Sec. 14.29.06.04. Review of Petitions  


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  • A. Upon receiving a petition, the Administrator shall:

    (1) Review the petition;

    (2) Review the decision of the Authority that the petitioner disputes; and

    (3) Refer to the Authority for its consideration the petition and the results of the Administrator’s review.

    B. Within 90 days of receipt by the Administrator of a petition, the Authority shall consider the petition at meeting of the Authority during which the Authority shall:

    (1) Review the petition;

    (2) Consider the results of the Administrator’s review of the petition;

    (3) Provide the petitioner an opportunity to address the Authority and present to the Authority any additional information or evidence that is relevant to the petition; and

    (4) Make a determination to:

    (a) Alter, amend, or rescind the decision of the Authority; or

    (b) Deny the petition by affirming the decision of the Authority.

    C. The Administrator shall promptly send written notice to the petitioner of the Authority’s determination under §B(4) of this regulation.

    D. The Authority’s minutes for a meeting during which it considers a petition shall include:

    (1) A summary of all oral statements and discussions concerning the petition;

    (2) A copy of all documents submitted to, received by, or considered by the Authority on the petition; and

    (3) The Authority’s determination on the petition.