(a) The Department will entertain one request for reconsideration of
an exemption application that has been finally denied pursuant to
Sec. 2570.41 (a)(2) or (a)(3) of this part if the applicant presents in
support of the application significant new facts or arguments, which,
for good reason, could not have been submitted for the Department's
consideration during its initial review of the exemption application.
(b) A request for reconsideration of a previously denied application
must be made within 180 days after the issuance of the final denial
letter and must be accompanied by a copy of the Department's final
letter denying the exemption and a statement setting forth the new
information and/or arguments that provide the basis for reconsideration.
(c) A request for reconsideration must also be accompanied by a
declaration under penalty of perjury attesting to the truth of the new
information provided, which is signed by a person qualified under
Sec. 2570.34(b)(5) of these procedures to sign such a declaration.
(d) If, after reviewing a request for reconsideration, the
Department decides that the facts and arguments presented do not warrant
reversal of its original decision to deny the exemption, it will send a
letter to the applicant reaffirming that decision.
(e) If, after reviewing a request for reconsideration, the
Department decides, based on the new facts and arguments submitted, to
reconsider its denial letter, it will notify the applicant of its intent
to reconsider the application in light of the new information presented.
The Department will then take whatever steps remained at the time it
issued its final denial letter to process the exemption application.
(f) If, at any point during its subsequent processing of the
application, the Department decides again that the exemption is
unwarranted, it will issue a letter affirming its final denial.
