.03 Application and Qualifications for Certification.

A. An organization requesting registration of a device shall make application to the Department on a Departmental form, pay any fee required by this chapter, and include the following information:

(1) Name of the applicant;

(2) Business address of the applicant;

(3) Whether the applicant has ever had a registration or license suspended or revoked by the Department; and

(4) Any other information the Department considers necessary to determine the qualifications of the applicant.

B. In addition to the above, the organization shall certify to the Department that it meets all of the following conditions:

(1) That the organization is organized under Corporations and Associations Article, Title 5, Subtitle 5A, Annotated Code of Maryland, or organized as another entity approved by the Department;

(2) That the biodiesel blend is not commercially available in the market area where the device is located;

(3) That the device is accurate and free of error;

(4) That the device is constructed so that it is permanent in its adjustments and repeats its indications correctly;

(5) That the device does not facilitate the perpetration of fraud;

(6) That the device will only be used to dispense biodiesel blend fuel for use by active fully paid members of the organization, and that all fees and fuel prices are the same for all members;

(7) That the organization does not advertise, publicize, or otherwise disseminate information to the public indicating the unit pricing of the biodiesel blend fuel;

(8) That the organization does not have more than 60 members who purchase biodiesel blend fuel;

(9) That no more than 30,000 gallons of biodiesel blend fuel shall be dispensed annually;

(10) That the device is clearly marked to indicate that it is not legal for trade and is restricted to members of the organization;

(11) That the organization is in compliance with all other applicable State and federal requirements relating to the biodiesel blend fueling facility;

(12) That the organization grants permission to the Department to inspect the device, any records required by this chapter, and the biodiesel blend fuel facility;

(13) That the organization purchases biodiesel blend fuel only from persons who are legally licensed to distribute fuel in Maryland; and

(14) That the organization acknowledges and agrees that its registration may be denied, revoked, or suspended by the Department as provided by Regulation .07 of this chapter.