SECTION 25:30-7-5. Denial of permit

(a)   Denial of permit and notification. If the Commission determines that a permit should not be issued under the provisions of these rules, the Commission shall notify the applicant in writing of its determination by sending it through certified or registered mail to the applicant at the address specified in the application.

(b)   Final determination and/or reconsideration. The determination is final thirty (30) days after notification of the determination is served, unless the applicant, within the thirty-day period, requests reconsideration in writing to the Commission and provides written evidence showing why the application should have been approved. The Commission has up to a period of thirty (30) days from the receipt of the request. The Commission shall notify the applicant of its determination as specified in subsection (a) of this section. In the event of a second denial by the Commission of the permit request, the applicant can request a hearing before the Commission with reference to the application. A hearing under this section shall be open to the public. The applicant may appear and be heard either in person or by counsel and may present pertinent evidence and testimony. At the hearing, the applicant has the burden to show cause why the Commission should have issued the permit to erect the proposed structure.

[Source: Added at 28 Ok Reg 77, eff 9-17-10 (emergency); Added at 28 Ok Reg 766, eff 5-26-11]