§ 24-249 Testing before granting or renewing of operating certificates; testing before granting of tunneling permits.

   (a)   Before a tunneling permit is granted or before an operating certificate is granted or renewed, the commissioner may require the applicant to conduct such tests as are necessary in the opinion of the commissioner to determine the sound level emitted from a device or an activity or to determine whether the device or its operation or an activity is contributing to, or is in violation of this code. The test shall be made at the expense of the applicant.

   (b)   Such test shall be conducted, reviewed and certified as provided by subdivision (b) of section 24-206 of this code. The applicant shall notify the department of the time and place of a test as provided by subdivision (c) of section 24-206* of this code. Reasonable facilities shall be made available for the department to witness the test. If in the opinion of the commissioner tests by the department are necessary, the facilities for such tests, exclusive of sound level meters, 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 24-206 of this code.

§ 24-250 Action on applications for certificates or tunneling permits.

   (a)   The commissioner shall act within a reasonable time not to exceed sixty days on an application for a tunneling permit, for an operating certificate, or for a renewal of an operating certificate, 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 or notice of violation.

   (c)   Within sixty days after service on the applicant of the notice of disapproval, exclusive of the day of service, the applicant may request the commissioner to reconsider the application by answering in writing the commissioner's objection to the application.

   (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 sixty days, of his or her approval or denial of the application. Failure to answer or request an extension of time within sixty days after service of the notice of disapproval or a notice of violation shall be deemed a denial of the application.

   (e)   The commissioner may grant a temporary operating certificate or tunneling permit for a period not to exceed sixty days upon receipt of an application for the granting or renewal of an operating certificate and may, at his or her discretion, renew a temporary operating certificate or tunneling permit for an additional period not to exceed sixty days.

§ 24-251 Conditions of certificates or tunneling permits to be observed.

The holder of a certificate or of a tunneling permit shall comply with the conditions and terms contained in his or her certificate or tunneling permit as well as all applicable provisions of this code.

§ 24-252 Suspension or revocation of certificates or tunneling permits.

   (a)   The commissioner shall suspend or revoke a tunneling permit or certificate when ordered to do so by the board pursuant to subchapter eight of this chapter of this code.

   (b)   Suspension or revocation of a certificate or tunneling permit shall become final five days after service of notice, exclusive of the day of service, on the holder of the certificate or tunneling permit.

§ 24-253 Surrender of certificates or tunneling permits.

A certificate or tunneling permit which has been cancelled or revoked pursuant to this code shall be surrendered forthwith to the commissioner.

§ 24-254 Transfer of certificates.

Any purported or attempted transfer of a certificate automatically revokes the certificate, except that upon a conveyance of the premises in which the device is located a certificate may be transferred to a person other than the person named in the certificate.

§ 24-255 Operating certificate or tunneling permit fees.

   (a)   A person applying for an operating certificate, or a renewal of an operating certificate shall pay a fee of thirty dollars.

   (b)   A person applying for a tunneling permit shall pay a fee of two hundred and fifty dollars.

§ 24-256 Departmental publication fees.

The department may charge for a copy of its publications a fee in an amount not to exceed the unit cost of the preparation and distribution of the publication.