§  73.7004   Petitions to deny tentative selectee(s).

   (a) For mutually exclusive applicants subject to the selection
   procedures in subpart K of this part, Petitions to Deny will be
   accepted only against the tentative selectee(s).

   (b) Within thirty (30) days following the issuance of a public notice
   announcing the tentative selection of an applicant through fair
   distribution (§  73.7002) or point system (§  73.7003) procedures,
   petitions to deny that application may be filed. Any such petitions
   must contain allegations of fact supported by affidavit of a person or
   persons with personal knowledge thereof.

   (c) An applicant may file an opposition to any petition to deny, and
   the petitioner a reply to such opposition. Allegations of fact or
   denials thereof must be supported by affidavit of a person or persons
   with personal knowledge thereof. The time for filing such oppositions
   shall be 10 days from the filing date for petitions to deny, and the
   time for filing replies shall be 5 days from the filing date for
   oppositions.

   (d) If the Commission denies or dismisses all petitions to deny, if any
   are filed, and is otherwise satisfied that an applicant is qualified,
   the application will be granted. If the Commission determines that the
   points originally claimed were higher than permitted, but that there is
   no substantial and material question of fact of applicant
   qualifications, it will compare the revised point tally of the
   tentative selectee to the other mutually exclusive applicants and,
   either grant the original application or announce a new tentative
   selectee, as appropriate. If an applicant is found unqualified, the
   application shall be denied, and the applicant(s) with the next highest
   point tally named as the new tentative selectee.

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