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RULE §321.7Obtaining Certifications

(a) Applications for certifications shall be made on a standard form provided by the executive director. The application must be submitted to the executive director with the appropriate fee, as described in §321.8 of this title (relating to Certification Fees).

(b) Initial certifications. Certification application forms must be submitted to the executive director for:

  (1) marine sanitation devices within 45 days of obtaining a boat number or of determining that a boat number is not required to be obtained under the Texas Water Safety Act, Texas Parks and Wildlife Code, Title 4, Chapter 31; and

  (2) a boat pump-out station prior to its operation.

(c) Renewal applications. Certification renewal application forms must be submitted no later than November 30th of each odd-numbered year to obtain valid certifications for the next biennium.

(d) Electronic application for certification.

  (1) When the executive director announces on the commission's public Web site that electronic application forms are available, applications for certifications required by this section shall be submitted electronically using the electronic forms provided by the executive director.

  (2) Until such time when the electronic application forms become available, payments associated with the certification fees shall be made electronically on the commission's public Web site through the electronic payment system approved by the executive director.

  (3) Persons unable to comply with paragraphs (1) or (2) of this subsection may request from the executive director a waiver from the requirement to file or pay electronically. In evaluating a request for a waiver, the executive director may require the applicant to provide documentation to support a claim of hardship.

(e) Certification decals for this purpose will be designed and issued by the executive director. The certification decal shall clearly indicate date of expiration.

(f) Any certification of marine sanitation devices and boat pump-out stations or renewals thereof issued on or after December 31, 2009, will expire December 31 of each odd-numbered year thereafter.

(g) A certification decal issued under this subchapter remains valid for the life of the decal whether the boat is traded or sold.

(h) A certification issued under this subchapter is subject to cancellation by the executive director prior to the date of expiration if the applicant misrepresents any material fact in the application or provides information for certification which is false or fraudulent.

Source Note: The provisions of this §321.7 adopted to be effective November 11, 2010, 35 TexReg 9910

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