(a) An agency disapproval of an initial or supplemental application for an emergency preparedness license, including disapproval of an emergency plan, shall specify in writing the condition or requirement in this article or in an agency rule which the applicant failed to meet or satisfy with sufficient detail that the applicant may understand the action or measure required to remedy the deficiency. (b)(1) Any applicant, upon receipt of an agency disapproval under subsection (a), may submit a written appeal to the director of the agency within 30 days of receiving the decision of disapproval for reconsideration. The applicant may include with the appeal a written explanation as to why the application or submission should be approved. The director may afford the applicant an informal hearing to explain the reason the application or submission should be approved. (2) Upon reconsideration, the director may: a. Reverse the decision based on the applicant’s written explanation or information gathered at an informal hearing; or b. Uphold the decision based on the applicant’s written explanation or information gathered at an informal hearing. (3) The decision of the agency director pursuant to subdivision (2) shall be final but without prejudice to the applicant’s right to again apply for approval at any time. (c) The agency may adopt rules to govern appeals, with criteria for granting a variance to a condition or requirement when an applicant demonstrates that the measures being planned or implemented otherwise protect the safety of campers.
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