(1) The executive director or his or her
designee will conduct an administrative completeness review of each RFA-2
application and will send either a positive determination of administrative
completeness or a negative determination of administrative completeness to the
applicant and to the commission.
(a) Upon the
issuance of a positive determination of administrative completeness, the RFA-2
application may proceed to further review under
205 CMR 118.00.
(b) Upon issuance of a negative determination
of administrative completeness the executive director or his or her designee
will notify the applicant of the negative determination by email and the RFA-2
application shall not proceed to further review under
205 CMR 118.00 unless the
deficiency is cured in accordance with 205 CMR 118.03(1)(c).
(c) If an applicant receives a negative
determination of administrative completeness the executive director may, at the
request of the applicant, allow the applicant to cure the deficiency in a
prescribed manner no later than:
1. seven
days from the date of filing of the email notice described in 205 CMR
118.03(1)(b) if either:
a. The application
omits a requirement set forth in M.G.L. c. 23K, § 15; or
b. The executive director or his or her
designee determines that the application is otherwise deficient in a material
respect;
2. 14 days from
the date of the email notice described in 205 CMR 118.03(1)(b) if the executive
director or his or her designee determines that the deficiency is
non-material;
(d) If the
applicant fails to remedy a non-material deficiency in the application, the
executive director or his or her designee may, on the applicant's request,
issue a positive determination and allow the application to proceed, in which
event the commission will take the deficiency into account in its overall
evaluation process.
(e) The
applicant may file a petition for appeal, or waiver or variance in accordance
with
205 CMR
102.03(4), with the
commission relative to a decision made by the executive director or his or her
designee in accordance with 205 CMR 118.03.
(2) A positive determination of
administrative completeness shall not constitute a finding with respect to the
technical suitability, adequacy or accuracy of the information submitted, and
shall not bar a request for further information by the commission, the bureau
or their agents and employees under
205 CMR
118.04 and/or
205 CMR 112.00:
Required Information and Applicant Cooperation.
