Section 10-45B-6 - Application for permit--Issuance--Assignment or transfer. - South Dakota Statutes

10-45B-6. Application for permit--Issuance--Assignment or transfer. Any person desiring to claim a refund pursuant to this chapter shall apply for a permit from the secretary prior to or within one hundred eighty days after the construction date. The application for a permit shall be submitted on a form prescribed by the secretary. A separate application shall be made and submitted for each project. Upon approval of the application, the secretary shall issue a permit entitling the applicant to submit refund claims as provided by §§ 10-45B-7 and 10-45B-8. Such permit or refund claims are not assignable or transferable except as collateral or security pursuant to chapter 57A-9. However, the secretary may permit the assignment or transfer of a permit and refund claim if the initial permit holder entity reorganizes into a new entity, if the new entity and the initial entity share common ownership and the reorganization was completed solely for a legitimate business purpose. The new entity shall file with the department an amended application for permit.

Source: SL 1991, ch 105, § 5; SL 2005, ch 78, § 8; SL 2005, ch 80, § 2; SL 2006, ch 52, § 4; SL 2009, ch 50, § 1.