205 Mass. Reg. 118.03

Current through Register 1523, June 7, 2024
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; or
b. 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.

205 CMR 118.03