20.95.01.21

.21 Transportation Network Operatorís Licenses.

A. An individual who wishes to operate as a Transportation Network Operator shall apply for a Transportation Network Operatorís License, which may be done through a TNC.

B. A TNC may file with the Commission an application for a temporary operatorís license on behalf of a Transportation Network Operator.

C. Once a TNC submits a completed application for a temporary operatorís license, the Commission shall render a decision on the application and issue or deny a temporary license within a reasonable period following the receipt of a completed application. An application for a temporary operatorís license shall not be considered complete unless it includes a background check as described in Public Utilities Article, §10-404(b), Annotated Code of Maryland that was performed within the twelve months preceding the date of the application.

D. During the review process described in §(C) of this regulation, a Transportation Network Operator whose application is pending before the Commission is authorized to operate as a Transportation Network Operator on a provisional basis until the Commission renders a decision on the application for temporary license.

E. After April 1, 2016, upon expiration of a temporary operatorís license issued by the Commission, a Transportation Network Operator who wishes to continue operating as a Transportation Network Operator shall provide a fingerprint supported State and FBI background investigatorsí record check to the Commission, unless the Commission has granted the Transportation Network Operatorís Transportation Network Company a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland.

F. The Commission shall issue a Transportation Network Operatorís License of up to 3 years to a Transportation Network Operator upon receipt of a fingerprint supported State and FBI background investigators record check, unless the results of the record checks show that the applicant has been convicted of a crime or driving offense that bears a direct relationship to the applicantís fitness to serve the public as a for-hire driver.

G. If the Commission has granted a Transportation Network Company a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland, the Commission shall issue the Transportation Network Operator a Transportation Network Operatorís License of up to 3 years upon completing its review of a qualifying application, unless the results of the background checks show that the applicant has been convicted of a crime or driving offense that bears a direct relationship to the applicantís fitness to serve the public as a for-hire driver.

H. In order to obtain a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland, a Transportation Network Company must demonstrate that the background check it uses meets the requirements of Public Utilities Article, §10-404(b), Annotated Code of Maryland and is as comprehensive and accurate as complying with the supplemental criminal background check as set forth under Public Utilities Article, §10-104(b), Annotated Code of Maryland.

I. A person who holds a valid passenger-for-hire driverís license issued by the Commission may obtain a Transportation Network Operatorís License with the same expiration date as the passenger-for-hire driverís license, without providing a new background check, provided that the person otherwise complies with all statutory and regulatory provisions applicable to Transportation Network Operators.