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<br />Minnesota Statutes 2002, 53A.04 <br /> <br />Page 1 of 1 <br /> <br />Minnesota Statutes 2002, Table of Chapters <br /> <br />Table of contents for Chapter 53A <br /> <br />53A.04 Approval or denial of an application. <br /> <br />(a) Within 30 days after the receipt of a complete <br />application, the commissioner shall deny the application or <br />submit the application to the governing body of the local unit <br />of government in which the applicant is located or is proposing <br />to be located. The commissioner may not approve the application <br />without the concurrence of the governing body. ~e governin~ <br />body shall give ublished notice of it ion to consider <br />the i testimony from interested ersons, <br />in udin In w lC e app lcan lS <br />located or i~ ~!oposinq to ha lac~~ If the governlng body <br />nas not approved or disapproved the issue within 60 days of <br />receipt of the application, concurrence is presumed. The <br />commissioner must approve or disapprove the application within <br />30 days from receiving the decision of the governing body. The <br />governing body shall have the sole responsibility for its <br />decision. The state shall have no responsibility for that <br />decision. <br /> <br />(b) If the application is denied, the commissioner shall <br />send by mail notice of the denial and the reason for the denial <br />to the applicant at the address contained in the application. <br />If an application is denied, the applicant may, within 30 days <br />of receiving the notice of a denial, request a contested case <br />hearing pursuant to chapter 14; provided that if the denial is <br />based upon the refusal of the governing body to concur the <br />governing body must afford the applicant a hearing. The <br />applicant shall have no right to the hearing provided for in <br />this section if the denial is based upon the governing body's <br />refusal to concur but shall have a hearing before the governing <br />body. <br /> <br />(c) This section applies to initial applications and <br />renewal applications. <br /> <br />(d) The state shall have no responsibility for the action <br />of the governing body. <br /> <br />HIST: 1989 c 247 s 4; 1992 c 504 s 4 <br /> <br />Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. <br /> <br />http://www.revisor.leg.state.mn.us/stats/5 3 A/04 .html <br /> <br />10/13/2003 <br />