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If the Office receives a timely and sufficient objection to an application, the <br />application is automatically set for a Board hearing. Once the Office makes a <br />finding that an application is filed, the Board must make its decision to approve or <br />deny the application by 'the 120s' day, unless the Applicant extends the decision <br />date. <br />Provisions of the Act require that an application be automatically approved if <br />the office does not make a decision on the application by the 90~' day, or by <br />the Board, where a timely and sufficient objection is received, by the 120x' <br />day, unless those dates .are extended or waived by the Applicant. <br />In the case where an application is set for a Board hearing (the Office receives a <br />written objection within the public comment period), the Office must hold aPre- <br />hearing Conference after the Office has issued its written recommendation and at <br />least ten (10} calendar days prior to the Formal Board Hearing. (You should <br />review the provisions of Rules 2.7.1, and 2.7.2 (attached) which explain the Pre- <br />hearing Conference and process.) Where an objection is received prior to the close <br />of the public comment period, the Office must make its recommendation (not <br />decision) to approve or deny the application on or before the 90`~ day of the <br />application being filed with the Office. Again, the Applicant may extend or waive <br />the 90`~ day date, but nut to exceed the 365s' day from the time the application is <br />eonsiderecf filed by the Of£~ee. <br />The Office is required to mail to all parties its recommendation and rationale for <br />approval ox denial at least three working days prior to the Pre-hearing Conference. <br />Upon request, the Office wiU also send its recommendation and rationale to a party <br />by facsimile or electronic mail. Copies of the Office's recommendation and <br />rationale will also be available at the Pre-hearnrg Conference. <br />If you have any questions about the application process and your role, please do <br />not hesitate to call the Office at (303) 866-3567. You should ask to speak to the <br />Environmental Specialist in-charge of the application review, or the Specialist's <br />Supervisor. <br />memos/process.doc <br />6 <br />