(1)
Where an applicant seeks to modify a permit application after the permit review
period has commenced under
400 CMR
3.07, the filing of the permit application
modification shall toll the permit review period. Issuing authorities shall
make every reasonable effort to review modification requests within as short a
period as is feasible to maintain the integrity of the Program. An issuing
authority shall notify the applicant in writing by mail or electronic mail
within 20 business days of receipt of a request for a modification whether the
modified application can be reviewed within the time remaining in the permit
review period, cannot be reviewed within the time remaining in the permit
review period, or needs additional information for the issuing authority to
render a decision.
(a) If the modified
application can be reviewed within the time remaining in the permit review
period, the issuing authority shall notify the applicant and the permit review
period shall resume on the calendar day following the day on which the issuing
authority sends notice to the applicant.
(b) If the modified application cannot be
reviewed within the time remaining in the permit review period, the issuing
authority shall notify the applicant and both parties shall mutually agree upon
a new time period for reviewing the modified application. Where the parties
cannot agree upon a new time period, notice shall be given to the Permit
Ombudsman. In no case may the new time period be greater than the time period
set forth in
400 CMR
3.07(1). Once the new time
period has been established, the applicant may:
1. agree to the new time period and continue
the Program with the modified permit application;
2. revoke the request to modify the permit
application and continue the Program with the original permit application;
or
3. withdraw the permit
application altogether and terminate participation in the Program.
(c) If additional information is
required for the issuing authority to render a decision about the modification,
the issuing authority shall notify the applicant and request the additional
information necessary to review the modification. After receiving the
additional information, the issuing authority shall have 20 business days to
review the additional information and make a determination about the
modification.
(2) If an
issuing authority determines during the 20 business days it has to review the
modification request that the permit will be denied as a result of the proposed
modification, the issuing authority shall notify the applicant and the
applicant may:
(a) submit a revised
modification request after consultation with the issuing authority;
(b) withdraw the modified permit application
and continue the Program with the original permit application; or
(c) withdraw the permit application
altogether and terminate participation in the Program.
