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(a) The Department will entertain one request for reconsideration of an exemption application that the Department has denied pursuant to §2570.41 if the applicant either:
(1) Presents significant new facts or arguments in support of the application, which, for good reason, could not have been submitted for the Department's consideration during its initial review of the exemption application; or
(2) The applicant received a final denial letter pursuant to §2570.41(a) before the Department issued a tentative denial letter under §2570.38 or conducted a hearing on the exemption under either §2570.46 or §2570.47.
(b) An applicant must submit a request for reconsideration of a previously denied application within 180 days after the issuance of the final denial letter and include with the request a copy of the Department's final denial letter and a statement setting forth the new information and/or arguments that provide the basis for reconsideration.
(c) A request for reconsideration must also be accompanied by a certification that the new information provided to the Department is true and correct, which is signed by a person qualified under §2570.34(b)(6) to sign the certification.
(d) If, after reviewing a request for reconsideration, the Department decides that the facts and arguments presented do not warrant reversal of its original decision to deny the exemption, it will send a letter to the applicant reaffirming that decision.
(e) If, after reviewing a request for reconsideration, the Department decides to reconsider its final denial letter based on the new facts and arguments submitted by the applicant, it will notify the applicant of its intent to reconsider the application in light of the new information presented. The Department will then take whatever steps remained to be completed to process the exemption application when it issued its final denial letter.
(f) If, at any point during its subsequent processing of the application, the Department decides again that the exemption is unwarranted, it will issue a letter to the applicant affirming its final denial.
(g) The Department does not consider a request for reinstatement of an exemption application pursuant to §2570.44(d) as a request for reconsideration governed by this section.
(h) If an applicant whose application was finally denied pursuant to §2570.41(a)(1) or (2) cures the application by providing all required and requested information upon submission for reconsideration, the Department will reconsider the application under paragraph (e) of this section. If, upon reconsideration, the Department concludes that an exemption is not warranted, the Department will either hold a conference with the applicant under §2570.40 or issue a tentative denial pursuant to the procedures in §2570.38.
[76 FR 66653 Oct. 27, 2011; 89 FR 4691, Jan. 24, 2024]