Upon written authorization from the executive director, a sole proprietorship may continue to operate for a period of up to 15 months following the death of the sole proprietor. The executive director, subject to ratification at the next board meeting, may permit the continued operation of the sole proprietorship when he has been provided with:

1. (1) a certified copy of the sole proprietor's death certificate;
2. (2) a copy of the power of attorney from the sole proprietor's executor, administrator, or heir designating a certificate or registration holder in good standing with the board to manage the sole proprietorship on behalf of such party. When such party is not a certificate or registration holder, the power of attorney must authorize a certificate or registration holder to manage the sole proprietorship on behalf of such party; and
3. (3) written evidence that a disruption in the continuation of the sole proprietorship would jeopardize the survivability of the firm.

Source Note:The provisions of this §513.16 adopted to be effective August 4, 2004, 29 TexReg 7307.