OAR 918-674-0630
OAR 918-674-0630. Transfer of Approvals
(1) The division may allow the transfer of division-approved plans or a division-approved compliance control program as allowed in this rule.
(2) When a transfer of approval is necessary because of a change of ownership or name change the manufacturer must:
(a) Update their registration as specified in OAR 918-674-0250. The updated registration must be approved by the division prior to the request for transfer of approval.
(b) Submit a division-approved application form along with the fee specified in this OAR 918-674-0730.
(c) Include a cover letter requesting the transfer by identifying the specific approval(s) that are intended to be transferred. The letter must be signed by the owner or officers of the registered manufacturer.
(d) Surrender any unused insignia of compliance whether in the division’s possession or in the manufacturer’s possession. Any unused insignia will become invalid. Insignia of compliance in a manufacturer’s possession must be promptly returned to the division. The manufacturer must apply for insignia of compliance for projects under the new business name.
(3) A registered manufacturer may request the transfer of an approved plan to another registered manufacturer. Under this scenario, the following requirements apply:
(a) This allowance is a transfer of a division-approved plan from one manufacturer to another manufacturer. This transfer may not be construed to mean there is a shared approval scenario between the two manufacturers regardless of the legal connection between the two manufacturers. The transfer of a division-approved plan to another manufacturer is a one-time transfer. A transferred plan may not be transferred again even if the request is to transfer it back to the original manufacturer.
(b) The manufacturer must submit a division-approved application form along with the fee amount specified in OAR 918-674-0730 for each division-approved plan intended to be transferred.
(c) The manufacturer must include a cover letter requesting the transfer by identifying the specific plan number intended to be transferred. The letter must be signed by the owner or officers of both registered manufacturers.
(d) All unused insignia of compliance in the division’s possession processed for the original manufacturer for projects to be completed by the other manufacturer using the transferred plan become invalid. The manufacturer with the transferred plan must apply for insignia of compliance for projects under their registration.
(4) For the purposes of this rule, a transfer of approval fee is fifty percent of the plan review fees paid for the original plan submittal.
(5) A transfer of approval does not reset a plan’s original approval date. The approval is subject to the validity, renewal, or expiration requirements established in these rules.
(6) The division reserves the right to invalidate any plans, manuals, and insignias when there is an ownership or name change if the division determines the complexities involved exceed limitations of the division’s processes or procedures, or where the manufacturer is unable to comply with division requirements.