SECTION 310:2-11-4. Common procedures  


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  • (a)   Filing of applications. Unless otherwise provided in this Subchapter, upon the receipt of an application and the proper fee, each Division shall:
    (1)   file-stamp the application with the date of receipt, the Division name and the application number; and
    (2)   assign each application to a named person who will do the review. This information shall be timely logged.
    (b)   Administrative completeness review. Unless otherwise provided in this Subchapter, the reviewer shall have 60 calendar days in which to initially determine if the filed application is administratively complete.
    (1)   Not complete. Upon determining that the application is not administratively complete, the reviewer shall immediately notify the applicant by mail and shall indicate with reasonable specificity the inadequacies and measures necessary to complete the application. Such notification shall not require or preclude further review of the application and further requests for specific information. If the reviewer fails to notify the applicant as specified in this Paragraph, the period for technical review shall begin at the close of the administrative completeness review period.
    (2)   Complete. Upon a determination that the application is administratively complete, the reviewer shall log the date and immediately notify the applicant by mail. The period for technical review begins.
    (c)   Technical review. Each Division involved shall have thirty (30) days from the date a completed application is filed to review each application for technical compliance with the relevant regulations and reach a final determination.
    (d)   When times are tolled. The time period for technical review is toiled (the clock stops) during litigation, during public review (public meetings or hearings, administrative hearings, public comment periods, and review by other federal or State agencies) or when the Division has asked for supplemental information and advised the applicant that the time period is tolled pending receipt.
    (e)   Supplements. To make up for time lost in reviewing inadequate materials, a request for supplemental information may specify that up to 30 additional calendar days may be added to the deadline for technical review, unless the request for supplemental information is a second or later request that identifies new deficiencies not previously identified.
    (f)   Delays. Failure by an applicant to supplement an application within 180 days after the request shall be deemed to be withdrawn unless the time is extended by agreement for good cause.
    (g)   Extensions. Extensions may be made as provided by law.
[Source: Added at 10 Ok Reg 95, eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff 5-27-99]