-9- Petitioner’s failure to submit a substantially completed application in conformance with respondent’s regulatory prescriptions precluded a determination with regard to its qualification for exempt status. Respondent’s abiding requests for additional information, particularly the April 19, 2002, letter, September 27, 2002, letter, and the disputed letter, were sufficiently timely. Petitioner’s dilatory responses in accommodating respondent’s requests constituted a failure to proceed with due diligence. Petitioner responded to the April 19, 2002, letter on June 18, 2002, only after an exhortative notice from respondent was sent on May 31, 2002. Petitioner’s belated response to the September 27, 2002, letter, on December 18, 2002, occurred well after the lapse of respondent’s imposed and extended deadline for maintaining the application under active consideration of November 28, 2002. Finally, petitioner’s deferment in responding to the disputed letter for more than 18 months caused its application to languish and occasioned respondent’s decision to ultimately cease consideration of the matter. Petitioner contends that it complied with all requests for additional information, and that respondent discontinued the correspondence following petitioner’s submission of requested information on December 18, 2002. Inherent in the August 31,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011