Current through Register No. 12, March 21, 2024
(a) A petition for reconsideration by the
authority shall be filed by the petitioner with the authority within 10
business days from receipt of notice that the authority has denied:
(1) The issuance of a commercial mooring for
hire mooring permit pursuant to
Pda
506.09(h);
(2) A request to transfer a commercial use
mooring permit pursuant to
Pda
508.01(a) or (b); or
(3) A request to transfer a commercial
mooring for hire mooring permit pursuant to
Pda
508.02.
(b) The authority shall review and make a
decision on whether or not to grant a petition for reconsideration at its next
regularly scheduled meeting, if the petition was received at least 10 business
days before such meeting. If the petition was not received at least 10 business
days before the authority's next regularly scheduled meeting, the authority
shall review and make a decision on whether or not to grant the petition for
reconsideration at the authority's following regularly scheduled meeting. The
authority shall notify the petitioner of the authority's decision on whether to
grant or deny the petition within 5 business days of the decision.
(c) When making a decision on a petition for
reconsideration, the authority shall consider all information on file with the
division concerning the authority's denial under
Pda
514.02(b) and any new or additional
information relevant to the matter under reconsideration that was not available
regarding:
(1) A permit denial, when the
application in question was submitted; or
(2) The transfer of a commercial mooring
permit, when the decision to refuse the permit transfer was rendered.
(d) The authority shall remand the
matter to the division director for issuance of the permit or for granting a
request for a transfer sought after in the petition for reconsideration, if,
after reconsideration, the authority finds:
(1) One or more of the following:
a. It more likely than not that the
authority's decision concerning the issuance or transfer of the mooring 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 by 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 or transfer;
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
authority shall deny the request to issue or transfer the permit specified in
Pda
514.02(b) if, after reconsideration,
the authority 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 or transfer;
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 authority grants the request to issue or transfer
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 authority's decision.
#9641, eff 2-1-10 (formerly
Pda
514.04 ); ss by #9975, eff 8-20-11 (See Revision Note
at chapter heading for Pda 500)
