1. (a) Any time before a period specified under sections 1 through 6 of this chapter has expired, the commissioner may do the following:

   1. (1) Notify an applicant that the commissioner does not believe that the commissioner will be able to approve or deny a permit application filed with the department before the time specified in sections 1 through 6 of this chapter expires.

   2. (2) Offer to the applicant and allow the applicant to accept one (1) of the following options:

      1. (A) The applicant may submit to the department a draft permit and any legally required supporting technical justification within a period agreed to by the applicant and the commissioner.

      2. (B) The department may hire a qualified consultant at the applicant's cost to:

         1. (i) complete the review of the application; and
         2. (ii) prepare a draft permit and any legally required supporting technical justification.

2. (b) If the applicant submits a draft permit and supporting documentation on time under subsection (a)(2)(A) or elects to fund the hiring of a consultant under subsection (a)(2)(B), the commissioner shall issue or deny the permit within the period specified under sections 1 through 6 of this chapter. If the commissioner does not make a decision within the period specified:

   1. (1) the department shall refund to the applicant:

      1. (A) the permit application fee paid by the applicant; and
      2. (B) any consultant's fees paid by the applicant;
   2. (2) if a consultant has been hired by the department and has not submitted a draft permit to the department, the consultant shall submit the draft permit and any required supporting technical justification to the department not later than fifteen (15) working days after the expiration of the period specified in sections 1 through 6 of this chapter; and

   3. (3) the commissioner shall approve, with or without revision, or deny the draft permit submitted by the applicant or a consultant within the period specified under section 16(b) or 16(c) of this chapter.

      [Pre-1996 Recodification Citation: 13-7-10.1-11.]

As added by P.L.1-1996, SEC.5.