| (a) Permit alternative. In lieu of a permit authorizing immediate distribution, a legitimately established business may receive a precursor or apparatus from a distributor within this state after a 21-day waiting period by presenting or providing to the distributor a letter of authorization from the business. (b) Contents. A letter of authorization from a business recipient must include: (1) the information required under the Act, §481.077(d)(2)(A) or §481.080(e)(2)(A); (2) the precursor or apparatus sought; (3) the name of business issuing the letter; (4) the issue date of the letter; (5) the mailing and physical address, including the number and street name, city, state, and zip code; and (6) the signature of the individual executing the letter on behalf of the business. (c) Ordering. A business recipient must provide a letter of authorization to the distributor, if the business orders a precursor or apparatus through an automated ordering system without a permit. (d) Constructive compliance. If a prospective business recipient submits a purchase order or purchase voucher to a distributor, the director will deem the order or voucher to be sufficient as a letter of authorization if: (1) it contains the information required in subsection (b) of this section; and (2) the distributor retains the order or voucher on file. (e) Expiration. A letter of authorization expires one year from the date of issue. (f) Retention. The distributor must retain the original letter of authorization on file and forward a copy of the letter, along with a NAR-22 or other communication adequately detailing the proposed transaction, to the director (PCLAS). Until expiration, a distributor may use the original for future distributions. The recipient must issue a new letter: (1) after the letter expires; or (2) if material information required in the original letter changes. |
