§ 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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