34. The Commission must refuse to grant an authorization application if
(1) it becomes aware that the applicant does not meet one of the conditions set out in subparagraphs 3 and 4 of the first paragraph of section 28;
(2) it considers that the applicant fails to demonstrate that it is capable of complying with the obligations that will be incumbent on it as transportation system operator; or
(3) it considers that a person referred to in subparagraph 2 of the first paragraph of section 28 has a judicial record related to the aptitudes required and appropriate conduct for participating in the operation of a transportation system.
However, before determining whether such a person has such a judicial record, the Commission must consult, concerning that relation, the judicial record evaluation committee referred to in section 17.