31A-2-302 - Commissioner's disapproval.
31A-2-302. Commissioner's disapproval.
(1) When the law requires the commissioner's approval for a certain action without adeemer clause, that approval must be express. The commissioner's disapproval of an action isassumed if the commissioner does not act within 60 days after receiving the application forapproval or give notice of the commissioner's reasonable extension of that time period with thecommissioner's reasons for the extension. Assumed disapproval under this subsection entitlesthe aggrieved person to request agency action under Section 63G-4-201.
(2) When the law provides that a certain action is not effective if disapproved by thecommissioner within a certain period, the affirmative approval by the commissioner may makethe action effective at a designated earlier date, but not earlier than the date of the commissioner'saffirmative approval.
(3) Subsections (1) and (2) do not apply to the extent that the law specifically providesotherwise.
Amended by Chapter 382, 2008 General Session