| (a) In the event of a federal government shutdown or
other interruption in service that prevents the TTB from issuing COLAs,
the commission shall evaluate applications using the federal standards
required for the applicant to receive a COLA or the federal exemption
from the COLA requirements, if applicable.
(b) If the applicant meets the applicable federal standards,
the commission shall register the product on a provisional basis.
(c) An applicant whose product has been registered
with the state on a provisional basis shall apply for a COLA or any
applicable federal exemption from COLA requirements within 30 days
of the resumption of services of the TTB.
(d) The provisional registration with the state shall
expire automatically on the 31st day after the resumption of services
of the TTB, unless the applicant has timely filed an application with
the TTB. If the applicant timely filed an application with the TTB,
the applicant's provisional registration shall continue in effect
either:
(1) if the TTB denies the applicant's COLA or exemption
application, until the notice of that denial is issued by the TTB;
or,
(2) if the TTB issues the COLA or grants the exemption,
until 30 days after the COLA or exemption is issued.
(e) If the TTB grants the COLA or exemption application,
the applicant must re-apply with the commission for product registration
within 30 calendar days of receipt of the federal COLA or exemption.
(f) If the TTB denies the COLA or exemption application,
the applicant shall notify the commission within five calendar days
of receipt of the denial. The commission may revoke the provisional
product registration in the event of COLA or exemption denial by the
TTB.
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