(a) The director may deny the issuance of a permit if:
(1) The applicant, a partner of the applicant, a principal in the applicant’s business, or applicant’s manager or operator has:
a. Within the five years preceding the date of the application been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $500, and which relates directly to the duty or responsibility in operating a liquid waste transportation business; or
b. Been convicted of a felony which relates directly to the duty or responsibility in operating a liquid waste transportation business;
(2) The applicant fails to provide evidence of liability insurance or self insurance as required by this article;
(3) The applicant had a permit, that was issued under this article or its predecessor, suspended or revoked within the 12 months preceding the date of the application;
(4) The application contains a false statement of a material fact;
(5) The application or all required other information is incomplete;
(6) The applicant’s vehicles submitted for inspection do not meet the criteria of § 12.5-706(i). However, the director may issue a permit but exclude from registration those vehicles not meeting said criteria;
(7) The applicant has not shown proof that the applicant and the applicant’s drivers are qualified under § 12.5-706(h);
(8) The applicant has violated a provision of this article within the preceding 12 months; or
(9) The applicant does not have a valid liquid waste transporter registration issued by the commission.
(b) An applicant whose permit is denied will be notified by the director, in writing, of the denial and the grounds therefore. Such notice will be sent certified mail, return receipt requested, to the mailing address listed on the application.
(c) An applicant whose permit is denied may request a reconsideration within ten days after service of the notice of denial, in accordance with § 12.5-119 of this chapter.
(Ord. 12274, § 1, passed 11-28-1995)