§2570.41 Final denial letters.

The Department will issue a final denial letter denying a requested exemption, either by mail or electronically, if:

(a) Before issuing a tentative denial letter under §2570.38 or conducting a hearing on the exemption under either §2570.46 or §2570.47, the Department determines at its sole discretion that:

(1) The applicant has failed to submit information requested by the Department in a timely manner;

(2) The information provided by the applicant does not meet the requirements of §§2570.34 and 2570.35; or

(3) A conference was held between the Department and the applicant before the Department issued a tentative denial letter during which the Department and the applicant addressed the reasons for denial that otherwise would have been set forth in a tentative denial letter pursuant to §2570.38;

(b) The conditions for issuing a final denial letter specified in§2570.38(b) or §2570.39(d) are satisfied;

(c) After issuing a tentative denial letter under §2570.38 and considering the entire record in the case, including all written information submitted pursuant to §§2570.39 and 2570.40, the Department decides not to propose an exemption or to withdraw an exemption it already proposed;

(d) After proposing an exemption and conducting a hearing on the exemption under either §2570.46 or §2570.47 and after considering the entire record in the case, including the record of the hearing and any public comments, the Department decides to withdraw the proposed exemption; or

(e) The applicant either:

(1) Requests for the Department to withdraw the exemption application; or

(2) Communicates to the Department that it is not interested in continuing the application process.

[76 FR 66651 Oct. 27, 2011; 89 FR 4691, Jan. 24, 2024]