324.1307 Approval or denial of permit application; extension of processing period; tolling of processing period; explanation of reasons for permit denial; failure of depa

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324.1307 Approval or denial of permit application; extension of processing period; tolling of processing period; explanation of reasons for permit denial; failure of department to satisfy requirements of subsection (1); effect; notification to legislative committees.

Sec. 1307.

(1)By the processing deadline, the department shall approve or deny an application for a permit.

(2)If requested by the permit applicant, the department shall extend the processing period for a permit by not more than 120 days, as specified by the applicant. If requested by the permit applicant, the department may extend the processing period beyond the additional 120 days. However, a processing period shall not be extended under this subsection to a date later than 1 year after the application period ends.

(3)A processing period is tolled from the date that a permit applicant submits a petition under section 1315(1) until the date that a decision of the director is made under section 1315(6). If a permit applicant submits a petition under section 1315(1), the department shall not approve or deny the application for the permit under subsection

(1)until after the director issues a decision under section 1315(6).

(4)The approval or denial of an application for a permit shall be in writing and shall be based upon evidence that would meet the standards in section 75 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.275.

(5)Approval of an application for a permit may be granted with conditions or modifications necessary to achieve compliance with the part or parts of this act under which the permit is issued.

(6)A denial of an application for a permit or, for a permit under part 301 or 303, an approval with modification of an application for a permit shall document, and any review upholding the denial or modification shall determine, to the extent practical, all of the following:

(a)That the decision is based on specifically cited provisions of this act or rules promulgated under this act.

(b)That the decision is based upon sufficient facts or data, which are recorded in the file.

(c)To the extent applicable, all of the following:

(i)That the decision is the product of reliable scientific principles and methods.

(ii)That the decision has applied the principles and methods reliably to the facts.

(d)In the case of denial of an application for a permit under part 301 or 303, suggestions on changes to allow the permit to be approved.

(7)Except for permits described in subsection (8), if the department fails to satisfy the requirements of subsection

(1)with respect to an application for a permit, the department shall pay the applicant an amount equal to 15% of the greater of the following, as applicable:

(a)The amount of the application fee for that permit.

(b)If an assessment or other fee is charged on an annual or other periodic basis by the department to a person holding the permit for which the application was submitted, the amount of the first periodic charge of that assessment or other fee for that permit.

(8)If the department fails to satisfy the requirements of subsection

(1)with respect to a permit required by section 11509, 11512, 30304, or 32603, the application shall be considered to be approved and the department shall be considered to have made any determination required for approval.

(9)The failure of the department to satisfy the requirements of subsection

(1)or the fact that the department is required to make a payment under subsection

(7)or is considered to have approved a permit under subsection

(8)shall not be used by the department as the basis for discriminating against the applicant. If the department is required to make a payment under subsection (7), the application shall be processed in sequence with other applications for the same type of permit, based on the date on which the processing period began, unless the director determines on an application-by-application basis that the public interest is best served by processing in a different order.

(10)If the department fails to satisfy the requirements of subsection

(1)with respect to 10% or more of the applications for a particular type of permit received during a quarter of the state fiscal year, the department shall immediately devote resources from that program to eliminate any backlog and satisfy the requirements of subsection

(1)with respect to new applications for that type of permit within the next fiscal quarter.

(11)If the department fails to satisfy the requirements of subsection (1), the director shall notify the appropriations committees of the senate and house of representatives of the failure. The notification shall be in writing and shall include both of the following:

(a)An explanation of the reason for the failure.

(b)A statement of the amount the department was required to pay the applicant under subsection

(7)or a statement that the department was required to consider the application to be approved under subsection (8), as applicable.

History: Add. 2004, Act 325 , Imd. Eff. Sept. 10, 2004 ;-- Am. 2011, Act 218 , Imd. Eff. Nov. 10, 2011 ;-- Am. 2011, Act 236 , Imd. Eff. Dec. 1, 2011 ;-- Am. 2012, Act 164 , Imd. Eff. June 14, 2012 ;-- Am. 2013, Act 98 , Imd. Eff. July 2, 2013 ;-- Am. 2018, Act 268 , Imd. Eff. June 29, 2018 ;-- Am. 2018, Act 631 , Eff. Mar. 29, 2019

Popular Name: Act 451

Popular Name: NREPA