SECTION 310:2-11-5. Pending failures

(a)   Circumstances outside agency control. Technical review times shall be tolled for specified times when, prior to the deadline, the Commissioner certifies that a failure to meet a deadline is imminent and is caused by circumstances outside the control of the Department. Such circumstances include, but are not limited to, acts of God, a substantial and unexpected increase in the number of applications filed, and additional review duties imposed on the Department from an outside source.

(b)   Other circumstances. Where circumstances which are not clearly outside the control of the Department may cause a failure to meet a deadline, then:

(1)   At least thirty (30) calendar days prior to the deadline the Department shall reassign staff and/or retain outside consultants to meet such deadline.

(2)   The Applicant may agree to an extension of time for a specific purpose and period of time with a refund of the entire application fee, unless a refund is prohibited 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]