§ 61B-07 Authorization – Causes for Denial.
RCNY § 61
(a)Material Misrepresentation. The Commission can deny an application for Authorization if the Applicant has made a material false statement or concealed a material fact relating to the information required on the application.
(b)Conduct Prohibited by Rules. The Commission can deny an application if the Applicant has engaged in any conduct that would be a basis for suspension or revocation of the Authorization under the Rules in this Subchapter.
(c)Prior Unlicensed Activity. The Commission will deny an application for an Authorization if the Applicant has been found guilty of operating a Commuter-Van Service without Authorization two times within a six-month period prior to the date of application.
(d)Failure to Complete Application Requirements.
(1)The Chairperson will deny an application for a new Authorization if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.
(2)The Chairperson will deny an application for a renewal Authorization if the Applicant has not completed all the requirements of an application by the expiration date of the prior Authorization.
(3)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.
(e)Refusal to Renew. The Commission may refuse to renew a Commuter-Van Service Authorization for additional reasons, including but not limited to: (1) The Applicant or any of its Limited Business Entity Persons or employees has violated any provision of these Rules or any of the rules relating to commuter van service in Chapter 5, Title 19 of the Administrative Code.
(4)The Applicant or any of its Limited Business Entity Persons has been convicted of a crime that the Commission believes has a direct bearing upon the Applicant's fitness or ability to perform the functions required of a Commuter-Van Service Owner, or has been convicted of any offense that under Article 23-A of the NYS Correction Law would provide a basis for the Commission to refuse to renew or to suspend or revoke a Commuter-Van Service Authorization.
(5)The Applicant has failed to maintain the conditions of operation that apply to Commuter-Van Service Owners.
(6)The Applicant or any of its Limited Business Entity Persons or employees has engaged in discrimination according to the provisions of § 8-107 of the Administrative Code.
(f)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 (Authorization), 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.
