What is the name of your state (only U.S. law)? Texas
Would a 28 year old drug felony drug conviction bar an applicant from becoming a cab driver based on what you are reading below? And If the applicant was denied would submitting hair follicle test results during an appeal process make a difference?
Decision of taxicab inspector.
(a)
The taxicab inspector shall investigate or cause to be investigated the character, experience, and qualifications of the applicant for a taxicab or vehicle for hire driver's permit in order to determine the applicant's fitness to operate a taxicab or vehicle for hire consistent with the public safety and welfare.
(b)
The taxicab inspector shall determine that all provisions of this division have been complied with, and shall consider whether issuance of a permit would constitute an unreasonable risk to the public safety and welfare.
(c)
The taxicab inspector shall consider whether the applicant has been guilty of a criminal act directly related to the occupation of taxicab or vehicle for hire driver. In determining whether the criminal act directly relates to said occupation, the taxicab inspector shall consider:
(1)
The nature and seriousness of the crime;
(2)
The relationship of the crime to the purpose of requiring a taxicab or vehicle for hire driver permit, for example, the following are deemed to have such a relationship because of danger to passengers and the property and potential for criminal activities enhanced by the large number of citizen contacts:
a.
Theft and other crimes of dishonesty,
b.
Assaultive crimes,
c.
Solicitation of prostitution,
d.
Sexual abuse crimes,
e.
Crimes of alcohol or drug abuse,
f.
Traffic offenses;
(3)
The extent to which the permit might offer an opportunity to engage in further criminal activity of the same type;
(4)
The extent and nature of the past criminal activity;
(5)
The age of the applicant when the crime was committed;
(6)
The amount of time elapsed since the applicant's last criminal activity;
(7)
The conduct and work activity of the person prior to and following the criminal activity;
(8)
Evidence of rehabilitation efforts;
(9)
Other evidence of personal fitness submitted by the applicant such as recommendations from prosecution, law enforcement, correctional officers.
(10)
Taxicab inspector may take into consideration previously documented complaints against a current driver seeking renewal or transfer of driver's permit and any arrests, charges or convictions of violations of the taxicab code under chapter $# of the Municipal Code or the supplemental regulations for taxicabs at the Airport for any applicant seeking new, renewal or transfer of permit.
(d)
Upon receipt of a release executed by the applicant, the police department shall furnish to the taxicab inspector all the applicant's criminal history information records lawfully available to the department for licensing purposes. Said information shall be kept completely confidential by the taxicab inspector, except to the extent lawful, it may be provided to the applicant upon his request, it may be introduced in evidence in a proceeding in which the applicant contests denial of a permit, and it may be shown to the prospective taxicab or vehicle for hire company in accordance with the applicant's release. Such information shall be used by the taxicab inspector for the sole purpose of determining the applicant's fitness.
(e)
It is the duty of every certificate holder to screen its drivers. While it is the intent of the city in its permitting process to provide protection to the public generally by exercise of police power, such exercise shall not relieve a certificate holder from its duty to determine the fitness of its drivers, and no certificate holder shall rely on the city taxicab driver's permit to excuse it from said duty. The continued contracted driver relationship by a certificate holder of, or contractual agreement with, any person as a driver whose record as a criminal or as a driver of motor vehicles as reflected by official court and police department records shows a lack of mental, emotional or temperamental capacity to be a safe and reliable driver will be taken into consideration by the city when requested to grant or renew a certificate
Would a 28 year old drug felony drug conviction bar an applicant from becoming a cab driver based on what you are reading below? And If the applicant was denied would submitting hair follicle test results during an appeal process make a difference?
Decision of taxicab inspector.
(a)
The taxicab inspector shall investigate or cause to be investigated the character, experience, and qualifications of the applicant for a taxicab or vehicle for hire driver's permit in order to determine the applicant's fitness to operate a taxicab or vehicle for hire consistent with the public safety and welfare.
(b)
The taxicab inspector shall determine that all provisions of this division have been complied with, and shall consider whether issuance of a permit would constitute an unreasonable risk to the public safety and welfare.
(c)
The taxicab inspector shall consider whether the applicant has been guilty of a criminal act directly related to the occupation of taxicab or vehicle for hire driver. In determining whether the criminal act directly relates to said occupation, the taxicab inspector shall consider:
(1)
The nature and seriousness of the crime;
(2)
The relationship of the crime to the purpose of requiring a taxicab or vehicle for hire driver permit, for example, the following are deemed to have such a relationship because of danger to passengers and the property and potential for criminal activities enhanced by the large number of citizen contacts:
a.
Theft and other crimes of dishonesty,
b.
Assaultive crimes,
c.
Solicitation of prostitution,
d.
Sexual abuse crimes,
e.
Crimes of alcohol or drug abuse,
f.
Traffic offenses;
(3)
The extent to which the permit might offer an opportunity to engage in further criminal activity of the same type;
(4)
The extent and nature of the past criminal activity;
(5)
The age of the applicant when the crime was committed;
(6)
The amount of time elapsed since the applicant's last criminal activity;
(7)
The conduct and work activity of the person prior to and following the criminal activity;
(8)
Evidence of rehabilitation efforts;
(9)
Other evidence of personal fitness submitted by the applicant such as recommendations from prosecution, law enforcement, correctional officers.
(10)
Taxicab inspector may take into consideration previously documented complaints against a current driver seeking renewal or transfer of driver's permit and any arrests, charges or convictions of violations of the taxicab code under chapter $# of the Municipal Code or the supplemental regulations for taxicabs at the Airport for any applicant seeking new, renewal or transfer of permit.
(d)
Upon receipt of a release executed by the applicant, the police department shall furnish to the taxicab inspector all the applicant's criminal history information records lawfully available to the department for licensing purposes. Said information shall be kept completely confidential by the taxicab inspector, except to the extent lawful, it may be provided to the applicant upon his request, it may be introduced in evidence in a proceeding in which the applicant contests denial of a permit, and it may be shown to the prospective taxicab or vehicle for hire company in accordance with the applicant's release. Such information shall be used by the taxicab inspector for the sole purpose of determining the applicant's fitness.
(e)
It is the duty of every certificate holder to screen its drivers. While it is the intent of the city in its permitting process to provide protection to the public generally by exercise of police power, such exercise shall not relieve a certificate holder from its duty to determine the fitness of its drivers, and no certificate holder shall rely on the city taxicab driver's permit to excuse it from said duty. The continued contracted driver relationship by a certificate holder of, or contractual agreement with, any person as a driver whose record as a criminal or as a driver of motor vehicles as reflected by official court and police department records shows a lack of mental, emotional or temperamental capacity to be a safe and reliable driver will be taken into consideration by the city when requested to grant or renew a certificate