| (a) Changes in ownership which require a new license
or manufacturer registration.
(1) Transfer of dealership outlet or location by sale,
lease, or gift. The purchaser, lessee, or donee of any dealership
or outlet shall have a current and valid license or manufacturer registration
authorizing the CNG activities to be performed at the dealership or
outlet or shall apply for and be issued a CNG license or manufacturer
registration prior to engaging in any CNG activities which require
a license or manufacturer registration. The purchaser, lessee, or
donee shall notify AFS by filing a properly completed CNG Form 1001
or CNG Form 1001M prior to engaging in any CNG activities at that
dealership or outlet which require a CNG license or manufacturer registration.
(2) Other changes in ownership. A change in members
of a partnership occurs upon the death, withdrawal, expulsion, or
addition of a partner. Upon the death of a sole proprietor or partner,
the dissolution of a corporation or partnership, any changes in the
members of a partnership, or other changes in ownership not specifically
provided for in this section, an authorized representative of the
previously existing dealership or of the successor in interest shall
notify AFS in writing and shall immediately cease all CNG activities
of the previously existing dealership which require a CNG license
or manufacturer registration and shall not resume until AFS issues
a CNG license or manufacturer registration to the successor in interest.
(b) Changes in dealership business entity. When a dealership
converts from one business entity into a different kind of business
entity, the resulting entity shall have a valid license or manufacturer
registration authorizing the CNG activities to be performed or shall
apply for and be issued a license or manufacturer registration before
engaging in any CNG activities which require a CNG license or manufacturer
registration and shall immediately notify AFS in writing of the change
in business entity.
(c) Dealership name change. A licensee or registered
manufacturer which changes its name shall not be required to obtain
a new license or manufacturer registration but shall immediately notify
AFS as follows prior to engaging in any CNG activities under the new
name. The licensee or registered manufacturer shall file:
(1) an amended CNG Form 1001 or CNG Form 1001M;
(2) an amended CNG Form 1001A, if outlet names will
change;
(3) a copy of the licensee's or registered manufacturer's
business documents reflecting the name change, such as amendments
to the articles of incorporation or assumed name filings;
(4) certificates of insurance or affidavits in lieu
of insurance if permitted by §13.63 of this title (relating to
Self-Insurance Requirements) or both; and
(5) any other forms required by AFS.
(d) Company representative and operations supervisor.
In all changes of ownership, form of dealership, or name of dealership,
the resulting entity shall have a properly certified company representative
for the license and an operations supervisor, if required, at each
outlet and as specified in §13.72 of this title (relating to
Designation and Responsibilities of Company Representative and Operations
Supervisor).
(e) For good cause shown, the AFS director may grant
a temporary exception of 30 days or less to the examination requirements
for company representatives and operations supervisors. Good cause
includes but is not limited to the death of a sole proprietor or partner.
An applicant for a temporary exception shall comply with applicable
safety requirements and submit to AFS information showing the exception
will not be hazardous to the public.
|
| Source Note: The provisions of this §13.67 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035 |
