28-489. Application


A. An applicant for a set-aside assignment shall be a blender seeking an assignment
from the state set-aside program to meet an unblended gasoline shortage.


B. The department may:


1. Initiate an investigation of any statement in an application, whether written or
oral.


2. Utilize in its evaluation any relevant facts obtained by the investigation.


3. Solicit and accept submissions relevant to an application if the applicant is
afforded an opportunity to respond to all of the submissions.


4. In evaluating an application, consider any other sources of information.


C. The department may dismiss the application if both:


1. The department determines that there is insufficient information on which to
base a decision.


2. On request, the necessary additional information is not submitted.


D. On consideration of the application and other relevant information received or
obtained during the application process, the department shall either deny or grant the
application.


E. If the department fails to take action on an application within fifteen days
after filing, the applicant may treat the application as denied and may appeal.