Laserfiche WebLink
1 <br />Extension of 180-Day Permit, Cont'd Page - 2 - <br />The following is a step by step description of how the system works: <br />1. Prior to the 180th day, the applicant submits in writing, a request to <br />continue the review beyond the 180th day. The request must include a `' <br />statement about his understanding that such a continuation will <br />require specific performances on his part, and the rights to a <br />decision within the statutory time frame have been waived. <br />An agreement is drafted between the Division and the applicant, which <br />specifies the terms of the agreement, some of which are described <br />below. The agreement is to be reviewed by the Attorney General. <br />3. The applicant is to publish notice of the continuation of the review <br />at least once a week for two consecutive weeks in the same newspaper <br />as the original publication. It shall clearly state that the review <br />is being continued and state that any interested party may object to <br />the continuation of the review. The public comment period will extend <br />for 30 days after the last publication announcing the continuation of <br />the review. This means that the review is automatically extended a <br />minimum of 37 days (see Rule 2.07.3(5)). <br />4. All interested parties who submitted written comments in accordance <br />with Rule 2.07.3(5) during the original review period are to be <br />notified by certified mail of the continuation. The mailing will be <br />done by the Division in order to assure that it is done in a timely <br />fashion, <br />5. After the 30 day public comment period for the publication announcing <br />the continuation of the review has expired, the Division may publish <br />its proposed decision in accordance with specific terms of the <br />agreement and Rule 2.07.4(2). At the time the Division publishes its <br />proposed decision, all the rights, obligations and procedures that are <br />described in Rule 2.07.4(2) and (3) will be invoked. <br />The concern about an extension of the review period is whether doing so <br />jeopardizes the public's right to participate in the review process. Even <br />though the permit applicant may want to delay the proposed decision, is the <br />public entitled to a proposed decision by the 180th day? The answer to this <br />question is no because continuing the review under the system will not <br />jeopardize the public's right to participate in the review process. The time <br />frames in the law were established to ensure the applicant a timely review and <br />decision on a permit application. If the applicant wishes to waive their <br />right to an administrative decision by the 180th day, he may do so. However, <br />such waiver can not be without express conditions and a written agreement <br />between the applicant and the Division. Also, the Division does not have to <br />grant the waiver. For good reason, the Division may wish to deny the request <br />and publish its proposed decision in accordance with the law. <br />Date: October 6, 1983 <br />751 5F <br />