§ 3107. Unreasonable Delay by Claimant in Responding to Deficiency Letter.

(a) In the event that the Department has mailed one or more itemized lists of deficiencies to a claimant as provided by Section 10471.2(a) of the Code, and if after an unreasonable length of time the Department has received no response to the latest such list of deficiencies, the Department may notify the claimant that unless the application is substantially complete within a specified period of time of not less than 30 days, the application will be denied.

(b) The determination of what constitutes an unreasonable length of time shall be within the discretion of the Commissioner, taking into account the degree of difficulty in meeting the deficiencies specified. However, an “unreasonable length of time” shall not be deemed to be less than six months after the last mailing of a list of deficiencies.

(c) If no response has been received from the claimant after the passing of the deadline specified by the Department pursuant to subdivision (a) of this section, the Commissioner may deny the application.

HISTORY

1. New section filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d) (Register 86, No. 51).

Note

Note: Authority cited: Sections 10080 and 10471.2, Business and Professions Code. Reference: Sections 10471.2, 10471.3, Business and Professions Code.