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



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



(c)  All such issuing agencies shall take
action to grant or deny any application for a business or development-related
permit, license, or approval within the established maximum period of time, or
the application shall be deemed approved; provided that a delay in granting or
denying an application caused by the lack of quorum at a regular meeting of the
issuing agency shall not result in approval under this subsection; provided
further that any subsequent lack of quorum at a regular meeting of the issuing
agency 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 the
contrary, any agency that reviews and comments upon an application for a
business or development-related permit, license, or approval for a housing
project developed under section 201H-38 shall respond within forty-five days of
receipt of the application, or the application shall be deemed acceptable as
submitted to the agency.



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



(f)  This section shall not apply to:



(1)  Any proceedings of the public utilities
commission; or



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



(g)  For purposes of this section,
"application for a business or development-related permit, license, or
approval" means any state or county application, petition, permit,
license, certificate, or any other form of a request for approval required by
law to be obtained prior to the formation, operation, or expansion of a
commercial 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, and
chapters 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 voting
on a liquor license application, was not a "failure to act" such as
would trigger the automatic approval provision of this section where the liquor
commission voted, albeit ineffectively, within the fifteen day period
prescribed by §281-59.  118 H. 320, 189 P.3d 432.