§ 59B-08 Licensing – Causes for Denial or Revocation.
RCNY § 59
(a)Material Misrepresentation.
(1)The Commission can deny an application for a License or its renewal and revoke or suspend any License issued if it finds that an Applicant has made a material misstatement or misrepresentation on an application for a License or its renewal.
(2)The Commission must send notice and conduct a hearing before revoking or suspending any License already issued.
(b)Violation of NYS Franchise Act.
(3)In determining whether a Base Owner is in violation of the Act, the Commission can rely upon the written advice of the New York State Department of Law certifying to the Commission that the Base Owner is in violation of the Act.
(c)In determining whether a Base Owner is in violation of the Act, the Commission can rely upon the written advice of the New York State Department of Law certifying to the Commission that the Base Owner is in violation of the Act.
(d)Livery Base Station-Criteria for Reviewing New Application. In reviewing an application for a License to operate a Livery Base Station, the Commission will examine and consider the following factors: (1) Any negative impact on Other Transportation Systems, including: (i) The adequacy of existing mass transit and mass transportation facilities to meet the transportation needs of the public (ii) Any negative impact that the proposed operation might have on those existing services (iii) The extent and quality of service provided by existing, legally operating For-Hire Vehicles and Taxicabs (2) Any negative impact on quality of life in the vicinity of the Base Station, including: (i) Traffic congestion (ii) Sidewalk congestion (iii) Noise.
(e)Livery Base Station – Compliance with Rules.
(f)Revocation for Livery Fund violations.
(g)Failure to Complete Application Requirements.
(4)The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.
(h)Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License to operate a Base Station, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.
