The Department will approve or deny applications within 60 days of their receipt unless the applicant is notified in writing of the specific reason for the delay. If the applicant requests a denial in writing, the delayed application will be denied and may be appealed under § § 901.161—901.168 (relating to Board procedures). Applications are considered to be received when they arrive at the Department as evidenced by the date stamp placed on the application.

Notes of Decisions

Approval

The Department of Revenue’s failure to approve or disapprove an application to market a more advanced pull-tab device within 60 days pursuant to this regulation did not divest the Department of authority to deny the application as there is no recognized deemed approval provision in this regulation or 10 P. S. § § 313 and 314. Major Mfg. Corp. v. Department of Revenue, 651 A.2d 204 (Pa. Cmwlth. 1994); appeal denied 665 A.2d 471 (Pa. 1995).

In General

This regulation describes the decision time limit for reviewing applications for registration as manufacturers, not applications or requests to market devices. Major Mfg. Corp. v. Department of Revenue, 651 A.2d 204 (Pa. Cmwlth. 1994).

Cross References

This section cited in 61 Pa. Code § 901.119 (relating to raffle, daily drawing and weekly drawing ticket manufacturers).