1. (a) An application for transfer of compensation experience shall be filed with the Agency in one of the following formats:

   1. (1) forms printed by the Agency;
   2. (2) magnetic or electronic media in a format prescribed by this Agency; or
   3. (3) any other manner approved and prescribed by the Agency in writing.

2. (b) The application shall:

   1. (1) contain all facts and information and documents, including waiver, necessary to make a determination under §204.084 of the Act and in accordance with the requirements of that section;
   2. (2) be signed and sworn to as true and correct before a notary public; and
   3. (3) be complete. Incomplete applications will be returned without being processed.
3. (c) An application under this section must be filed with the Agency within one year of the date the partial transfer is completed.
4. (d) To satisfy the identifiable and segregable requirements of §204.084(c)(3), the applicants must show that the successor employer acquired a distinct and separable part of the organization, trade, or business, that is capable of operating independently and separately from the predecessor employer. The wages attributable to the acquired part of the organization, trade, or business must be separate and distinct from other wages of the predecessor employer and must be solely attributable to services provided on behalf of the acquired part of the organization, trade, or business.

Source Note:The provisions of this §815.111 adopted to be effective October 7, 2002, 27 TexReg 9395.