Current through Bulletin 2024-06, March 15, 2024
(1) Within ten
working days of receipt of a completed application, the managing agency shall
issue a facility use permit or notice of denial of the application.
(2) The managing agency may deny an
application if:
(a) The application does not
comply with the applicable rules;
(b) The event would conflict or interfere
with a state sponsored activity, a time or place reserved for freedom of speech
activities, the operation of state business, or a legislative session;
or
(c) The event poses a safety or
security risk to persons or property.
(3) The managing agency may place conditions
on the approval that alleviates such concerns.
(a) If the applicant disagrees with a denial
of the application or conditions placed on the approval, the applicant may
request a reconsideration of the managing agency's determination by delivering
the written request for reconsideration and reasons for the disagreement to the
managing agency within five working days of the issuance of the notice of
denial or approval with conditions.
(b) Within ten days after the managing agency
receives the written request for reconsideration, the managing agency may
modify or affirm the determination.
(c) If the matter is still unresolved after
the issuance of the managing agency's reconsideration determination, the
applicant may appeal the matter, in writing, within ten calendar days to the
Executive Director of the Department of Government Operations who will
determine the process of the appeal.
(5) Facility Use Permits are
non-transferable. The purpose, time, place, and other conditions of the
facility use permit may not be changed without the advance written consent of
the managing agency.
(6) An event
may be re-scheduled if the managing agency determines that an event will
conflict with a governmental function, free speech activity or state sponsored
activity.
(a) The managing agency may revoke
any issued permit if this rule, any applicable law, or any provision of the
permit is being violated. The permit may also be revoked if the safety or
health of any person is threatened.
(b) The permittee may cancel the permit and
receive a refund of fees, less any incurred costs to the state or managing
agency, and any deposits if written notice of cancellation is received by the
managing agency at least 48 hours before the scheduled event. Failure to timely
cancel the event will result in the forfeiture of any deposit and
fees.
