Section 303.40 - Determination of compliance(a) Within 10 days after an application is filed pursuant to § 303.03 , the Assistant Secretary will determine whether the application complies with the requirements of §§ 303.04 and 303.05 .(b) If the Assistant Secretary determines that the application is incomplete, he or she may issue a notice dismissing the application without prejudice. If the application is dismissed, and statutory time period for completion of proceedings will not begin to run until a completed application is filed.