SECTION 460:20-23-2.2. Providing applicant and operator information  


Latest version.
  • (a)   The Applicant, must provide in the permit application:
    (1)   A statement indicating whether it and its operator are corporations, limited liability companies, partnerships, associations, sole proprietorships, or other business entities;
    (2)   Taxpayer identification numbers for applicant and its operator.
    (b)   The Applicant must provide the name, address, and telephone number for:
    (1)   The Applicant.
    (2)   Its resident agent who will accept service of process.
    (3)   Any Operator, if different from the Applicant.
    (4)   Each business entity in the Applicant's and Operator's organizational structure, up to and including the ultimate parent entity of the applicant and its operator; for every such business entity; Applicant must also provide the required information for every President, Chief Executive Officer, and Director (or persons in similar positions), and every person who owns, of record, 10 percent or more of the entity.
    (c)   The Applicant and its Operator must provide the information required by paragraph (d) of this section for every:
    (1)   Officer.
    (2)   Partner.
    (3)   Limited liability company manager.
    (4)   Member.
    (5)   Director.
    (6)   Person performing a function similar to a director.
    (7)   Person who owns, of record, 10 percent or more of the Applicant or Operator.
    (d)   The Applicant must provide the following information for each person listed in paragraph (c) of this section:
    (1)   The person's name, address, and telephone number.
    (2)   The person's position title and relationship to applicant, including percentage of ownership and location in the organizational structure.
    (3)   The date the person began functioning in that position.
    (e)   The Department need not make a finding as provided for under Section 460:20-17-2.1of this subchapter before entering into AVS the information required to be disclosed under this section; however, the mere listing in AVS of a person identified in paragraph (b) or (c) of this section does not create a presumption or constitute a determination that such person owns or controls a surface coal mining operation.
[Source: Added at 27 Ok Reg 2558, eff 7-25-10]