Licensing & Permit Administration Flashcards
7 cards from real CMC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Licensing & Permit Administration flashcards as text
When calculating license fees, municipalities must ensure the fees are:
Answer: Reasonably related to the cost of administering the licensing program
License fees must be reasonably related to regulatory costs; fees designed primarily for revenue generation rather than cost recovery may be legally challenged as taxes.
Which document formally establishes the requirements and procedures for municipal licensing programs?
Answer: Municipal ordinance or code
Municipal ordinances or codes are the legal instruments that establish licensing requirements, fees, procedures, and enforcement authority.
An applicant for an itinerant vendor license fails to appear for a required hearing. The clerk should:
Answer: Follow the ordinance's default procedure, which may include denial or rescheduling
The clerk must follow the procedural rules established in the ordinance, which typically specify the consequence of an applicant's failure to appear.
What does 'ministerial' mean in the context of issuing a permit?
Answer: The official has no discretion and must issue the permit if requirements are met
A ministerial act requires the official to perform a specific duty without exercising personal judgment once all legal requirements are satisfied.
A permit applicant who is denied a license has the right to appeal. Where is the first level of appeal typically heard?
Answer: A local board of adjustment or appeal board
Most municipalities establish a local board of adjustment, appeals board, or city council as the first administrative level for license or permit appeals.
Which of the following best describes a 'license by right' (also called an 'over-the-counter permit')?
Answer: A permit issued immediately when all objective criteria are met
A license by right is issued immediately upon demonstration that all objective requirements are satisfied, with no discretionary review required.
A municipal clerk discovers that a licensee has provided fraudulent information on their application. The appropriate first step is to:
Answer: Refer the matter to legal counsel and initiate due process procedures
Even when fraud is suspected, due process requires proper notice and a hearing before revocation; legal counsel should be consulted to ensure proper procedures are followed.