31A-2-302. Commissioner's disapproval.
(1) When the law requires the commissioner's approval for a certain action without a
deemer clause, that approval must be express. The commissioner's disapproval of an action is
assumed if the commissioner does not act within 60 days after receiving the application for
approval or give notice of the commissioner's reasonable extension of that time period with the
commissioner's reasons for the extension. Assumed disapproval under this subsection entitles
the 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 the
commissioner within a certain period, the affirmative approval by the commissioner may make
the action effective at a designated earlier date, but not earlier than the date of the commissioner's
affirmative approval.
(3) Subsections (1) and (2) do not apply to the extent that the law specifically provides
otherwise.
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009