1006.1 An applicant who has been denied a license to operate a public vehicle for hire for reasons other than for failure to complete successfully an examination may file a new application for a license after the expiration of not less than six (6) months after the denial, unless the denial is reversed by the Office of Administrative Hearings.

1006.2 If an applicant files an appeal from a denial with the Office of Administrative Hearings and the Chairperson's denial is sustained, or if an operator's license has been suspended or revoked by the Commission and sustained, no new application may be made until the expiration of any waiting, suspension, or revocation period imposed.

1006.3 The decision of the Commission shall not be stayed during the pendency of an appeal to the Office of Administrative Hearings, unless the Office of Administrative Hearings issues an order imposing a stay.

1006.4 In determining the fitness of an applicant under § 1009 (Not for Hire), the Chairperson shall not take into account the conduct or record of the applicant upon which the waiting period was based. The determination of fitness shall be based on the conduct or the record of the applicant's conduct during and after the waiting period. If the personal conduct during the waiting period satisfies the personal conduct and other requirements of this chapter, the Chairperson may issue a license to the applicant.

1006.5 If the Chairperson discovers information not previously known to him or her, which relates to the moral character, fitness, or eligibility of the applicant and was not a part of the record in the proceeding of the Office of Administrative Hearings, the Chairperson may find on the basis of that information, that the moral character, fitness, or eligibility of the applicant is such that it does not justify the issuance of the license and may again deny the issuance of a license. The applicant may appeal this denial to the Office of Administrative Hearings.

1006.6 The Chairperson shall establish repeat examinations for applicants who are denied licenses because of failing the qualifying examination under the provisions of § 1004. Repeat examinations shall be scheduled to permit a fair opportunity for applicants to successfully complete the examination. If an applicant fails to pass the examination after three (3) attempts, the applicant must re-take the operator's training course before being allowed to take the examination again.

SOURCE: Regulation No. 72-13, approved June 30, 1972, 19 DCR 61 (July 24, 1972), 32 DCRR §§ 10.701 and 10.702, Special Edition; as amended by Final Rulemaking published by 34 DCR 6704 (October 23, 1987); as amended by Notice of Final Rulemaking published at 59 DCR 3158, 3164 (April 20, 2012).