What if an applicant cannot meet the 30-day deadline? Will the marker be cancelled?
If an applicant does not believe it can produce its proffer within 30 days, this must be communicated to the Bureau as soon as possible after the marker call, together with reasons for the delay. The Bureau will decide whether the delay is reasonable and, where appropriate, establish a schedule for delivery of the proffer. A delay may be warranted in complex cases, particularly where multiple jurisdictions are involved and information is difficult to gather or where a key witness is ill or otherwise unavailable. The Bureau will not accept lengthy delays solely because an applicant has commitments arising out of immunity applications in other jurisdictions. Parties should alert the Bureau to anticipated delays as early in the process as possible to avoid harm to other steps in the Bureau’s investigation. The Bureau’s decision to cancel a marker will be made only after serious consideration of all factors and after notifying the applicant.
Related Questions
- What if my company is unable to meet the deadline given by the FSBA for sending in audit information in advance? Can I send the required files via e-mail?
- Can an applicant provide an audit on appeal if it isn ready by the application deadline?
- What if an applicant cannot meet the 30-day deadline? Will the marker be cancelled?
