Current through Register 1538, January 3, 2025
Section 118.03 - RFA-2 Administrative Completeness Review(1) The executive director or his or her designee will conduct an administrative completeness review of each RFA-2 application and will send either a positive determination of administrative completeness or a negative determination of administrative completeness to the applicant and to the commission. (a) Upon the issuance of a positive determination of administrative completeness, the RFA-2 application may proceed to further review under 205 CMR 118.00.(b) Upon issuance of a negative determination of administrative completeness the executive director or his or her designee will notify the applicant of the negative determination by email and the RFA-2 application shall not proceed to further review under 205 CMR 118.00 unless the deficiency is cured in accordance with 205 CMR 118.03(1)(c).(c) If an applicant receives a negative determination of administrative completeness the executive director may, at the request of the applicant, allow the applicant to cure the deficiency in a prescribed manner no later than: 1. seven days from the date of filing of the email notice described in 205 CMR 118.03(1)(b) if either: a. The application omits a requirement set forth in M.G.L. c. 23K, § 15; orb. The executive director or his or her designee determines that the application is otherwise deficient in a material respect;2. 14 days from the date of the email notice described in 205 CMR 118.03(1)(b) if the executive director or his or her designee determines that the deficiency is non-material;(d) If the applicant fails to remedy a non-material deficiency in the application, the executive director or his or her designee may, on the applicant's request, issue a positive determination and allow the application to proceed, in which event the commission will take the deficiency into account in its overall evaluation process.(e) The applicant may file a petition for appeal, or waiver or variance in accordance with 205 CMR 102.03(4), with the commission relative to a decision made by the executive director or his or her designee in accordance with 205 CMR 118.03.(2) A positive determination of administrative completeness shall not constitute a finding with respect to the technical suitability, adequacy or accuracy of the information submitted, and shall not bar a request for further information by the commission, the bureau or their agents and employees under 205 CMR 118.04 and/or 205 CMR 112.00: Required Information and Applicant Cooperation.