Section 8445.2 - Extension of Conditional Designation Deadline; Modification of Conditional Designation Document(a) A final applicant which is awarded conditional designation shall be permitted to submit a request to the Agency to either:(1) extend the time within which the final applicant must satisfy the conditions stated in the section 8445 conditional designation document; or(2) modify the conditions. The request shall be received by the Agency prior to the expiration of the one hundred and eighty (180) day time period stated in the conditional designation document.
(b) The final applicant shall describe the actions taken by the final applicant to comply with the conditional designation document, and shall provide a detailed explanation of the reasons why the final applicant cannot satisfy all of the conditions precedent to final designation within one hundred and eighty (180) days.(c) The Agency shall grant the request for an extension of time based upon a finding that the final applicant has substantially complied with the terms of the conditional designation document within the one hundred and eighty (180) day period, and that the final applicant requires an additional time period within which to comply with all of the terms of the conditional designation document or that the final applicant needs to modify the terms of the conditional designation document.(d) Notwithstanding subsection (c) above, the Agency shall deny the request if a modification of the terms of the conditional designation document would result in the final applicant receiving a lower score on the section 8443.2 Final Economic Development Plan than attained when the final application was originally evaluated and scored.(e) The Agency shall respond in writing to the request for a time extension within twenty-one (21) days after receipt of the request. If the Agency grants a time extension, the Agency's response shall specify the conditions which must be satisfied, together with the time deadline by which those conditions must be satisfied before the Agency will award final designation.(f) Simultaneous to granting the request, the Agency shall amend the conditional designation document to include any amendments requested by the final applicant and approved by the Agency.Cal. Code Regs. Tit. 25, § 8445.2
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).
4. Change without regulatory effect amending subsections (e)-(f) filed 6-15-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 24).
5. Change without regulatory effect renumbering title 10, section 5616 to title 25, section 8445.2 and amending section filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29). Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).
4. Change without regulatory effect amending subsections (e)-(f) filed 6-15-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 24).
5. Change without regulatory effect renumbering title 10, section 5616 to title 25, section 8445.2 and amending section filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29).