20.90.01.07

.07 Denial of a License.

A. Generally. When it appears that, by reason of the physical or mental condition of the applicant or by reason of a prior criminal record, the public convenience and necessity require an application for a license to be denied, the Public Service Commission shall refuse to issue the license. However, the applicant has the right to appeal from the refusal in the same manner as appeals may now be taken from other actions of the Public Service Commission.

B. Physical or Mental Disability.

(1) An applicant may be denied a license, if he or she suffers from a serious physical or mental disability, including alcohol or drug related problems, which:

(a) Renders the applicant unfit for the safe operation of a taxicab; or

(b) Would otherwise jeopardize the publicís safety.

(2) The nature of any physical or mental disability, its relationship to the applicant's ability to drive a taxicab, and the severity of its occurrence shall be considered in determining the suitability of the applicant.

(3) Prior institutionalization for a physical or mental disability, including treatment for alcoholic or drug related problems, does not necessarily render an applicant unsuitable for a taxicab license.

C. Criminal Record.

(1) An applicant may be denied a license if he or she has been convicted of a crime which bears a direct relationship to the applicant's fitness to serve the public as a taxicab driver.

(2) The Public Service Commission shall consider the applicant's age at the time of commission of any crime, the circumstances surrounding the crime, the time which may have elapsed since a conviction and the nature of the crime and frequency of the crime.

(3) The rehabilitation record and parole record, if any, of the applicant shall be considered in determining the suitability of the applicant for operating a taxicab.

(4) An application may not be denied solely because the applicant is on parole or probation.

(5) Juvenile dispositions under Courts and Judicial Proceedings Article, Title 3, Subtitle 8, Annotated Code of Maryland, or its predecessors relating to the delinquency of minors, probations before or without verdict, offense reports, arrest records, nolle prosequi and stet processus may not be considered in determining the suitability of any application for a license. The applicant's record of criminal convictions may be considered in determining the suitability of an applicant for a license.