| (B) the operator's planned sequestration program includes appropriately designed monitoring and verification measures that will be employed for a period sufficient to demonstrate whether the sequestration program is performing as expected. (6) The operator is responsible for making application to the Comptroller of Public Accounts for the additional tax rate reduction. (7) The additional tax rate reduction under this subsection does not apply and the operator will be required to repay the amount of tax that would have been imposed in the absence of this subsection if the operator's sequestration program or the operator's monitoring and verification measures differ substantially from the planned program approved by the Commission. (8) In conjunction with the Annual Report required to be filed under subsection (h) of this section, an operator shall submit information concerning the operator's monitoring and verification measures results as proposed in the application for certification to demonstrate whether the sequestration program is performing as expected. In the event that the operator's sequestration program, including monitoring and verification measures, differs substantially from the program certified by the Commission under subsection (k)(5) of this section, the operator shall include with the Annual Report a written description of any material changes in the sequestration program. (9) A Commission representative may administratively approve or deny an application for certification. If the Commission representative administratively denies an application, the applicant shall have the right to a hearing upon request. After hearing, the examiner shall recommend final action by the Commission. |
| Source Note: The provisions of this §3.50 adopted to be effective February 20, 1990, 15 TexReg 652; amended to be effective March 18, 1992, 17 TexReg 1615; amended to be effective November 17, 1993, 18 TexReg 7922; amended to be effective April 6, 1998, 23 TexReg 3435; amended to be effective October 12, 2003, 28 TexReg 8585; amended to be effective January 7, 2008, 33 TexReg 114 |
