Defects in the notification of a change in the information in an application for a concession
Defects rectified – no decision
What procedure does the office follow if the notification of changes does not require an amendment to the decision to grant a concession and the submission is free of defects?
Defects rectified – decision will be made
What procedure does the office follow if the defects in the submission have been rectified and the decision to grant a concession will be amended?
Defects not rectified – no decision
What happens if the defects in the notification of changes are not rectified within the time limit specified and the notification of changes does nor require an amendment to the decision to grant a concession?
Defects not rectified – decision will be made
What happens if the defects in the notification of changes are not rectified within the time limit specified and the notification of changes requires an amendment to the decision to grant a concession?
If the notification of a change in the information and documents required for an application for a concession does not have the required particulars pursuant to Section 56(1) of the Trade Licensing Act, the trade licensing office will request that the notifier rectify defects. The trade licensing office will send the submitter a Request for rectification of deficiencies in which it will:
- Identify the defective submission
- Specify the defect contained in the submission
- Indicate how the defect in the submission can be rectified – e.g. by providing any missing information, presenting the relevant document, etc.
- Specify a reasonable time limit for rectifying the deficiencies, but not less than 15 days
- Advise the applicant of what will happen if the defect in the submission is not rectified
During the time limit specified in the request, the time limit for registration in the trade licensing register and the issue of an extract does not run. Depending on the circumstances of the case, the trade licensing office may suspend the proceedings for amending the decision to grant a concession pursuant to Section 64 of the Code of Administrative Procedure; the time limit for issuing a decision does not run during the suspension of the proceedings. If the notifier rectifies the defects within the time limit specified or within the extended time limit, the notification of changes is deemed to have been free of defects from the outset.
After that, the procedure followed by the office depends on whether the defect has been rectified.