(A) Denial. Upon review, the Licensing Officer shall refuse to issue a certificate to an applicant for any of the following reasons:
(1) Denial of temporary certificate.
(a) The application form is not complete;
(b) The applicant fails to:
1. Establish proof of identity;
2. Provide a BCI; or
3. Pay the fees.
(c) The completed application or BCI indicates that the applicant has a disqualifying status; or
(d) The applicant has previously been denied a certificate by the city, or has had a certificate revoked for grounds that still constitute a disqualifying status under this chapter.
(2) Denial of annual certificate.
(a) The information submitted by the applicant at the time of the granting of the temporary certificate is found to be incomplete or incorrect;
(b) Since the submission of the completed application, the applicant is subject to a previously undisclosed or unknown disqualifying status;
(c) Failure to complete payment of the fees;
(d) Since the submission of the application, the city has received a substantiated report regarding the past or present conduct of the applicant;
(e) Since the submission of the application, the city or other governmental entity has either criminally convicted, or obtained a civil injunction against, the applicant for violating this chapter or similar federal, state, or municipal laws in a manner rising to the level of a disqualifying status; or
(f) Since the submission of the application, a final civil judgment has been entered against the applicant indicating that:
1. The applicant had either engaged in fraud, or intentional misrepresentation; or
2. A debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19).
(3) Denial of annual certificate renewal.
(a) The information submitted by the applicant when seeking renewal of a certificate is found to be incomplete or incorrect;
(b) Since the submission of the renewal application, the applicant is subject to a previously undisclosed or unknown disqualifying status;
(c) Failure to complete payment of the fees;
(d) Since the submission of the application or granting of a certificate, the city has received a substantiated report regarding the past or present conduct of the solicitor;
(e) The city or other governmental entity has either criminally convicted, or obtained a civil injunction against, the applicant for violating this chapter or similar federal, state, or municipal laws in a manner rising to the level of a disqualifying status; or
(f) Since the submission of the application, a final civil judgment has been entered against the applicant indicating that:
1. The applicant had either engaged in fraud, or intentional misrepresentation; or
2. A debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C § 523(a)(2), (a)(4), (a)(6), or (a)(19).
(B) Suspension or revocation. The city shall either suspend or revoke a certificate when any of the reasons warranting the denial of a certificate occurs.
(C) Notice of denial or suspension.
(1) Upon determination of the Licensing Officer to deny an applicant’s completed application, or to suspend a registered solicitor’s certificate, the city shall cause written notice to be sent to the applicant or registered solicitor by the method indicated in the completed application.
(2) The notice shall specify the grounds for the denial or suspension, the documentation or information the city relied on to make the decision, the availability of the documentation for review by the applicant upon one business day’s notice to the city, and the date upon which the denial or suspension of the certificate shall take effect. It shall further state that the applicant or registered solicitor shall have ten business days from the receipt of the notice of denial or suspension to appeal the same.
(3) The denial or suspension of the certificate shall be effective no sooner than two calendar days from the date the notice is sent, unless that suspension is because of exigent circumstances outlined in § 111.03, in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal the suspension of a certificate automatically results in its revocation.
(Prior Code, § 5.14.140) (Ord. 12-2006, passed 8-16-2006)