06- 096 C.M.R. ch. 872, § 12

Current through 2024-51, December 18, 2024
Section 096-872-12 - Draft decision

The commissioner shall issue a draft decision granting or denying the exemption within 180 days after receiving the exemption application andall information requested by the department to determine if the exemption criteria are met. The draft decision must be mailed to: the applicant; to any person who submitted written comments on the application prior to the comment deadline set by the department; to any person who made a written request to receive the draft; and to the appropriate person in other states that regulate the sale of the product for which exemption is requested. The mailing of the draft decision must include notice of the date on which the commissioner is expected to issue a final decision on the exemption request and must provide a reasonable opportunity for submitting written comments on the draft decision.

If, in reviewing an application determined to be complete, the department requires additional information from the applicant and the applicant fails to respond within 120 days after the request is mailed by the department, such inaction constitutes grounds on which the commissioner may issue a draft decision denying the application.

06- 096 C.M.R. ch. 872, § 12