935 CMR, § 501.102

Current through Register 1530, September 13, 2024

Section 501.102 - Action on Applications

(1)Action on Each Application. The Commission shall grant Licenses with the goal of ensuring that the needs of the Commonwealth are met regarding access, quality, and community safety.

(a) License applications shall be evaluated based on the applicant's:

1. Demonstrated compliance with the laws and regulations of the Commonwealth;

2. Suitability for licensure based on the provisions of 935 CMR 501.101(1), 501.800 and 501.801; and

3. Evaluation of the thoroughness of the applicant's responses to the required criteria. The Commission shall consider each License application submitted by an applicant on a rolling basis.

(b) The Commission shall notify each applicant in writing that:

1. The application has been deemed complete. Once deemed complete, the Commission reserves the right to approve or deny the License application.

2. The application has been deemed incomplete, and include the grounds for which it has been deemed incomplete; or

3. The Commission requires further information within a specified period of time before the packet is determined to be complete.

(c) Failure of the applicant to adequately address all required items in its application in the time required under 935 CMR 501.102 by the Commission will result in evaluation of the application as submitted. Nothing in 935 CMR 501.101 is intended to confer a property or other right or interest entitling an applicant to a meeting before an application may be denied.

(d) On determination that the application is complete, a copy of the completed application, to the extent permitted by law, will be forwarded to the municipality in which the MTC will be located. The Commission shall request that the municipality respond within 60 days of the date of the correspondence that the applicant's proposed MTC complies with municipal bylaws or ordinances.

(e) The applicant shall keep current all information required by 935 CMR 501.000 or otherwise required by the Commission. The applicant shall report any changes in or additions to the content of the information contained in the application to the Commission within five business days after such change or addition. If a material change occurs to an application deemed complete, the Commission may deem the application incomplete pending further review. If an application initially deemed complete, and later deemed incomplete, a notice will be provided to the applicant. An incomplete application must be fully evaluated pursuant to 935 CMR 501.102 (1)(a) prior to being deemed complete again and submitted to the Commission pursuant to M.G.L. c. 94G, § 5(a).

(2)Action on Completed Application.

(a) The Commission shall review applications from applicants in the order they were submitted as determined by the Commission's electronic licensing system.

(b) The Commission shall grant or deny a provisional License not later than 90 days following notification to the applicant that all required packets are considered complete. Applicants shall be notified in writing that:

1. the applicant shall receive a provisional License which may be subject to further conditions as determined by the Commission; or

2. the applicant has been denied a License. Denial shall include a statement of the reasons for the denial.

(c) Failure of the applicant to complete the application process within the time specified by the Commission in the application instructions shall be grounds for denial of a License.

(3)Action on Application Submissions under 935 CMR 501.101(2).

(a) The Commission shall not consider an application that is submitted after the due date specified.

1. An applicant that has submitted an Application of Intent shall be invited to the Management and Operations Profile phase within six months of November 1, 2019. Failure to do so will result in the expiration of the application.

2. An applicant that has been invited to the Management and Operations Profile shall submit the Management and Operations Profile within 45 days of the invite. Failure to do so will result in the expiration of the application.

3. An applicant that has been invited to the Management and Operations Profile shall be invited to submit a Siting Profile within 12 months of the invite to the Management and Operations Profile. Failure to do so will result in the expiration of the application.

4. An applicant that has been invited to the Siting Profile shall obtain a provisional License within 12 months of the invite to the Siting Profile. Failure to do so will result in the expiration of the application.

(b) Once the Application of Intent and Management and Operations Profile have been submitted, respectively, and deemed complete, the applicant will be invited by notice to the next stage of the application.

(c) Once the Siting Profile has been deemed complete, the applicant will receive notice. Notice and a copy of the completed application, to the extent permitted by law, will be forwarded to the municipality (or municipalities) in which the MTC will be located. The Commission shall request that the municipalities respond within 60 days of the date of the correspondence that the applicant's proposed MTC is in compliance with municipal bylaws or ordinances.

(d) Failure of the applicant to adequately address all required items in its application will result in evaluation of the application as submitted. The applicant will not be permitted to provide supplemental materials, unless specifically requested by the Commission.

(e) The Commission shall grant or deny a provisional License once the application, and all its sections, have been deemed complete and all third-party documentation has been reviewed. Applicants shall be notified in writing that:

1. The applicant shall receive a provisional License which may be subject to further conditions as determined by the Commission; or

2. The applicant has been denied a License. Denial shall include a statement of the reasons for the denial.

(f)935 CMR 501.103 shall apply to all applicants that are granted a provisional License under 935 CMR 501.101.