400 CMR, § 3.06 - Permit Application Completeness Review

(1) Upon receipt of a permit application eligible for the Program, the issuing authority has 20 business days, beginning on the day after receipt of the application, to determine whether the application is complete or incomplete.

(a) If the permit application is complete, the issuing authority shall immediately notify the applicant in writing by mail or electronic mail. The notice shall indicate whether the permit review period is for 180 or 210 calendar days and shall specify the day on which the permit review period will begin.

(b) If the issuing authority determines that the application is incomplete, the issuing authority shall immediately notify the applicant in writing by mail or electronic mail. The notice shall explain why the application is incomplete and request the information necessary to complete the application.

(2) Where an applicant receives notice of incompleteness, the applicant shall timely submit the additional information requested. Upon receipt of the supplemental information, the issuing authority has 30 business days, beginning on the day after receipt of the information, to determine whether the application is complete or incomplete.

(a) If the issuing authority determines that the permit application is complete, the issuing authority shall immediately notify the applicant in writing by mail or electronic mail. The notice shall indicate whether the permit review period is for 180 or 210 calendar days and shall specify the day on which the permit review period will begin.

(b) If the issuing authority determines that the permit application is incomplete, the issuing authority shall immediately notify the applicant in writing by mail or electronic mail. The notice shall explain why the application is incomplete and request the information necessary to complete the application. The procedures outlined in 400 CMR 3.06(2) shall be repeated each time an issuing authority gives a permit applicant an opportunity to complete the application.

(3) Where an issuing authority intends to deny a permit application rather than give the applicant an opportunity to complete the application, the issuing authority shall first notify the Permit Ombudsman of its intent to do so.

(4) If the issuing authority fails to notify the applicant about whether the application is complete or incomplete within the original 20 business-days-review-period, or within a subsequent 30 business-days-review-period under 400 CMR 3.06(2), then the application shall be deemed complete for purposes of the commencement of the permit review period. In such a case, the permit review period shall commence on the following calendar day.

Notes

400 CMR, § 3.06