(a) An Applicant which is awarded Conditional Designation shall be permitted to submit a request to the Agency to either:

(b) The request for extension or modification shall be received by the Agency prior to the expiration of the deadline described in subsection 8448.12(b).

(c) The Final Applicant shall submit a letter to the Agency describing the actions taken by the Final Applicant to comply with the Conditional Designation document. The letter shall also include a detailed explanation of the reasons why the Final Applicant cannot satisfy all of the conditions by the deadline described in subsection 8448.12(b).

(d) The Agency shall grant the request for an extension of the deadline described in subsection 8448.12(b) upon a finding that the Final Applicant has substantially complied with the terms of the Conditional Designation document, and that the Final Applicant requires an additional time period to comply with the remaining terms of the Conditional Designation document or that the Final Applicant needs to modify the terms of the Conditional Designation document.

(e) Notwithstanding subsection (d) above, the Agency shall deny the request if a modification of the terms of the Conditional Designation document would result in the Final Applicant receiving a lower score on the Economic Development Plan criteria described in subsections 8448.6(a) through (d) than attained when the Application was originally evaluated and scored.

(f) The Agency shall respond in writing to the request for a time extension no later than thirty (30) days following receipt of the request. If the Agency grants a time extension, the Agency's response shall specify the conditions which must be satisfied and the time deadline by which those conditions must be satisfied.

(g) Simultaneous to granting the request, the Agency shall amend the Conditional Designation document to include any amendments requested by the Final Applicant and approved by the Agency.