§ 3307. Denial of an application for licensure or renewal of a transporter license; suspension or revocation of a transporter license.
757 words·~3 min read·
/de/title-21/chapter-33-licensed-transporters/3307A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Division may deny an original or renewal application for licensure, or may suspend or revoke a transporter license if the applicant or licensee has committed any act prohibited under this chapter or failed to comply with any requirement of this chapter, or for any of the following reasons:
(1)The original or renewal application for the transporter license contains a material misstatement or omission.
(2)The applicant or licensee fails to comply with a cease-and-desist order or written warning issued by the Division.
(3)The applicant or licensee fails to comply with the requirements of this title in connection with the operation of a transporter business.
(4)The applicant or licensee has been convicted of a felony in this State or any other jurisdiction. A felony conviction may be waived by the Division for purposes of licensure if, at the time the application is submitted, more than 10 years have passed since the date of conviction. The Division may not waive a felony in considering an application if the applicant is incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, or if the applicant is not in substantial compliance with all court orders pertaining to fines, restitution, and community service.
(5)The applicant or licensee has been convicted of a misdemeanor involving theft, fraud, dishonesty, false pretense, or moral turpitude in this State or any other jurisdiction. A misdemeanor conviction may be waived by the Division for purposes of licensure if, at the time the application is submitted, more than 5 years have passed since the date of conviction. The Division may not waive a misdemeanor in considering an application if the applicant is incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, or if the applicant is not in substantial compliance with all court orders pertaining to fines, restitution, and community service.
(6)The applicant or licensee has been convicted of any crime that the Division deems by regulation may create public safety concerns, regardless of the classification of the offense. The Division may not waive any conviction of a crime that creates public safety concerns.
(7)The applicant or licensee fails to notify the Division within 72 hours of any known change in criminal history.
(8)The Division determines, so far as can be ascertained, that the applicant or licensee does not or no longer meets the standards set forth in this chapter.
(9)The applicant or licensee does not have valid driving authority, has more than 8 points, has had a license to drive suspended or revoked in the previous 5 years, or has hired or otherwise permitted an individual without valid driving authority, with more than 8 points, or who has had a license to drive suspended or revoked in the previous 5 years to operate a vehicle in the transporter’s business.
(10)The applicant or licensee, while under the age of 21, has operated a motor vehicle or towed a trailer or mobile home displaying a Delaware transporter plate outside the State, or the applicant or licensee hired or otherwise permitted an individual under the age of 21 to operate a motor vehicle or tow a trailer or mobile home displaying a Delaware transporter plate outside the State.
(11)The applicant previously held a transporter or dealer license that was revoked by the Division or suspended by the Division and the terms of the suspension have not been satisfied.
(12)The applicant or licensee solely employs call forwarding, telephone answering service, or mail forwarding services during scheduled business hours or otherwise operates from a remote or otherwise unlicensed location.
(13)The applicant or licensee has failed to maintain a written record required under § 2124(d) of this title.
(14)The applicant or licensee has used a transporter plate for personal use on a vehicle owned by the transporter or any employee or agent of the transporter.
(15)The applicant or licensee has used a transporter plate on a motor vehicle that is registered in this State or any other state.
(16)The applicant or licensee has used a transporter plate on any OHV or on any mobile equipment or motorized apparatus that is not eligible to be registered in this State.
(b)The Division must defer any original application for licensure or renewal application if the applicant has pending criminal charges that would be grounds for denying an application or suspending or revoking a license if convicted under paragraph (a)(4), (a)(5), or (a)(6) of this section.