Okla. Admin. Code § 252:110-7-8

Current through Vol. 41, No. 19, June 17, 2024

Section 252:110-7-8 - Conditions of authorization

(a)Specific conditions. The Department may establish conditions in any authorization to ensure compliance with this Chapter and the Code.

(b)Conditions applicable to all authorizations. In addition to the requirements of this Chapter, the following conditions shall apply to all authorizations.

(1)Effect of authorization. An authorization does not convey any property rights of any sort or any exclusive privilege, nor does it constitute authorization for any invasion of other private rights, or any infringement of federal, state, or local law or rules. Issuance of any LBP authorization by the Department shall not imply Department approval of any LBP activity or service performed by the holder.

(2)Practices and procedures. All LBP operational practices and procedures used by the holder shall comply at all times with this Chapter and the Code.

(3)Duty to mitigate. The holder shall take all reasonable steps to minimize or correct any adverse impact on the environment, health and safety resulting from work performed pursuant to the authorization.

(4)Consent to conditions. Beginning LBP services under an authorization means the holder consents to all of its conditions.

(5)Transferability. An authorization cannot be transferred to another person, training program or firm.

(6)Severability. The provisions of an authorization are severable, and if any part or use of a part is held invalid by a court of law, the remaining parts and uses shall remain valid.

(c)Amendment and modification. The Department may amend or modify or require the amendment or modification of a LBP authorization for cause or the holder may request amendment or modification at any time.

(1)Notice and reporting requirements. A holder shall give the Department written notice within 30 days after a change in the holder's mailing address or telephone or telefax numbers and of any other change when required by this Chapter.

(2)Errors and omissions. When a holder becomes aware that a material fact was submitted erroneously or omitted from an authorization application or in any report submitted by reason of the authorization to the Department (or to a client), the holder shall promptly submit correct facts or information to the Department (and/or the client).

(d)Duty to provide information. A holder shall furnish to the Department, within a time specified, any information from required records which the Department may request to determine:

(1) whether cause exists for amending, suspending, or revoking his authorization;

(2) his compliance with the authorization; or

(3) whether the authorization should be renewed.

Okla. Admin. Code § 252:110-7-8

Added at 14 Ok Reg 3663, eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff 6-1-98