(a) The DACO shall have thirty (30) business days counted from the filing of a reservation contract or purchase agreement to ascertain compliance with the provisions of this chapter. If the DACO fails to express itself during such term, it shall be understood that the contract or agreement has received a positive evaluation and may be used by the vacation home developer or any other real estate broker or agent of the vacation home developer for purposes of the sales and marketing of the units of the project for which approval was requested.
(b) In case of an Initial Negative Evaluation, the DACO shall have to issue the same within thirty (30) business days counted from the filing of the reservation contract or purchase agreement, and shall be accompanied by specific, clear, and supported grounds. The vacation home developer shall have thirty (30) days following an Initial Negative Evaluation to submit an amended contract. The DACO shall have fifteen (15) days counted from the filing of an amended contract to evaluate compliance with the provisions of this chapter. If the DACO fails to express itself during such term, it shall be understood that the Amended Contract has received a positive evaluation and may be used. In case of a Negative Reevaluation, the DACO shall issue the same within said fifteen (15) day term, accompanied by specific, clear, and supported grounds. The vacation home developer shall have ten (10) days after receiving a negative reevaluation to request an administrative hearing. The DACO shall carry out such administrative hearing within ten (10) days after the same was requested, and shall make a final and binding decision within five (5) days after said administrative hearing. Any final and binding decision shall be subject to review, pursuant to §§ 2101 et seq. of Title 3.
(c) The date stamped by the DACO on the reservation contract, purchase agreement, or amended contract filed for approval shall be conclusive for the beginning of the terms provided herein.
(d) A negative reevaluation may not be upheld by the DACO in allegations for which no grounds were provided in the initial negative evaluation, insofar as the provision in question in the amended contract has not been altered by the vacation home developer.
(e) A final and binding decision not to approve an amended contract may not be supported by the DACO in allegations for which no grounds were provided in the Initial negative evaluation or in the negative reevaluation.
History —Dec. 16, 2009, No. 181, § 13.