§ 8-135. Standards for review  


Latest version.
  • (a) An applicant whose application for a wrecker driver license or wrecker driver trainee license has been proposed for denial pursuant to item (4) of subsection (a) of section 8-134 of this Code may qualify for a license only if the automotive board determines that the applicant is presently fit to engage in the occupation of a wrecker driver. The standards for review that the automotive board shall use in determining the applicant's fitness shall be:

    (1) The extent and nature of the applicant's past criminal activity;

    (2) The age of the applicant at the time of the commission of the crime;

    (3) The amount of time that has elapsed since the applicant's last criminal activity;

    (4) The conduct and work activity of the applicant prior to and following the criminal activity;

    (5) Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and

    (6) Other evidence of the applicant's fitness, including signed letters of recommendation from:

    a. Prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant;

    b. The sheriff and police chief in the community where the applicant resides; and

    c. Any other person in contact with the applicant.

    (b) The applicant has the responsibility, to the extent possible, to obtain and provide to the automotive board the recommendations of the prosecution, law enforcement, and correctional authorities as required by item (6) of subsection (a) of this section.

    (c) In addition to fulfilling the requirements of subsection (b) of this section, the applicant shall furnish proof in the form required by the automotive board that the applicant has:

    (1) Maintained a record of steady employment;

    (2) Supported the applicant's dependents;

    (3) Maintained a record of good conduct; and

    (4) Paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted.

    (d) Following the opportunity for the applicant to be heard, the automotive board may approve the license, deny the license, or condition the approval of the license on such terms and conditions as the automotive board deems appropriate, based on the evidence received at the hearing and consistent with the standards of review contained in this section.

(Ord. No. 05-116, § 5, 2-9-05; Ord. No. 2011-1012, § 8, 11-30-2011, eff. 1-1-2012; Ord. No. 2013-1159, §§ 7—9, 12-11-2013; Ord. No. 2014-482, §§ 18, 19, 5-28-2014)