Current through Bulletin 2024-18, September 15, 2024
(1) Within ten
working days of receipt of a completed application, the Executive Director
shall issue a Facility Use Permit or notice of denial of the
application.
(2) The Executive
Director may deny an application if:
(a) the
application does not comply with the applicable rules;
(b) the Event or Solicitation would conflict
or interfere with a State Sponsored Activity, a time or place reserved for a
Free Speech Activity, the operation of state business, or a legislative
session; or
(c) the Event or
Solicitation poses a safety or security risk to persons or property.
(3) The Executive Director may
place conditions on the approval that alleviates such concerns.
(4)
(a) If
the applicant disagrees with a denial of the application or conditions placed
on the approval, the applicant may appeal the Executive Director's
determination by delivering the written appeal and reasons for the disagreement
to the Executive Director within five working days of the issuance of the
notice of denial or approval with conditions.
(b) Within ten working days after the
Executive Director receives the written appeal, the Executive Director may
modify or affirm the determination.
(c) If the matter is still unresolved after
the issuance of the Executive Director's reconsideration determination, the
applicant may appeal the matter, in writing, within ten working days to the
Board's Chairperson, or their designee, who will determine the process of the
appeal.
(d) The applicant may
appeal the Chairperson's, or the Chairperson's designee's, determination in
writing within ten working days of receipt of the written determination, by
submitting a written appeal at the Board's office. The Board shall consider the
appeal at its next regularly scheduled meeting.
(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 Executive Director. At least 30 calendar days' advance written notice is
required for the applicant to request a change in the date, time or place of
the Event or Solicitation. If there is no conflict with another scheduled Event
or Solicitation, the Executive Director may adjust the Facility Use Permit in
regard to the date, time or place based upon the request.
(6) An Event or Solicitation may be
re-scheduled if the Executive Director determines that the Event or
Solicitation will conflict with a governmental function, Free Speech Activity
or State Sponsored Activity.
(a) The Executive
Director may revoke any issued Permit if this Rule R131-2, 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 applicant may cancel the Permit and
receive a full refund of fees and any deposits if written notice of
cancellation is received by the Executive Director at least 30 calendar days
before the scheduled Event or Solicitation. Failure to timely cancel the Event
or Solicitation will result in the forfeiture of any deposit and
fees.
