41-1073

41-1073. Time frames; exception

A. No later than December 31, 1998, an agency that issues licenses shall have in
place final rules establishing an overall time frame during which the agency will either
grant or deny each type of license that it issues. Agencies shall submit their overall
time frame rules to the governor's regulatory review council pursuant to the schedule
developed by the council. The council shall schedule each agency's rules so that final
overall time frame rules are in place no later than December 31, 1998. The rule
regarding the overall time frame for each type of license shall state separately the
administrative completeness review time frame and the substantive review time frame.

B. If a statutory licensing time frame already exists for an agency but the
statutory time frame does not specify separate time frames for the administrative
completeness review and the substantive review, by rule the agency shall establish
separate time frames for the administrative completeness review and the substantive
review, which together shall not exceed the statutory overall time frame. An agency may
establish different time frames for initial licenses, renewal licenses and revisions to
existing licenses.

C. The submission by the department of environmental quality of a revised permit to
the United States environmental protection agency in response to an objection by that
agency shall be given the same effect as a notice granting or denying a permit
application for licensing time frame purposes. For the purposes of this subsection,
"permit" means a permit required by title 49, chapter 2, article 3.1 or section 49-426.

D. In establishing time frames, agencies shall consider all of the following:

1. The complexity of the licensing subject matter.

2. The resources of the agency granting or denying the license.

3. The economic impact of delay on the regulated community.

4. The impact of the licensing decision on public health and safety.

5. The possible use of volunteers with expertise in the subject matter area.

6. The possible increased use of general licenses for similar types of licensed
businesses or facilities.

7. The possible increased cooperation between the agency and the regulated
community.

8. Increased agency flexibility in structuring the licensing process and personnel.

E. This article does not apply to licenses issued either:

1. Pursuant to tribal state gaming compacts.

2. Within seven days after receipt of initial application.

3. By a lottery method.