Current through Register No. 12, March 21, 2024
(a) A petition for reconsideration by the
division director:
(1) For revocation of a
permit pursuant to
Pda
507.03, shall be filed with the division director
within 10 business days from receipt of notice of the revocation; and
(2) For a permit denial pursuant to
Pda
506.06(f),
Pda
506.07(h),
Pda
506.08(h),
Pda
506.10(f), or
Pda
506.11(g), shall be filed with the
division director within 10 business days from receipt of notice of the permit
denial.
(b) The division
director shall:
(1) Reconsider a permit
revocation or denial within 10 business days of receipt of the petition for
reconsideration; and
(2) Notify the
petitioner of his or her decision under (c) below within 10 business days of
reconsideration.
(c) When
reconsidering the decision to deny or revoke the permit, the division director
shall consider all information on file with division relating to the denied or
revoked permit and any new or additional information relevant to the matter
under reconsideration that was not available regarding a permit:
(1) Denial, when the application in question
was submitted; or
(2) Revocation,
when the decision to revoke a permit was rendered.
(d) The division director shall issue the
permit sought after in the petition for reconsideration if, after
reconsideration, the division director finds:
(1) One or more of the following:
a. It is more likely than not that the
decision to deny or revoke a permit was based on an error of law or
fact;
b. That there was a lack of
facts that could reasonably sustain the decision to deny or revoke the permit;
or
c. In the case of denial of a
permit because of a late filing under
Pda
506.04(d), that:
1. The petitioner was temporarily
incapacitated for:
(i) Fifty percent or more
of the application period; or
(ii)
One day or more during the final 10 days of the application period;
2. The petitioner was on active
military service at any time during the application period;
3. The late filing was caused by the failure
of any state or governmental agency to timely provide the petitioner with
documentation required for an application under Pda 500; or
4. A death in the immediate family occurred
during the final 10 days of the application period. For the purposes of this
paragraph, "immediate family" means grandparents, parents, siblings, spouse,
children, or grandchildren; and
(2) All of the following:
a. The petition for reconsideration was
timely filed in accordance with (a) above;
b. The petition for reconsideration filed by
the petitioner meets all of the requirements of
Pda
514.03; and
c. The petitioner:
1. Meets all of the requirements under Pda
500 for the permit;
2. Has provided
written documentation for any reason claimed under (1)c. above, including, but
not limited to:
(i) In the case of temporary
incapacitation:
i. A signed letter from a
doctor, nurse, or other medical provider or caregiver attesting to the
petitioner's incapacitation;
ii. A
copy of a bill or invoice from an institution where the petitioner received
medical or rehabilitative treatment or care; or
iii. A copy of a statement from an insurance
company showing that costs for medical or rehabilitative treatment or care were
submitted to the company for services for the petitioner;
(ii) In the case of military service, a
signed letter from the petitioner's commanding officer or supervisor attesting
to the petitioner's military service;
(iii) In the case of the failure of any state
or federal agency to provide the petitioner with documentation needed for an
application under Pda 500, a copy of correspondence between the petitioner and
a state or governmental agency, showing that the petitioner timely sought
documentation needed for an application under Pda 500, but was not provided
with the documentation in a timely manner; or
(iv) In the case of a death in the immediate
family, to identify the name of the deceased, the relationship to the
petitioner, and the date of death; and
3. Has paid the mooring permit reapplication
late fee, in the case of petition granted under (1)c. above.
(e) The
division director shall deny the request to issue or reinstate the permit if,
after reconsideration, the division director finds that:
(1) It is more likely than not that the
decision was not based on any error of law;
(2) There were facts reasonably sustaining
the decision;
(3) In the case of a
late filing under
Pda
506.04(d), the petitioner failed to
meet the requirements under (d)(1)c. above;
(4) The petition for reconsideration was not
timely filed in accordance with (a) above;
(5) The petition for reconsideration filed by
the petitioner does not meet all of the requirements of
Pda
514.03; or
(6) The petitioner:
a. Does not meet all of the requirements
under Pda 500 for the permit;
b.
Has not provided written documentation for any reason claimed under (d)(1)c.
above; or
c. Has not paid the
mooring permit reapplication late fee, in the case of petition filed under
(d)(1)c. above.
(f) If, after reconsideration, the division
director grants the request to issue or reinstate the permit sought after in
the petition for reconsideration, the petitioner shall return to the division a
completed application for the permit sought within 10 business days of receipt
of the division director's decision.
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; ss by #9641,
eff 2-1-10 (formerly Pda 514.03 ); ss by #9975, eff
8-20-11 (See Revision Note at chapter heading for Pda
500)
