If, for any reason, the Phase I application is determined by the secretary to be unsuitable and no additional information is supplied by the applicant to support the development of a facility, the secretary shall reject the Phase I application, the application process shall cease, and the secretary shall deny the application. The application fee is nonrefundable. The applicant may appeal the rejection of a Phase I application to the board as provided by this article and SDCL 34A-6-1.14. The scope of the hearing before the board is limited to those items upon which the secretary's rejection was based. If the board finds the secretary improperly rejected the Phase I application, the board shall direct the secretary to allow the applicant to file its application.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6 , 34A-6-1.14.

Law Implemented: SDCL 34A-6-1.6 , 34A-6-1.8 , 34A-6-1.14.