Current through September 30, 2024
Section 2570.41 - Final denial lettersThe Department will issue a final denial letter denying a requested exemption, either by mail or electronically, if:
(a) Before issuing a tentative denial letter under § 2570.38 or conducting a hearing on the exemption under either § 2570.46 or § 2570.47 , the Department determines at its sole discretion that:(1) The applicant has failed to submit information requested by the Department in a timely manner;(2) The information provided by the applicant does not meet the requirements of §§ 2570.34 and 2570.35 ; or(3) A conference was held between the Department and the applicant before the Department issued a tentative denial letter during which the Department and the applicant addressed the reasons for denial that otherwise would have been set forth in a tentative denial letter pursuant to § 2570.38 ;(b) The conditions for issuing a final denial letter specified in § 2570.38(b) or § 2570.39(d) are satisfied;(c) After issuing a tentative denial letter under § 2570.38 and considering the entire record in the case, including all written information submitted pursuant to §§ 2570.39 and 2570.40 , the Department decides not to propose an exemption or to withdraw an exemption it already proposed;(d) After proposing an exemption and conducting a hearing on the exemption under either § 2570.46 or § 2570.47 and after considering the entire record in the case, including the record of the hearing and any public comments, the Department decides to withdraw the proposed exemption; or(e) The applicant either: (1) Requests for the Department to withdraw the exemption application; or(2) Communicates to the Department that it is not interested in continuing the application process.