990 CMR 5.06 - Reconsideration

(1) Reconsideration of a Negative Determination

(a) Application. At any time after a determinationbythe Council that a proposed project is not feasible and deserving of state assistance, the developer may file with the Council a written request for reconsideration.

(b) Notice. The developer shall mail a copy of said request to all Notice of Intent Recipients and the local assessment committee, if any, of the proposed host community.

(c) Content. The developer shall submit all the information he desires the Council to consider in reviewing his request, and shall further submit a list of all those to whom copies of the request were sent and the certification specified in 990 CMR 4.02(13).

(d) Decision. The Council shall render a decision within 45 days of receipt of the request for reconsideration, and notification thereof shall be distributed in accordance with 990 CMR 5.05.

(2) Reconsideration of a Positive Determination

(a) Application. 990 CMR 5.06 shall apply only in those cases where the developer utilizes the site selection process pursuant to 990 CMR 7.00, and is intended to provide the Council with an opportunity to reconsider a feasible and deserving determination on the basis of information submitted during the public comment period specified in 990 CMR 7.04(1).

(b) Request for Reconsideration. Within 15 days of the close of the public comment period specified in 990 CMR 7.04(1), any person may file with the Council a written request for reconsideration of a prior determination that a proposed project is feasible and deserving of state assistance.

(c) Notice. The person requesting reconsideration shall mail a copy of said request to the developer, the Notice of Intent Recipients and the local assessment committee.

(d) Content. The person requesting reconsideration shall submit all the information he desires the Council to consider in acting on said request, and a list of all those to whom copies of the request were sent.

(e) Decision. The Council shall render a decision within 45 days of receipt of the request for reconsideration, and notification thereof shall be distributed in accordance with 990 CMR 5.05.

Notes

990 CMR 5.06