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 revocation.

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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This is a preliminary draft. Pending changes are in The To-Do List