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<regulation prefix="Regulation" num=".21" citation="COMAR 20.95.01.21" title_num="20" subtitle_num="95" chapter_num="01" heading="Transportation Network Operator’s Licenses.">
  <paragraph num="A.">
    <text>An individual who wishes to operate as a Transportation Network Operator shall apply for a Transportation Network Operator’s License, which may be done through a TNC.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A TNC may file with the Commission an application for a temporary operator’s license on behalf of a Transportation Network Operator.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Once a TNC submits a completed application for a temporary operator’s license, the Commission shall render a decision on the application and issue or deny a temporary license within a reasonable period following the receipt of a completed application. An application for a temporary operator’s license shall not be considered complete unless it includes a background check as described in Public Utilities Article, §10-404(b), Annotated Code of Maryland that was performed within the twelve months preceding the date of the application.</text>
  </paragraph>
  <paragraph num="D.">
    <text>During the review process described in §(C) of this regulation, a Transportation Network Operator whose application is pending before the Commission is authorized to operate as a Transportation Network Operator on a provisional basis until the Commission renders a decision on the application for temporary license.</text>
  </paragraph>
  <paragraph num="E.">
    <text>After April 1, 2016, upon expiration of a temporary operator’s license issued by the Commission, a Transportation Network Operator who wishes to continue operating as a Transportation Network Operator shall provide a fingerprint supported State and FBI background investigators’ record check to the Commission, unless the Commission has granted the Transportation Network Operator’s Transportation Network Company a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The Commission shall issue a Transportation Network Operator’s License of up to 3 years to a Transportation Network Operator upon receipt of a fingerprint supported State and FBI background investigators record check, unless the results of the record checks show that the applicant has been convicted of a crime or driving offense that bears a direct relationship to the applicant’s fitness to serve the public as a for-hire driver.</text>
  </paragraph>
  <paragraph num="G.">
    <text>If the Commission has granted a Transportation Network Company a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland, the Commission shall issue the Transportation Network Operator a Transportation Network Operator’s License of up to 3 years upon completing its review of a qualifying application, unless the results of the background checks show that the applicant has been convicted of a crime or driving offense that bears a direct relationship to the applicant’s fitness to serve the public as a for-hire driver.</text>
  </paragraph>
  <paragraph num="H.">
    <text>In order to obtain a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland, a Transportation Network Company must demonstrate that the background check it uses meets the requirements of Public Utilities Article, §10-404(b), Annotated Code of Maryland and is as comprehensive and accurate as complying with the supplemental criminal background check as set forth under Public Utilities Article, §10-104(b), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="I.">
    <text>A person who holds a valid passenger-for-hire driver’s license issued by the Commission may obtain a Transportation Network Operator’s License with the same expiration date as the passenger-for-hire driver’s license, without providing a new background check, provided that the person otherwise complies with all statutory and regulatory provisions applicable to Transportation Network Operators.</text>
  </paragraph>
</regulation>