Completeness Determination.

(1) Completeness Review. (a) The Presiding Officer shall review each Application submitted to the Board. (b) The Presiding Officer shall make a Completeness Determination in writing within 30 days of filing of the Application with the Board. (c) The Completeness Determination shall not be subject to appeal. (d) The Presiding Officer may communicate with a PEA and PAA regarding a Completeness Determination; such communications shall not be considered ex parte communication, pursuant to 980 CMR 1.03(7), unless the communication is substantive and occurs after a Notice of Completeness. (e) The Presiding Officer may require the Applicant to provide supplemental evidence for the Application. Supplemental evidence may include supporting documents, work papers, modeling, studies, authorities cited, and reference to any other evidence relied upon in the Application. (f) The Presiding Officer shall determine whether the information required by the Board is provided by the Applicant in the Application. The Completeness Determination is intended to be administrative in nature and is not intended to be an evaluation on the substantive merits of each piece of information provided by the Applicant to facilitate Completeness Determinations. (2) Notice of Completeness. The Presiding Officer shall determine that an Application is complete if the Application is in substantial and material compliance with the following: (a) Application requirements in 980 CMR 13.03: EFSB Consolidated Permitting Application Requirements. (b) Zoning exemption requirements in 980 CMR 13.04: EFSB Consolidated Application Requirements: Zoning Exemptions, if applicable. (c) Permitting requirements in 980 CMR 13.05: EFSB Consolidated Application Requirements: Required Permits. (d) Filing requirements in 980 CMR 13.07(1). (e) Conditions requirements in 980 CMR 13.09. (f) The Completeness Determination Checklist completed by the Applicant. The Completeness Determination Checklist shall be in the form specified by the Board in 980 CMR 13.00: EFSB Consolidated Permit Application Guidance, Attachment 3: Application Completeness Determination Checklist. (3) Incomplete Application. If the Presiding Officer determines that an Application is incomplete, the Presiding Officer shall notify the Applicant and shall identify with specificity all items that are not in substantial and material compliance with Application requirements. The Applicant shall respond, within 30 days of notice of an incomplete Application, to cure each deficiency identified by the Presiding Officer. The Application may only be determined to be incomplete twice before the Application shall be rejected per 980 CMR 13.06(6). (a) Missing Permit. If the Presiding Officer, prior to the issuance of the final decision by the Board, determines that a Permit was not included in the Application, the Presiding Officer may deem the Application incomplete. The Applicant shall file an amended Application with the Board and the omitted Permit with the PEA that would have subject matter jurisdiction over the contents of the Permit. The Presiding Officer may extend the Board’s review timeframe when reasonable to ensure adequate participation by each PEA; the Presiding Officer may start a new review timeframe when the Presiding Officer issues a Notice of Completeness. (b) Changes to a CEIF Project before Final Decision. If an Applicant identifies significant changes to a CEIF Project before the Board issues a final decision, the Presiding Officer may determine the Application incomplete. The Application shall be subject to a Completeness Determination upon the filing of a supplemental Application. The Presiding Officer may extend the Board’s review timeframe when reasonable to ensure adequate review of the changes to a CEIF Project; the Presiding Officer may start a new review timeframe when the Presiding Officer issues a Notice of Completeness. If the Presiding Officer begins a new review timeframe, the record shall be supplemented by the Applicant for significant change. (c) Agency to Identify Deficiencies. Each PEA or PAA may describe any deficiencies in the Permit documentation provided by the Applicant within 21 days of receipt of an Application filed with the Board which includes a Permit for which the PEA or PAA would have subject matter jurisdiction. The Presiding Officer shall determine if a deficiency is substantial and material. The Presiding Officer may deem the Application incomplete as described in 980 CMR 13.06(3) if a deficiency is determined to be substantial and material. (4) Incomplete Application: Deficiencies. The Applicant shall file the following within 30 days of notice of the deficiency in an incomplete Application if the Presiding Officer determines the Application does not substantially and materially comply with Application Requirements: (a) Identify each deficiency in the Application, including the section or Permit, and the page number or exhibit. (b) The complete cured section or Permit for each identified deficiency. If a section or Permit contains multiple deficiencies, provide the complete cured section or Permit for the group of deficiencies identified for that section or Permit. (c) Proof of service of notice of the filing of the cured Permit to the PEA or PAA whose jurisdictional responsibilities are affected by the deficiency. (5) Extensions of Time. The Presiding Officer may provide extensions of time to exceed 30 days to cure deficiencies if the Applicant demonstrates extenuating circumstances for the delay. The Applicant shall provide a request for an extension in writing within 30 days of filing the Application. The Presiding Officer shall state a reason for the extension and a new deadline in a ruling on an extension request. (6) Rejected Applications. (a) Failure to Timely Cure. The Presiding Officer shall reject an Application if the Application is determined to be incomplete and the Applicant does not file a modified Application addressing each identified deficiency within the time permitted. If the Application is rejected for failure to timely cure, absent extenuating circumstances, the Applicant may not file an Application for the same CEIF Project within three months of rejection. (b) Failure to Cure. The Presiding Officer shall reject an Application determined to be incomplete three consecutive times. If the Application is rejected for Failure to Cure, absent extenuating circumstances, the Applicant may not file an Application for the same, or substantially similar, CEIF Project within six months of rejection. (c) Previously Rejected Applications. The Presiding Officer shall deem a rejected Application docket closed. The Presiding Officer shall review any subsequent Application for a CEIF Project independent of any prior Application submitted to the Board.