional time as the Chief of Police shall
require.
F. Any civil or criminal court restraining orders currently in effect
against the applicant.
The Chief of Police may reject an application for a vehicle-for-hire
operator's license, or suspend, revoke, or fail to renew an existing
license if the operator fails to comply with these regulations or
commits any moving traffic violations. Further, when considering whether
to issue or deny an application, or to suspend, revoke, or fail to
renew an existing license, the Chief of Police will give significant
consideration and appropriate weight to any felony or misdemeanor
conviction, admission to sufficient facts, or entrance of a plea of
nolo contendere, taking into account all factors, including the nature
and gravity of the offense (including whether the crime is a felony
or a misdemeanor, a violent crime, a crime that poses a substantial
degree of dangerousness to minors and/or other vulnerable populations,
or a crime for which a person has been finally classified as having
a high risk of re-offense), the time that has passed since the conviction,
admission or entrance of a plea of nolo contendere, and the sensitive
nature of serving the public as an operator of a vehicle-for-hire.
The decision to approve or reject an application for a vehicle-for-hire
operator's license shall be made within 30 days after filing of the
application with the Chief of Police. If the application is rejected,
the applicant shall be informed in writing of the specific reasons
for the rejection and of the opportunity for a hearing before the
Board to review the decision. Any person aggrieved by the refusal
of the Chief of Police to grant a license may file a written appeal
to the Board of License Commissioners containing a complete statement
of the reasons why said refusal is unreasonable within 10 calendar
days of the denial. If the Board of License Commissioners finds that
said refusal is unreasonable, it may request the Chief of Police to
grant the license. The Board's failure to act within 30 days constitutes
a disapproval of the application.
[Amended 2-15-2012 by Order No. FY 12-085]
No vehicle-for-hire shall be operated unless the vehicle-for-hire
operator's license is conspicuously posted within the vehicle. Vehicle-for-hire
operators shall have in their possession a copy of these regulations,
which shall be exhibited to a passenger or police officer on demand.
The Chief of Police may suspend or revoke a license at any time for violation of the law or these regulations or as the public health and safety so require. The Chief of Police shall, as soon as is practicable, provide the licensee with written notice of the revocation or suspension and inform the licensee of the right to a hearing before the Board. A request for a hearing must be made in writing within 10 days of receipt of the notice. At the hearing, the licensee will have the opportunity to present testimony and other evidence and to be represented by a person of his/her choice. Upon suspension or revocation, said license shall be immediately surrendered to the Chief of Police. A request for a hearing shall not delay any suspension or revocation. A revoked license shall not be reinstated or reissued until the licensee has reapplied for a license as outlined in §§
538-26 and
538-27 and the Board finds that the licensee meets all the requirements for a license.
When the holder of a vehicle-for-hire operator's license changes
his/her home address or place of employment, the holder shall notify
the Chief of Police in writing within five days.
Written notice shall be given to the Chief of Police by a vehicle-for-hire
business license holder when a licensed vehicle-for-hire operator
ceases to be employed by the business. This notice shall be given
within five days of such termination.
A vehicle-for-hire operator's license shall be valid from the
date of issue until December 31 and then renewable on an annual basis,
unless sooner revoked or suspended. On payment of the prescribed fee,
a licensee shall be issued a new license unless the license has been
previously revoked or suspended or the licensee is otherwise in violation
of these regulations. If said license is under suspension, the license
may be renewed upon the expiration of the suspension, provided that
the licensee makes payment of the prescribed fee and meets the other
requirements of these regulations. New applications for licenses may
be filed with the Chief of Police at any time, but applications for
renewal of a license already in force shall be filed with the Chief
of Police annually, on or before November 15. Any applications received
after November 15 will be considered after January 1.
The annual fee for the issuance or renewal of a vehicle-for-hire
operator's license shall be $25, which amount shall include the administration
fee. The fee for a duplicate or amended vehicle-for-hire operator's
license, or to reinstate a suspended operator's license, shall be
$15.