2 Del. Admin. Code § 2226-5.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2226-5.0 - TPTO Licenses

5.1 Upon approval, the TPTO and the Division shall enter into a written agreement which satisfies the requirements of 49 CFR § 383.75(a)(8). The template for the TPTO agreement is contained on the Division website. State agencies will satisfy this requirement with a Memorandum of Understanding with the Division.

5.2 Licenses and contracts with the Division are non-transferable.

5.2.1 A TPTO shall immediately notify the Division in writing of any changes in ownership unless they are a State agency.

5.2.2 In all instances where new individuals become owners who were not listed on the license or prior application, a new application must be submitted per Section 4.0 and approved by the Division.

5.2.3 Changes in ownership where one owner transfers a portion or all of the individual's ownership interest to another owner previously identified on the license application does not require a new license application.

5.3 All licenses issued under the provisions in this regulation will expire on the last day of December every 2 years following their issuance.

5.4 Licenses may be renewed up to 60 days before the expiration date.

5.5 Renewal applications shall be made on forms furnished by the Division, filled out completely for consideration and must include:

5.5.1 A copy of the TPTO's Delaware business license. State of Delaware agencies are exempt from this requirement;

5.5.2 A list of all employees and subcontractors in their employ, to include STs and any individuals who will access the computerized systems for test scheduling and recording test results; and

5.5.3 Documentation demonstrating SREs for a minimum of 50 applicants under their current license.

5.6 Renewal applications not completed and received by the expiration date of the current license will not be accepted and the TPTO license will not be renewed. The TPTO will then be required to apply as a new licensee and satisfy all requirements applicable to new licensees.

2 Del. Admin. Code § 2226-5.0

27 DE Reg. 191 (9/1/2023) (Final)