8.08(b)(ii) Competency Check - minimum absence time

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So with 8.02(b) changing the maximum allowable time a division/sub-division may set, I feel like 8.08b(b)(ii) should reflect on this time that is set in 8.02(b), other than 12 calendar months. Because what happens if somebody has been away for, say 9 months? They aren't officially considered "active" anymore, but a competency check can also not be done because they haven't been away for more than 12 months? What I'm saying is, 8.02(b) and 8.08(b)(ii) should be directly connected.