SECTION 252:410-7-5. Authorization transfers

(a)   "Transfer" defined. For purposes of this section, "transfer" means to convey from one person to another a majority ownership interest in an entity holding a DEQ authorization by any means other than gift or devise and includes the transfer of deed, transfer of more than 50 percent of the entity's assets or stock, and/or creation of a legal entity as a new holder of the authorization.

(b)   Transferability. Industrial radiographer certifications and reciprocity recognitions are not transferable. LBP-XRF permits, radiation machine operating permits and Radioactive Materials specific licenses are transferable. Transfers will be approved by DEQ only when:

(1)   A DEQ inspection has shown the transferor and transferee to be in compliance with this Chapter;

(2)   The transferee has agreed in writing to comply with this Chapter and the Act, all permit or license conditions, approved plans, and the terms of any orders issued pursuant thereto;

(3)   All monies owed to DEQ by transferor or transferee have been paid;

(4)   For permits or licenses requiring financial assurances, DEQ has reviewed and adjusted as needed the amount of financial assurance required and has received the requisite amount of new financial assurances from or on behalf of the transferee; and

(5)   For Radioactive Materials specific licenses, the licensees have also complied with all applicable requirements of 10 CFR.

(c)   Operation by transferee. A transferee cannot commence radiation management activities under a DEQ authorization until the authorization has been fully transferred and approved by DEQ.

[Source: Added at 17 Ok Reg 1136, eff 6-1-00; Amended at 22 Ok Reg 1462, eff 6-15-05]