Section 302.07. Fee refunds.

 

(1)   General. If a request for a permit, for which a fee is paid and a processing time is specified, is not processed by the department within the time specified, a refund of 50% of the fee paid shall be made to the person who paid for the request for the permit.

(2)   Definitions. The following definitions shall apply in this section:

(a) "Fee" means the amount of money paid for a single permit or request for service, but does not mean the total amount of money which may be submitted with an application covering more than one permit or request for service.

(b) "Permit" includes an examination of plans, initial permit to operate, registration of a device, approval of a material or product, shaft excavation permit, petition for variance, permission to start construction, rental unit certificate of compliance, priority review and petition, and underground tank registration and use permit, but does not include any inspection services.

(3)   Processing time.

(a) Starting date. When an appointment process exists for a specific type of permit, the permit processing time shall begin on the appointment date. When an appointment process does not exist for a specific type of permit, the permit processing time shall begin on the day after receipt of the request for the permit whether submitted by mail or in person. When the department finds a permit application has been submitted with inadequate information or fees, the application will be placed on hold and the department will notify the applicant of the information needed to process the application. Upon receipt of the complete information, the department will process the permit, except that the length of the processing time shall start over and the processing time shall begin the day after the receipt of the additional information or fees.

(b) Ending date. The ending date which shall be used to assess whether the permit was processed within the time period specified shall be the date the department actually made a determination to approve, deny or withhold the permit, and not the date on the correspondence noting the action or the date the permit was mailed out.

(4)   Determination.

(a) The starting and the ending dates recorded on the computer record or individual file shall be the dates used to assess whether a refund is to be made.

(b) The initial determination as to whether the permit was processed within the time period specified shall be made by the director of the bureau responsible for issuing the permit.

(c) Determinations subject to dispute shall be forwarded to the division administrator for a final determination.

(5)   Payment of refund fees.

(a) All refunds made by the department shall be forwarded through the United States postal service.

(b) Refunds shall be mailed to the person who paid for the request for the permit at the address of record indicated on the department's request for service forms.

History: Cr. Register, June, 1992, No. 438 , eff. 7-1-92; am. (2) (b), Register, October, 1996, No. 490 , eff. 11-1-96; am. (2) (b), Register, July, 2000, No. 535 , eff. 9-1-00; CR 06-119 : am. (3) (a) and (4) (a) Register July 2007 No. 619 , eff. 8-1-07.

Note

The specific processing times for various permits may be found in the respective chapters where the permits are required. Microsoft Windows NT 6.1.7601 Service Pack 1