(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 $2,000 and which relates directly to the duty or responsibility of transporting reclaimed water or liquid waste; and/or
b. Been convicted of a felony which relates directly to the duty or responsibility of transporting reclaimed water or liquid waste.
(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, suspended or revoked within the 12 months preceding the date of the application;
(4) The application contains a false statement;
(5) The application or required information is incomplete;
(6) The applicant’s vehicles or container units submitted for inspection do not meet the criteria of § 35-194;
(7) The applicant has not registered his or her business with the Texas Secretary of State or is not in good standing;
(8) The applicant has not shown proof that the applicant and the applicant’s drivers are qualified under this article; or
(9) The applicant has violated a provision of this article within the preceding 12 months.
(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 hearing for reconsideration in accordance with § 35-203, provided such request is made within 15 calendar days of the issuance of the written notice of denial.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)