Ala. Admin. Code r. 538-X-3-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 538-X-3-.06 - Amended Applications

(1) Not more than once during an offering period, absent extenuating circumstances, an applicant having previously filed an application may, acting on its own and not as the result of incompleteness or other concerns relating to the Application as pointed out by the Commission (i.e., a notice of deficiency and proposed corrections filed by the Applicant), file an amended application, paying an amended application fee equal to one- half of the applicable application fee paid at the time of the Applicant's original filing.

(2) An amended application may be filed to correct any errors identified by the applicant, to more accurately reflect facts relating to the Applicant's proposed business, to generally revise and improve the quality of the Applicant's previously filed application to the Commission, or for any other valid purpose.

(3) An amended application may not attempt to alter the category of business for which the applicant seeks to be licensed.

(4) Changes to information contained on the summary sheet are not considered an amendment to the application, but such changes can (and should) be made at any time during the application process and as soon as possible once the information contained on the summary sheet is no longer correct.

(5) The filing, or not, of an Amended Application shall have no bearing on whether an application may receive a notice of deficiency and warrant proposed corrections, nor whether a deficient application as to which corrections have been proposed, may also be amended.

(6) Filing an amended application replaces all information provided in the original application filing, and the Commission or its personnel shall not consider any information contained in the original filing upon receipt of an amended application or the acceptance of an extenuating-circumstances amended application. However, filing an amended application does not preclude an applicant from responding to a notice of deficiency provided by the Commission and proposing corrections for approval by the Commission.

(7) The form of the Amended Application, whether filed pursuant to paragraph 1 or 10 of this Rule, must follow the form for filing an original application set forth in this Chapter. An amended application requires a full refiling of all required parts of the original application (whether or not modified) and may not incorporate by reference or adopt any portion of the original filing. In addition to providing all information and exhibits as required in an original application, the Applicant filing an amended application or proposed amended application shall include as an exhibit a redline version of the original application, showing what changes were made and an explanation of the reasons the change was necessary.

(8) An applicant who has filed an original application may file an amended application only once during the window of time for filing amended applications. Except as provided in paragraph 11 of this Rule, an amended application will not be accepted more than once from the same applicant, and an amended application may not be accepted in any event outside the window for filing amended Applications.

(9) The window for filing an Amended Application shall close on the date the window for filing original applications closes. For the initial offering, the window for filing an amended application shall open on November 1, 2022, at 10:00 a.m., CDT, or eight days from the date application forms are issued, whichever is later; the window for filing Amended Applications shall close at 4:00 p.m., CST, on December 30, 2022, or at the time the window for filing initial applications closes, if that date is later than December 30, 2022.

(10) In the event of extenuating circumstances, an Applicant may seek permission to extend the time for filing an amendment to its application by means of a written petition to the Commission. The petition for permission to file an amended application based on extenuating circumstances must show in detail the changes being requested and the alleged extenuating circumstances that have prevented the Applicant from including the information in the original application or in a timely amendment thereto. At the time of filing the petition, the Applicant must pay a nonrefundable amended application fee equal to the Application fee paid at the time of the Applicant's original application. The burden is upon the Applicant to demonstrate that the application should be allowed to be amended.

(11) Notwithstanding the provisions of paragraph 8 of this Rule, permission to file an amended application under extenuating circumstances will not be withheld based on the Applicant's already having filed an amended application. However, permission to file a proposed amendment under this paragraph will not be granted more than once for the same Applicant, and an amended application based on extenuating circumstances will not be considered if permission is not requested on a timely basis or, if permission is granted, the amended application proposed under this paragraph is not filed on or before the date specified in the Application Form. As to the Initial Offering, the date for seeking permission to file an amended application under extenuating circumstances is the later of March 3, 2023, at 4:00 p.m. CST, or at 4:00 p.m., 63 days from the deadline for filing an original application. The date for filing a proposed amended application requested under this paragraph shall be no more than 21 days from the deadline for seeking permission to file an amended application under extenuating circumstances; as to the initial offering, that date is the later of 4:00 p.m. CDT, March 24, 2023, or at 4:00 p.m. 21 days from the deadline for seeking permission to file an amended application under extenuating circumstances.

(12) The Commission's decision to grant or deny a petition to file an amended application under paragraph 10, and the Commission's acceptance or not of the Applicant's proposed amended application, shall be made at the next meeting of the Commission not less than 15 days from the deadline for filing the proposed amended application under paragraph 10. If the petition is denied or the Applicant fails to amend its application after filing a petition under paragraph 10, the Commission shall consider the Applicant's original application (as amended, if applicable). For the initial offering, the decision to grant or deny a petition to file an amended application under extenuating circumstances shall be made at the meeting of the Commission on April 13, 2023, or at the next Commission meeting not less than 15 days after the deadline for filing the proposed amended application under paragraph 10, whichever is later. Notice of the decision shall issue to the Applicant no later than 4:00 p.m. Central Time the following business day.

(13) Notwithstanding anything herein to the contrary, the "filing" of an amended application as described in these Rules shall not mean that the application, as amended is "submitted" pursuant to § 20-2A-56(d), Code of Ala. 1975, (as amended); as provided in Rule 538-X-3-.07, an application, including an amended application, is "submitted" such that the 60 days for determining whether to award a license begins to run only when the Commission accepts and approves all applications for submission (along with any original applications, or applications filed in response to a Notice of Deficiency with proposed corrections or extraordinary circumstances corrections), filed by other Applicants of a particular category in the same offering.

(14) The Applicant's failure to timely and properly file an amendment filed based on a request for an extension of time due to extenuating circumstances, and the Commission's rejection and refusal to consider applications as to which the proposed amendment were not filed, untimely filed, improperly filled out, or improperly formatted, shall not constitute a breach of due process nor permit the Applicant a right of appeal under the Act, this Chapter or any provision of the AAPA.

Ala. Admin. Code r. 538-X-3-.06

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.