Latitude of State Licensing Procedure
The state can require and offer licensing only for activities
necessarily involving artificial implements or substances, wherein
improper conduct directly threatens the physical safety of others, or
for activities which consume inherently and unalterably public and
contentious resources. The state cannot predicate exercise of a right
or privilege on any basis other than licensing.
No privileges of any sort can be demanded by the state of a licensee
as a condition of granting or maintaining a license for operation.
More generally, a license must be promptly granted once the requesting
party has demonstrated compliance with relevant law and, if
applicable, relevant competence.
Tests regulated or administered by the state, as a precondition of
licensing or otherwise, cannot be altered on the basis of the
identity, genotype, or beliefs of the test subject. They cannot be
altered on the basis of phenotype, except to accomodate physical
handicaps or peculiarities which would render the test meaningless or
intrinsically flawed without alteration.
The state is required to make the licensing process as swift,
responsive, straightforward, and convenient, as is feasible.
All licenses are granted in perpetuity, and can be revoked only by
court order uniquely identifying the licensee, after a proper and
formal review and demonstration of cause, at which the licensee can
appear in his own defense. The stated cause for revocation must
include the breaking of statutes of narrow relevance, or a finding that
the licensee is mentally incompetent, or a finding that the licensee
is physically incompetent in a manner which directly and inescapably
precludes safe exercise of the license.
License revocation can be appealed by the same procedure by which
other judgements are appealed.
Licenses abused in the course of committing a crime can be suspended
immediately upon arrest, by the arresting officer, for a period of up
to one week. Upon court order, the suspension can be extended until
trial completes. Upon trial completion, the license is either
restored or revoked. Any forfeiture of property prompted by a license
suspension is temporary, and becomes permanent only upon license
The procedure for license validation is enumerated in
§ Human Identification Infrastructure.
Other than as specified in § Human Identification Infrastructure, the
state must not make license information available to anyone other than
the licensee, or to state employees whose job (consisting of
manipulation or maintenance of license database contents) requires
such access, or upon court order.
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