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Appeal the denial of a driver background check clearance certificate (BCCC)

Are you a TNC (transportation network company) driver or driver applicant denied a BCCC? If so, you have a right to appeal the denial. Here you’ll learn more about the appeal process, including how to appeal.
You have 30 calendar days to appeal your BCCC denial from the date it was issued. Appeals filed after 30 calendar days will not be allowed without good cause.

Department of Public Utilities Transportation Network Company Division

The Details of Appeal the denial of a driver background check clearance certificate (BCCC)

What you need for Appeal the denial of a driver background check clearance certificate (BCCC)

Mandatory, Presumptive, & Discretionary Disqualifications

There are three disqualifications the TNC Division may issue when denying a BCCC:

  1. Mandatory disqualification;
  2. Presumptive disqualification; or
  3. Discretionary disqualification.

The Division may issue a mandatory disqualification if any of your records include:

  1. A conviction for an offense listed in the Suitability Standard;
  2. A condition within the present look‑back period of the Suitability Standard; and
  3. An offense, continuation without a finding (CWOF), or violation within the Three Year, Five Year, and Ten Year look‑back periods of the Suitability Standard.

The Division may issue a presumptive disqualification if you have a CWOF that occurred more than seven years ago for an offense listed in the Suitability Standard.

In certain instances, the Division may issue a discretionary disqualification even though the records received do not demonstrate a specific offense, condition, or violation of the Suitability Standard.

Hearings

Not all appeals will receive a hearing, but all appeals will be reviewed.  In most instances, appeals of mandatory disqualifications will not receive a hearing.  This is because the Division’s review of the appeal is pursuant to 220 CMR 274.15(1) and is to determine whether a genuine issue of material fact exists on the records received, not the underlying facts.  It is very important that you describe the reasons for your appeal, such as any errors in your records or compelling reasons for reversing the Division’s decision.

Appeals of presumptive or discretionary disqualifications, however, usually receive a hearing and are reviewed in accordance with the factors specified in 220 CMR 274.15(2).  

Remember: it is very important that you describe the reasons for your appeal.

Appeals

The Division will review every appeal received, whether or not you are appealing a mandatory, presumptive, or discretionary disqualification.

Once you submit your appeal, you will receive an automatic response that your appeal has been received.  The Division may contact you for additional information.  If you are including documentation as part of your appeal (such as a driving record or criminal record), please submit it as an email attachment.

All email responses, including your Notice to appear for a hearing, will be issued to you via the email address that you used to submit your appeal.  Be sure to check ALL of your email accounts, including spam folders.

Correcting Records

The Division cannot correct an error on your criminal record or driving record.

If you think that there is an error on your Massachusetts criminal record, you must contact the Office of the Commissioner of Probation at (617) 727-5300 or the Chief Probation Officer of the court that charged you.

If you think that there is an error on your Massachusetts driving record, you must contact the Registry of Motor Vehicles (RMV).

If you would like to get a copy of your CORI (name-based court arraignment records) or RMV driving records, please follow the instructions on the CORI and driving record pages.

How to appeal Appeal the denial of a driver background check clearance certificate (BCCC)

To file your appeal, send an email to the TNC Division and include the following required information:

  • Name
  • Address
  • Date of birth
  • Email address
  • Telephone number
  • Reason(s) for appeal:
    • Tell us why the decision should be reversed.  For example, you may identify errors that you believe are on the records relied upon by the TNC Division in denying your BCCC.
    • Please include any documentation that you believe will help us understand why the decision should be reversed.
      • If possible, send this documentation as a .PDF file.
    • If you do not tell us why you are appealing, your appeal may be denied.

Once you submit your appeal, you will receive an automatic response so you have a record that we received it.  The TNC Division may contact you for additional information.  Please note that all appeals are reviewed in accordance with the regulations, but not all appeals will receive a hearing.  Please check your email  (including your junk or spam folder) for an appeal response including a notice to appear for a hearing.  All appeals are processed in the order they are received.

Remember, the TNC Division may deny your appeal if you do not tell us why you are appealing, so be sure to include all the required information in your appeal, including the reason(s) why the decision should be reversed. 

Next steps for Appeal the denial of a driver background check clearance certificate (BCCC)

Hearings

If there is an appeal hearing, you have the right to appear on your own behalf, or an Authorized Representative may accompany, represent, and advise you. An Authorized Representative must file a written notice with the TNC Division that must contain:

  • Name
  • Address
  • Telephone number
  • Fax number (if available)
  • Email address (if available)
  • Name of the driver or driver applicant represented

Please bring all reliable information that supports your position to your appeal hearing, including character references.  The TNC Division will review the testimony and the documents submitted in accordance with the law.

Contact for Appeal the denial of a driver background check clearance certificate (BCCC)

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