2006 Code of Virginia § 58.1-2208 - License application procedure

58.1-2208. License application procedure.

A. To obtain a license under this article, an applicant shall file anapplication with the Commissioner on a form provided by the Commissioner. Anapplication shall include the applicant's name, address, federal employeridentification number, and any other information required by the Commissioner.

B. An applicant for a license as a motor fuel transporter, supplier, terminaloperator, importer, blender, bulk user of undyed diesel fuel, retailer ofundyed diesel fuel, distributor, or aviation consumer shall satisfy thefollowing requirements:

1. If the applicant is a corporation, the applicant shall either beincorporated in the Commonwealth or authorized to transact business in theCommonwealth;

2. If the applicant is a limited liability company, the applicant shall beorganized in the Commonwealth or authorized to transact business in theCommonwealth;

3. If the applicant is a limited liability partnership, the applicant shalleither be formed in the Commonwealth or authorized to transact business inthe Commonwealth; or

4. If the applicant is an individual or a general partnership, the applicantshall designate an agent for service of process and provide the agent's nameand address.

C. An applicant for a license as a supplier, terminal operator, blender, orpermissive supplier shall have a federal certificate of registry issued under26 U.S.C. 4101 that authorizes the applicant to enter into federal tax-freetransactions in taxable motor fuel in the terminal transfer system. Anapplicant who is required to have a federal certificate of registry shallinclude the registration number of the certificate on the application for alicense under this section. An applicant for a license as an importer, anexporter, or a distributor who has a federal certificate of registry issuedunder 26 U.S.C. 4101 shall include the registration number of thecertificate on the application for a license under this section.

D. An applicant for a license as an importer or distributor shall list on theapplication each state from which the applicant intends to import motor fueland, if required by a state listed, shall be licensed or registered for motorfuel tax purposes in that state. If a state listed requires the applicant tobe licensed or registered, the applicant shall provide the applicant'slicense or registration number of that state. A licensee who intends toimport motor fuel from a state not listed on his application for animporter's license or a distributor's license shall provide the Commissionerwritten notice of such action before importing motor fuel from that state.The notice shall include the information that is required on the licenseapplication.

E. An applicant for a license as an exporter shall designate an agent locatedin Virginia for service of process and provide the agent's name and address.An applicant for a license as an exporter or distributor shall list on theapplication each state to which the applicant intends to export motor fuelreceived in Virginia by means of a transfer that is outside the terminaltransfer system and, if required by a state listed, shall be licensed orregistered for motor fuel tax purposes in that state. If a state listedrequires the applicant to be licensed or registered, the applicant shallprovide the applicant's license or registration number of that state. Alicensee who intends to export motor fuel to a state not listed on hisapplication for an exporter's license or a distributor's license shallprovide the Commissioner written notice of such action before exporting motorfuel to that state. The notice shall include the information required on thelicense application.

(2000, cc. 729, 758; 2002, c. 7.)