Current through December 4, 2024
Section 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 licensesAt any time after the issuance of a license, the Commissioner may correct such license for clerical errors.
Conn. Agencies Regs. § 22a-3a-5