§ 8-134. Issuance; denial; hearing  

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  • (a) Any person desiring a wrecker driver license or wrecker driver trainee license shall pay the non-refundable fee stated for this provision in the city fee schedule at the time he submits his application for the license. There shall also be a prorated fee for a wrecker driver license applicant who has, or has had within past 90 days, a valid wrecker driver trainee license.

    (1) The police chief determines that the applicant is not qualified under section 8-131;

    (2) The information provided in the application is materially false or incorrect or the applicant has failed in any material way to comply with this article;

    (3) The applicant has had a wrecker driver license revoked during the preceding one year period; or

    (4) The applicant is not in compliance with the criminal history provisions of section 1-10 of this Code.

    (b) For purposes of this article, the police chief may consider an applicant to have been convicted of an offense when the applicant was charged with an offense listed in section 1-10 of this Code pertaining to wrecker drivers, and

    (1) The applicant entered a plea of guilty or nolo contendere;

    (2) The court deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or a court officer; and

    (3) After the period of supervision, the court dismissed the proceedings and discharged the person.

    In the instances set forth in this subsection, and in accordance with Texas Occupations Code section 53.021, the police chief may propose denial of the application upon his determination that the applicant may pose a continued threat to public safety, or employment of the applicant as a wrecker driver or wrecker driver trainee, as applicable, would create a situation in which the person has an opportunity to repeat the prohibited conduct.

    (c) The police chief may delay his decision on an application until final adjudication when the applicant is under indictment for or has charges pending for an offense listed in section 1-10 of this Code pertaining to wrecker drivers, and shall promptly inform the applicant of the reason for the delay. Upon receiving notice of the reason for the delay, the applicant shall be entitled to an appeal of the police chief's delay in the same manner as provided in sections 8-134 and 8-135 of this Code.

    (d) In the event that an application is proposed for denial, the police chief shall promptly inform the applicant in writing of the reasons for the proposed denial and of the applicant's right to a hearing before the automotive board regarding the proposed denial. The notice shall be sent by United States certified mail, return receipt requested, to the applicant's address set out in the application.

    (e) The applicant may perfect his appeal of the proposed denial by a letter addressed to the chairman of the automotive board and delivered to the chairman of the automotive board within 15 days after the date that notice of the proposed denial of the application is placed in the United States mail. The letter of appeal must state that an appeal from the decision of the police chief is desired. The appeal process shall be conducted in accordance with rules promulgated by the automotive board for that purpose. If the proposed denial is based in whole or in part upon section 1-10 of this Code, then the notice and hearing procedures shall also include any requirements to comply with section 1-9 of this Code and applicable state laws. The determination of the automotive board with respect to the application shall be final.

(Ord. No. 05-116, § 5, 2-9-05; Ord. No. 2011-1012, § 7, 11-30-2011, eff. 1-1-2012; Ord. No. 2013-1159, § 6, 12-11-2013; Ord. No. 2014-482, §§ 16, 17, 5-28-2014)