National Paralegal Inst. Coalition - Page 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                
               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,                 

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