1. (a) The inspector shall inform the licensing bureau that the regulated place of business failed the inspection if:

   1. (1) The applicant agrees to submit a DC plan but fails to submit one within 14 days of the inspection and does not request additional time to submit it pursuant to (c), below;
   2. (2) The applicant submits a DC plan that needs minor adjustments to be approved, but does not submit an adjusted plan within 10 days as required by Plc 403.07(c)(1);
   3. (3) The applicant submits a DC plan that would need major changes to be approved and so is rejected pursuant to Plc 403.07(c)(2); or
   4. (4) The applicant does not complete implementation of the approved DC plan on the approved time line, and does not request an extension to complete it pursuant to (e), below.
2. (b) If the regulated place of business fails the inspection based on any reason listed in (a), above, the applicant shall file a new license application if the applicant still wants to obtain a license.

3. (c) An applicant who has agreed to submit a DC plan who is prevented by reasons beyond the control of the applicant from submitting the plan within 14 days of the inspection may request additional time in which to submit the plan, by contacting the inspector in writing within 14 days of the inspection to:

   1. (1) Explain the circumstances that have prevented the applicant from submitting the plan by the deadline; and
   2. (2) Identify the date by which the plan will be submitted.
4. (d) The inspector shall agree to the extension if the need for the extension is based on reasons beyond the control of the applicant and the proposed filing deadline is reasonable based on the circumstances that necessitated the extension.

5. (e) An applicant who has received approval for a DC plan who is prevented by reasons beyond the control of the applicant from completing the work required in the time frames specified shall notify the inspector in writing within 5 days of determining that the plan cannot be implemented as approved to:

   1. (1) Explain the circumstances that have prevented the plan from being implemented as approved; and
   2. (2) Identify the date by which the plan will be completed.
6. (f) The inspector shall agree to the extended date if the need for the extension is based on reasons beyond the control of the applicant and the proposed completion deadline is reasonable based on the circumstances that necessitated the extension.
7. (g) For purposes of extending the deadline for submitting or completing a DC plan, “reasons beyond the control of the applicant” means circumstances that the applicant does not have the ability or authority to control, such as personal injury, damage to the premises due to vandalism or natural disasters, or the failure of materials, a contractor, or a permit to be obtained as planned through no action or inaction of the applicant.

Source. #14031, eff 8-15-24