SECTION 102.18. Application for Exemption from the Security Requirements

(a) A registrant meeting the requirements for exemption from the security requirements as set forth in §702.202 of the Health Spa Act (Act) must apply for an exemption from the security requirements of Subchapter D of Chapter 702 of the Act on the application form prescribed by the secretary of state. The application for exemption must be signed and sworn to by or on behalf of the applicant.

(b) The application form may be obtained from the Statutory Documents Section of the Office of the Secretary of State, P.O. Box 13550, Austin, Texas 78711-3550. It is also available on the secretary of state web site at http://www.sos.state.tx.us/statdoc/forms/3006.doc. See form 3006.

(c) The application for exemption from the security requirements must be submitted with the application for registration.

(d) If the secretary of state determines that the applicant meets the requirements for exemption, the secretary shall issue a certificate of exemption providing that the certificate holder is not required to file a surety bond or post other security for the location registered.

(e) If an applicant has been granted an exemption under §702.202(2) of the Act, the applicant must submit a statement signed by or on behalf of the applicant continues to comply with the requirements of §702.202(2), on the third anniversary of the initial registration and every three years thereafter.

(f) The certificate of exemption is not transferable. If a health spa is purchased or otherwise transferred to a new owner, the new owner must submit a surety bond, post other security or file a new application for exemption within five business days after the ownership has been transferred. Transfer includes a sale of substantially all of the assets, a sale of a majority of the ownership interests, or a merger or consolidation of the registrant into a surviving or resulting entity. Transfer does not include the conversion of a business entity of one type into a business entity of another type or the redomestication of an entity from one jurisdiction to another jurisdiction.

Source Note: The provisions of this §102.18 adopted to be effective October 22, 2001, 26 TexReg 8340; amended to be effective April 20, 2009, 34 TexReg 2375