§ 12-164. Review of application.

(a)

Review of Class A certificates of transportation.

(1)

Upon the filing of any application for a Class A certificate of transportation, the community development director, or his designee, shall review the application for completeness. The community development director may require additional information as may be necessary to adequately review an application for a Class A certificate of transportation.

(2)

The community development director shall determine whether the submitted application is complete within ten working days of the date the application is filed with the director. Upon a showing of good cause, the director may extend this review period one time for ten additional working days. If the community development director does not certify the application as complete, return the application as incomplete, or notify the applicant that the review period is being extended for an additional ten-day period, the application for Class A certificate of transportation shall automatically be granted provisional status, subject to the provisions of subsection (a)(4) of this section.

(3)

If the community development director determines the application for Class A certificate of transportation to be incomplete and/or inconsistent with the standards of review set forth in section 12-165, the community development director shall return the application to the applicant, noting the items which are not complete or have been determined to be inconsistent with the standards of review. The applicant will then have 60 days from the date of transmittal to submit a revised/corrected application for certificate of transportation. Any application that has been returned for correction and is not resubmitted to the community development director within the described 60-day period shall be considered withdrawn and all filing fees forfeited.

(4)

Once the community development director determines an application for a certificate of transportation to be complete, the community development director shall, based upon the standards of review set out in section 12-165, approve, approve with conditions, or deny the application. The community development director shall not determine any application for a Class A certificate of transportation complete until such time as a criminal background check has been conducted by the Florida Department of Law Enforcement (FDLE) and the results of this check submitted to the director.

(5)

The community development director shall issue a Class A certificate of transportation if the director determines that the application complies with the requirements of this article and that the issuance of a certificate is consistent with the requirements of this article.

(b)

Review of Class B certificates of transportation.

(1)

Upon the filing of any application for a Class B certificate of transportation, the community development director, or his designee, shall review the application for completeness. The community development director may require additional information as may be necessary to adequately review the application for a Class B certificate of transportation. Such review shall be a part of the record from which the community development director makes his decision.

(2)

The community development director shall determine whether the submitted application is complete within ten working days of the date the application is filed with the director. Upon a showing of good cause, the community development director may extend this review period one time for ten additional working days. Good cause may include, but is not limited to, failure to receive the applicant's required driving record from the state department of highway safety and motor vehicles. If the community development director does not certify the application as complete, deny the application, return the application as incomplete, or notify the applicant that the review period is being extended for an additional ten-day period, the application for Class B certificate of transportation shall automatically be granted provisional status, subject to the provisions of subsection (b)(5) of this section.

(3)

If the community development director determines the application for Class B certificate of transportation to be incomplete, the community development director shall return the application to the applicant, noting the items which are not complete. The applicant will then have 60 days from the date of transmittal to submit a revised/corrected application for a certificate of transportation. Any application that has been returned for correction and is not resubmitted to the community development director within the described 60-day period shall be considered withdrawn and all filing fees forfeited.

(4)

Once the application is complete, the community development director shall approve, approve with conditions, or deny the application based on the standards of review set forth in section 12-165.

(5)

If the community development director approves the application, the director shall issue a provisional Class B certificate of transportation. This provisional certificate shall be valid for no more than 90 days from the date of issuance and is specifically conditioned to be valid only until such time as a complete criminal background check has been conducted by the Florida Department of Law Enforcement (FDLE). One of the photographs submitted with the application shall be affixed to the provisional certificate. The provisional certificate shall be prominently displayed in the motor carrier vehicle during all times of operation by the applicant pending issuance of a standard certificate. If the FDLE background check reveals that any information provided on the application for a Class B certificate of transportation is false, the provisional certificate shall, notwithstanding the provisions of section 12-167, immediately be revoked and canceled. Any applicant for a Class B certificate of transportation who has a provisional certificate revoked for providing false information shall be prohibited from applying for any further certificates of transportation until such time as all requirements are met by the applicant.

If the FDLE background check reveals that the information provided on the application for Class B certificate of transportation is correct, a standard Class B certificate of transportation shall be issued in accordance with the provisions of this article. One of the photographs submitted with the application shall be affixed to the standard certificate. The standard certificate shall be prominently displayed in the motor carrier vehicle during all times of operation by the applicant.

(6)

Except as provided for under section 12-171, any applicant for a Class B certificate of transportation who has his application denied is prohibited from applying for any further certificates of transportation until such time as all requirements are met by the applicant.

(Code 1982, § 1-13.3-19; Ord. No. 96-08, pt. A, 5-6-1996)