A restricted license shall only be issued to a person whose New York State driver's license has been suspended or revoked pursuant to section 318 or 510 of the Vehicle and Traffic Law, who has been sent an order of such suspension or revocation by the commissioner, who establishes his need for such license in conformity with section 135.8 of this Part and who would not be denied a restricted license pursuant to section 135.7 of this Part.
N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.2