(a) A responsible party holding a safety certificate has the full right, power, and authority to transfer the certificate upon the sale, lease, or other transfer of title to the site, provided the new owner, operator, lessor or lessee, or party in interest files with the director a written affidavit that:
  (1) all barriers between a pit and the nearest edge of any roadway comply with the Act; and
  (2) there will be no change, on or after the day of the transfer of title or operation, in the:
    (A) condition or location of a barrier; and
    (B) distance of a pit perimeter from the nearest intersection of a public road and a private road or driveway.
(b) The transfer affidavit must be filed not later than the 30th day after the day on which the transfer of title to or operation of the quarry or pit occurs.
(c) The department will process and approve a transfer of a safety certificate not later than the 10th day after the day on which the department receives a completed transfer affidavit, including the application fee.
(d) At its option, the department may refuse to issue or approve the transfer of a certificate to a person who has violated the Act.
(e) The hypothecating, mortgaging, or other transfer of equitable title or a pledge of any assets to credits of the operator or owner shall not require the filing of a transfer affidavit.
(f) The department may revoke or disapprove the transfer of a safety certificate only if, after notice and hearing, the department determines that the holder of the certificate has violated the Act.

Source Note: The provisions of this §21.716 adopted to be effective July 15, 2004, 29 TexReg 6734