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(a) No initial certificate of operation shall be granted for the use or operation of equipment or apparatus for which a work permit is required unless the applicant first requests an inspection by the department to certify that the equipment or apparatus is installed in accordance with the work permit and operates in accordance with this code. Such inspection shall include testing as set forth in subdivision (a) of section 24-129 of this code.
(b) No certificate of operation shall be granted or renewed for the use or operation of equipment or apparatus unless the applicant shows to the satisfaction of the commissioner that the equipment or apparatus covered by such certificate of operation satisfies the standards established in the code or by rules or regulations promulgated thereunder in effect on the date of the issuance of the original certificate of operation.
(c) An application for a certificate of operation or any renewal or reinstatement thereof may be denied by the commissioner if any board penalty against the owner of equipment or apparatus which is the subject of the application has not been complied with or satisfied.
(d) If an owner fails to make an application to renew a certificate of operation within one hundred eighty days from the date of mailing of notice by the commissioner that such application is required, such owner shall be required to file a new application for a work permit pursuant to sections 24-123 and 24-125 of the code.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) A certificate of operation shall not be granted or renewed unless the equipment passes such tests as the commissioner may require by rule. The commissioner may require the applicant to conduct such tests. A failing test result shall result in disapproval.
(b) If in the opinion of the commissioner tests by the department are necessary, the facilities for such tests, exclusive of sampling and sensory devices, shall be furnished by and at the expense of the owner or lessee or his or her agent as provided by subdivision (d) of section 24-107 of this code.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) The commissioner shall act within a reasonable time not to exceed forty-five days on an application for a work permit or certificate of operation, or for a renewal of a certificate of operation, and shall notify the applicant in writing of his or her approval or disapproval of the application.
(b) If an application is disapproved, the commissioner shall set forth his or her objections in the notice of disapproval.
(c) Within forty-five days after service on the applicant of the notice of disapproval, the applicant may request the commissioner to reconsider the application by answering in writing the commissioner's objection to the application. The application shall be deemed cancelled if the applicant fails to answer or request an extension of time within forty-five days after the service of the notice of disapproval.
(d) The commissioner shall consider the applicant's answer to his or her objections, and shall notify the applicant in writing within a reasonable time, not to exceed forty-five days, of his or her approval or denial of the application.
(e) The commissioner may grant a temporary certificate of operation for a period not to exceed sixty days upon receipt of an application for the granting or renewal of a certificate of operation and may, at his or her discretion, renew a temporary certificate of operation for an additional period not to exceed sixty days.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) The commissioner shall suspend or revoke a work permit or certificate of operation when ordered to do so by the board pursuant to subchapter nine of this code.
(b) Suspension or revocation of a work permit or certificate of operation shall become final five days after service of notice on the holder of the work permit or certificate of operation.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
A work permit or certificate of operation that has been cancelled or revoked pursuant to this code shall be surrendered to the commissioner within five business days of receipt of the notice of revocation.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
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