| (a) Unless the exception in subsection (b) of this
section applies, the commission shall not issue a new license or permit
until 15 days have elapsed since the commission updated its public
database to show the application as pending.
(b) If the executive director determines that there
is a compelling reason to issue a license or permit before 15 days
have elapsed since the commission updated its public database to show
the application as pending, the executive director may grant conditional
approval of the license or permit. If no valid protests are filed
at the end of the 15-day period, the license or permit becomes approved
by operation of law. If one or more valid protests are filed before
the time period for filing protests has expired, the conditional approval
is revoked and the executive director shall provide notice of the
revocation to the applicant.
(c) Approval of an application for a license or permit
is conditional until the payment of application fees has cleared.
If a financial instrument is returned for insufficient funds, or there
is any other failure of fee payment, and the applicant fails to remit
required fees within ten (10) business days of the agency's request
for payment, the application may be considered withdrawn by the applicant
pursuant to section 33.57 of this title. If the application is considered
withdrawn, conditional approval is revoked, and the executive director
shall provide notice of the revocation to the applicant. Revocation
of conditional approval for a renewal application results in expiration
of the license or permit and the applicant must re-apply and pay the
fees for an original license or permit application.
(d) An applicant who chooses to proceed with operations
while subject to a conditional approval does so at its own risk of
loss in the event that the conditional approval is revoked and it
fails to obtain or maintain the necessary license or permit. If an
applicant fails to obtain the license or permit following conditional
approval, the commission shall refund fees paid pursuant to section
33.25 of this title.
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