Section 096-411-4 - License CriteriaA. If an application is complete the Department may issue a license with or without special conditions. An application will not be considered complete if evidence of financial capacity pursuant to Section 7 of this Chapter is not provided.B. An application for a non-hazardous waste transporter license or license renewal may be denied if the Department finds that the transport of non-hazardous waste in the applicant's conveyance(s) will, due to a lack of appropriate vehicle or conveyance safeguards or containment equipment, cause an unreasonable threat to public health, safety or the environment.C. Except in the case of governmental agencies listed in Section 2(E)(3), an application for a non-hazardous waste transporter license or license renewal may be denied if the Department finds that the applicant, or in the case of a corporation, partnership, or association, an officer, director, manager, or shareholder having 10 percent or more interest in said organization: (1) has intentionally misrepresented or concealed any material fact in the application submitted to the Department;(2) has obtained or attempted to obtain the license by misrepresentation or concealment;(3) has been convicted by finaljudgement, and all appeals have been exhausted, of any violation of state and federal laws and regulations relating to the handling of non-hazardous waste or other waste types within the five years immediately preceding the application for a license; or(4) has a record of repeated violations of state and federal laws and regulations relating to the handling of non-hazardous waste or other waste types, or failure to comply with administrative orders mandating corrective actions within the five years immediately preceding the application for a license.D. An applicant denied a license shall be informed of the reasons for denial in writing. The applicant may appeal the decision by requesting, in writing, a hearing before the Board of Environmental Protection within 30 days of receipt of the notice of the denial. Nothing in this regulation shall deny the applicant the right of judicial appeal according to Maine statutes.E. The Department may require an inspection of a conveyance by Department staff for the purpose of determining its suitability for transport of non-hazardous waste as a prerequisite for a license approval or a license renewal. Department staff may inspect a conveyance at any reasonable time and place to determine its compliance with this rule.06- 096 C.M.R. ch. 411, § 4