§ 39:1989 — Denial of certification; reconsideration

NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016 .
§1989. Denial of certification; reconsideration
Decisions to deny certification, deny renewal of certification, or revoke
certification shall be reconsidered on the following basis:
(1) When an applicant has been denied certification, or when an
enterprise's certification has not been renewed or has been revoked, the
applicant or enterprise may petition the division for reconsideration of the
decision on the grounds that the division did not have all relevant information,
that the division misapplied its rules, or that the division otherwise made an
error.
(2) A petition for reconsideration shall be in writing. If the petition is
not received by the division within thirty calendar days of the mailing of the
decision, the decision becomes administratively final. The petition shall set
forth the grounds on which the petitioner believes the decision is in error,
including any additional information which the petitioner has to offer.
(3) Upon receipt of the petition, the division shall review the petition
and any additional information and may conduct further investigation. The
division shall then notify the petitioner by certified mail, return receipt
requested, of its decision either to affirm the denial of renewal or revocation
of certification, or to grant certification.
(4) If a petition for reconsideration is filed, a decision to deny
certification following consideration of the petition is administratively final.

Legislative History

Acts 1984, No. 653, §1, eff. July 1, 1984; Acts 1992, No. 797, §2, eff. July 1, 1992.