Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-3-12 - Transfer or Sale of Permit Rights12.1. The Secretary may grant written approval for the transfer or sale of a permit under the following terms and conditions:12.1.a. Transfer of permits. -- When the interest of a permittee of any quarrying operation is sold, leased, assigned or otherwise disposed of, the transferee shall file an application for transfer within thirty (30) days. The application for transfer or sale shall be set forth on forms prescribed by the Secretary;12.1.b. Approval of the application for transfer or sale of a permit may be granted upon a written finding by the Secretary that the applicant shall conduct mining operations in accordance with the purposes and intent of the Act, this rule, and the terms and conditions of the permit. Such findings shall be based on information set forth in the application for transfer or sale, and any other information made available to the Secretary. Such approval may be granted in advance of the close of the public comment period provided; that where information is made available to the Secretary precludes approval, such approval shall be immediately withdrawn;12.1.c. Each application for a transfer or sale of a permit shall contain a sworn statement as follows: "The information contained in this application is true and correct to the best of my knowledge and belief." Such statement shall be signed by a principal officer of the applicant and shall be notarized; and12.1.d. Any person who, through whatever means, assumes ownership or control directly or indirectly of a quarrying operation must be eligible to receive a permit and shall become responsible for the correction of all outstanding unabated violations, unpaid fees or penalties for the operation.