400 CMR, § 3.09 - Permit Application Modifications

(1) Where an applicant seeks to modify a permit application after the permit review period has commenced under 400 CMR 3.07, the filing of the permit application modification shall toll the permit review period. Issuing authorities shall make every reasonable effort to review modification requests within as short a period as is feasible to maintain the integrity of the Program. An issuing authority shall notify the applicant in writing by mail or electronic mail within 20 business days of receipt of a request for a modification whether the modified application can be reviewed within the time remaining in the permit review period, cannot be reviewed within the time remaining in the permit review period, or needs additional information for the issuing authority to render a decision.

(a) If the modified application can be reviewed within the time remaining in the permit review period, the issuing authority shall notify the applicant and the permit review period shall resume on the calendar day following the day on which the issuing authority sends notice to the applicant.

(b) If the modified application cannot be reviewed within the time remaining in the permit review period, the issuing authority shall notify the applicant and both parties shall mutually agree upon a new time period for reviewing the modified application. Where the parties cannot agree upon a new time period, notice shall be given to the Permit Ombudsman. In no case may the new time period be greater than the time period set forth in 400 CMR 3.07(1). Once the new time period has been established, the applicant may:

1. agree to the new time period and continue the Program with the modified permit application;

2. revoke the request to modify the permit application and continue the Program with the original permit application; or

3. withdraw the permit application altogether and terminate participation in the Program.

(c) If additional information is required for the issuing authority to render a decision about the modification, the issuing authority shall notify the applicant and request the additional information necessary to review the modification. After receiving the additional information, the issuing authority shall have 20 business days to review the additional information and make a determination about the modification.

(2) If an issuing authority determines during the 20 business days it has to review the modification request that the permit will be denied as a result of the proposed modification, the issuing authority shall notify the applicant and the applicant may:

(a) submit a revised modification request after consultation with the issuing authority;

(b) withdraw the modified permit application and continue the Program with the original permit application; or

(c) withdraw the permit application altogether and terminate participation in the Program.

Notes

400 CMR, § 3.09