36.12.1501    PERMIT AND CHANGE APPLICATION DEFICIENCY LETTER AND TERMINATION

(1) If the department determines the application does not contain the information requested in ARM 36.12.1601, the department will notify the applicant in one deficiency letter of any defects in a permit or change application within 180 days of receipt of the application. The defects and the administrative rule not met will be identified in the deficiency letter.

(2) If all of the requested information in the deficiency letter is postmarked and submitted to the department within 30 days of the date of the deficiency letter or an extension of time of no more than 15 days, the priority date on a permit application will not be changed, or for change applications, the date received will not be changed. A request for extension of time must be submitted in writing.

(3) If all of the requested information in the deficiency letter is postmarked or submitted within 31 to 90 days of the date of the deficiency letter unless extended under (2) , the permit application priority date will be changed to the date when the department receives all of the requested information, or for a change application, the date received will be changed.

(4) If all of the requested information in the deficiency letter is not postmarked or submitted within 90 days of the date of the deficiency letter, the permit or change application will be terminated and the application fee will not be refunded.

History: 85-2-113, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05.