04 NCAC 01K .0206          FORMAL APPLICATION PROCEDURES: DENIAL

(a)  The Secretary shall indicate in writing the reasons for denial of an application.

(b)  The Secretary shall indicate in writing that the unit of government may prepare a presentation, either written or oral which speaks factually to the unresolved issues.  The Secretary or designee shall be present at the meeting to hear and discuss the issues with the unit of government.  The unit of government shall persuade the Secretary that all the necessary findings should be made.

(c)  Where the unit of government does persuade the Secretary, further procedures shall be as in Rule .0205 of this Section.

(d)  Where the unit of government does not persuade the Secretary, the Secretary shall notify the unit of government the decision in writing, again specifying the reasons for denial.

History Note:        Authority G.S. 143B-431; 24 C.F.R. 570.489; 42 U.S.C.A. 5301;

Temporary Adoption Eff. July 20, 1992 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. December 29, 1992;

Amended Eff. April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.