§91-13.5  Maximum time period for businessor development-related permits, licenses, or approvals; automatic approval;extensions.  (a)  Unless otherwise provided by law, an agency shall adoptrules that specify a maximum time period to grant or deny a business ordevelopment-related permit, license, or approval; provided that the applicationis not subject to state administered permit programs delegated, authorized, orapproved under federal law.

(b)  All such issuing agencies shall clearlyarticulate informational requirements for applications and review applicationsfor completeness in a timely manner.

(c)  All such issuing agencies shall takeaction to grant or deny any application for a business or development-relatedpermit, license, or approval within the established maximum period of time, orthe application shall be deemed approved; provided that a delay in granting ordenying an application caused by the lack of quorum at a regular meeting of theissuing agency shall not result in approval under this subsection; providedfurther that any subsequent lack of quorum at a regular meeting of the issuingagency that delays the same matter shall not give cause for further extension,unless an extension is agreed to by all parties.

(d)  Notwithstanding any other law to thecontrary, any agency that reviews and comments upon an application for abusiness or development-related permit, license, or approval for a housingproject developed under section 201H-38 shall respond within forty-five days ofreceipt of the application, or the application shall be deemed acceptable assubmitted to the agency.

(e)  The maximum period of time establishedpursuant to this section shall be extended in the event of a national disaster,state emergency, or union strike, which would prevent the applicant, theagency, or the department from fulfilling application or review requirements.

(f)  This section shall not apply to:

(1)  Any proceedings of the public utilitiescommission; or

(2)  Any county or county agency that is exempted bycounty ordinance from this section.

(g)  For purposes of this section,"application for a business or development-related permit, license, orapproval" means any state or county application, petition, permit,license, certificate, or any other form of a request for approval required bylaw to be obtained prior to the formation, operation, or expansion of acommercial or industrial enterprise, or for any permit, license, certificate,or any form of approval required under sections 46-4, 46-4.2, 46-4.5, 46-5, andchapters 183C, 205, 205A, 340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F,342G, 342H, 342I, 342J, 342L, and 342P. [L 1998, c 164, §3; am L 2005, c 68, §1;am L 2006, c 217, §3 and c 280, §2; am L 2007, c 249, §43]

 

Case Notes

 

  The liquor commission's failure to comply with §91-11,requiring that all commissioners personally consider the entire record before votingon a liquor license application, was not a "failure to act" such aswould trigger the automatic approval provision of this section where the liquorcommission voted, albeit ineffectively, within the fifteen day periodprescribed by §281-59.  118 H. 320, 189 P.3d 432.