Conn. Agencies Regs. § 22a-3a-5 - Licenses
(a)
Form and filing of
applications
(1) Any application for a
license shall be in such form as may be prescribed by the Commissioner and
shall be in writing. In addition to any other information required by an
application form or applicable statute or regulation, an application shall
indicate:
(A) the name, address and telephone
number of the applicant and of his attorney or other representative, if any,
(B) the license or licenses
sought,
(C) the statutes and
regulations applicable to the application,
(D) the applicant's proposal and the
facilities, activities, and sites which are the subject of or are affected by
the application,
(E) any other
information which the Commissioner may require for the purpose of reviewing the
application in accordance with applicable statutory and regulatory criteria,
(F) any additional information
which the applicant considers relevant, and
(G) an executive summary. The executive
summary shall clearly and concisely summarize the information contained in the
application.
(2) An
application, including any attachments thereto, shall be certified by the
applicant and by the individual or individuals responsible for actually
preparing the application, each of whom shall state in writing: "I have
personally examined and am familiar with the information submitted in this
document and all attachments thereto, and I certify that based on reasonable
investigation, including my inquiry of those individuals responsible for
obtaining the information, the submitted information is true, accurate and
complete to the best of my knowledge and belief. I understand that a false
statement in the submitted information may be punishable as a criminal offense,
in accordance with section
22a-6
of the General Statutes, pursuant to section
53a-157 of the
General Statutes, and in accordance with any other applicable statute." The
application and such copies thereof as the Commissioner may require shall be
delivered personally or by mail and, unless the Commissioner requires
differently, shall be directed to the Department Bureau which administers the
program pertinent to the application.
(b)
Hearings on applications
(1) A request under a statute or regulation
for a hearing following the disposition of an application, and all actions in
the proceeding subsequent to the filing of such request, shall be governed by
Section
22a-3a-6 of these
Rules of Practice. In an application proceeding in which a hearing is held
because a statute or regulation requires a hearing or because the Department
schedules a hearing on its own initiative, all actions in the proceeding
subsequent to the scheduling of such hearing shall be governed by such
section.
(2) Any public notice of
hearing on an application issued by the Department shall indicate the place and
times at which a copy of the application is available for public
inspection.
(c)
License renewals
(1) An
application for renewal of a license shall be filed no later than 120 days
before the expiration of the existing license, unless an earlier filing is
required or a later filing allowed by an applicable statute or regulation. An
application for a license renewal shall be made in accordance with the
provisions of subsection (a) of this section, except that the applicant may,
unless otherwise provided by law, include in the application a copy of material
from his most recently approved application concerning the same subject
matter.
(2) If an application for
license renewal is untimely filed, the existing license shall expire on the
expiration date established therein or, if no expiration date is established
therein, on the expiration date established by an applicable statute or
regulation.
(3)
(A) An application for license renewal is
insufficient if it does not comply with the requirements of subsection (a) of
this section and the requirements of any other applicable provisions of law
governing the form, contents, and filing of such application, or is so
manifestly insufficient as to make further processing impossible. If an
application for license renewal is timely but insufficient, the Commissioner
shall send notice to the applicant describing the way in which the application
is insufficient. If the applicant does not submit a sufficient application
within thirty days of the mailing of such notice of insufficiency or within
such other time as the Commissioner deems appropriate and specifies in writing,
the existing license shall expire on the expiration date established therein
or, if no expiration date is established therein, on the expiration date
established by an applicable statute or regulation. If the applicant submits a
sufficient application within thirty days of the mailing of the Commissioner's
notice of insufficiency, or within the time specified by the Commissioner, the
existing license shall continue in effect in accordance with section
4-182(b)
of the General Statutes.
(B)
Notwithstanding the provisions of subparagraph (A) of this subdivision, if an
application for license renewal is timely but insufficient, and the
Commissioner does not send notice of insufficiency until after thirty days
before the expiration date of the existing license, and the Commissioner's
finds, in his sole discretion and in writing, that the applicant made best
efforts to submit a sufficient application and did not contribute to any delay
in the Commissioner's ability to process the application, the existing license
shall continue in effect in accordance with section
4-182(b)
of the General Statutes; except that if such applicant fails to submit a
sufficient application within thirty days of the mailing of the Commissioner's
notice of insufficiency, the existing license shall expire on the thirty-first
(31st) day after the mailing of such notice.
(d)
Delicensing proceedings
(1) Unless otherwise provided by law, any
Department proceeding to revoke, suspend or modify a license shall commence
with issuance of notice to the licensee. Such notice shall be delivered
personally or by certified mail, return receipt requested, and shall describe
the basis for the revocation, suspension or modification and inform the
licensee that he may within thirty days of issuance of the notice file a
request for hearing. A request for hearing under this subdivision shall conform
with the provisions of subsection
22a-3a-6(i)
of these Rules of Practice. Department delicensing proceedings shall be
governed by section
22a-3a-6 of these
Rules of Practice.
(2) In addition
to any other reason provided by statute or regulation, the Commissioner may
revoke, suspend, or modify a license for any of the following reasons:
(A) The licensee has violated a statute,
regulation, water quality standard, license or order administered or issued by
the Commissioner, or has committed any other violation of law relevant to the
licensed activity.
(B) The licensee
or a person on his behalf failed to disclose all relevant and material facts in
the application for the license or during any Department proceeding associated
with the application;
(C) The
licensee or a person on his behalf misrepresented a relevant and material fact
at any time, including, without limitation, in the application for the license
or in a report or laboratory analysis submitted to the Department;
(D) The licensee failed to comply with a
reasonable request by the Commissioner for any information related to the
license, activity, or facility which is the subject of the license, or to the
licensee's compliance with the license or any statute, regulation, water
quality standard, or order administered or issued by the
Commissioner.
(E) The activity
authorized by the license is causing or is reasonably likely to cause air or
water pollution or to endanger human health, safety, or welfare or the
environment; or
(F) A change in
pertinent law or technology.
(e)
Clerical errors in licenses
At any time after the issuance of a license, the Commissioner may correct such license for clerical errors.
Notes
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