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A woman applies for a taxicab operator's license and is found to be fully qualified after completing the usual licensing process. Her name is then posted as a prospective licensee, subject only to the objection process. A licensed taxicab driver files an objection to the issuance of such a license to the woman solely on the ground that the grant of a license to the woman would impair the value of the licensed driver's existing license. The licensed driver demands a hearing before a license is issued to the woman so that he may have an opportunity to prove his claim. City licensing officials refuse to hold such a hearing, and they issue a license to the woman. The licensed driver petitions for review of this action by city officials in an appropriate court, alleging that the Constitution requires city licensing officials to grant his request for a hearing before issuing a license to the woman.
The ordinance does not limit the number of licenses that may be issued. It does, however, allow any citizen to file an objection to the issuance of a particular license, but only on the ground that an applicant does not possess the required qualifications. City licensing officials are also authorized by the ordinance to determine, in their discretion, whether to hold an evidentiary hearing on an objection before issuing a license.
A city ordinance requires a taxicab operator's license to operate a taxicab in that city. The ordinance states that the sole criteria for the issuance of such a license are driving ability and knowledge of the geography of the city. An applicant is tested by the city for these qualifications with a detailed questionnaire, written and oral examinations, and a practical behind-the-wheel demonstration.
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A is incorrect. There is no property right at stake here, which means that it does not trigger any requirement of adequate procedural «process.»
B is incorrect. The right to a hearing is only implicated when a property right is threatened. The discretion of the officials over the hearing is not a problem.
C is incorrect. A person who has the benefit of a process that grants some kind of property right can challenge the deprivation of that right.