SECTION 460:10-17-11. Permit approval or denial actions

(a)   The Department shall approve, require modification of, or deny all application for permits on the basis of:

(1)   Complete applications for permits and revisions or renewals and transfers or sales thereof; and

(2)   Public participation; and

(3)   Process and review of application as required by this Subchapter.

(b)   The Department shall take action as required under (a) of this Section, within the following times:

(1)   If a conference has been held under section 460:10-17-7 within a reasonable time after the close of the conference; or

(2)   If no conference has been held under Section 460:10-17-7 then within 30 days after receipt by the Department of the complete application. The Department shall determine the time for processing and take into account:

(A)   The time needed for proper investigation of the proposed permit and adjacent areas;

(B)   The complexity of the application; and

(C)   Whether written objections have been filed with the Department.

(3)   Notwithstanding any of the foregoing provisions of this Section, no time limit under this Chapter or this section requiring the Department to act shall be considered expired from the time the Department initiates a proceeding under section 460:10-17-9(d) until the final decision of the hearing.

(c)   If a conference is held under Section 460:10-17-7 the Department shall give its written findings to the permit applicant and to each person who is a party to the conference, approving, modifying or denying the application in whole, or in part, and stating the specific reasons therefore in the decision.

(d)   If no such conference has been held, the Department shall give its written findings to the permit applicant, approving, modifying or denying the application in whole, or in part, and stating the specific reasons in the decision.

[Source: Amended at 21 Ok Reg 2977, eff 7-26-04]