567—38.16 (455B) Concurrent authority of the department. Notwithstanding the delegation of permit granting authority pursuant to rule 38.15(455B), the department reserves the right to exercise concurrent authority. In cases where the board or its designee fails to act on an application, or the director determines that a particular application cannot be appropriately evaluated by the board or its designee, the department may review such an application without invoking the provisions of rule 38.17(455B).