Ariz. Admin. Code § R17-1-102 - Licensing Time-frames
A.
Time-frames. The time-frames listed in Tables A and B apply to licenses issued
by the Department.
1."Department" means the Arizona Department of Transportation.
2."License" has the meaning prescribed in A.R.S. § 41-1001(10).
3."Administrative completeness review time-frame" has the meaning prescribed in A.R.S. § 41-1072(1).
4."Overall time-frame" has the meaning prescribed in A.R.S. § 41-1072(2).
5."Substantive review time-frame" has the meaning prescribed in A.R.S. § 41-1072(3).
B. Administrative completeness
review - notice of deficiency. Within the time-frame for the administrative
completeness review listed in Tables A and B, the Department shall notify the
applicant in writing that the application is complete or incomplete. If the
application is incomplete, the Department shall issue a notice of deficiency to
the applicant specifying the information required to make the application
administratively complete.
1. The notice of
deficiency shall list all missing information.
2. A notice of deficiency issued by the
Department within the administrative completeness review time-frame suspends
the administrative completeness review time-frame and the overall time-frame,
from the date the Department issues the notice of deficiency until the date
that the Department receives all missing information from the
applicant.
C. Denial
during administrative completeness review.
1.
If the applicant does not withdraw the application and does not respond, within
60 days after the date on a notice of deficiency issued under subsection (B),
to each item listed in the notice of deficiency, the Department shall treat the
application as withdrawn. The Department shall not issue a written notice of
denial.
2. The applicant may
withdraw the application during the 60-day response period. If the applicant
withdraws the application, the Department shall not issue a written notice of
denial. If the applicant wishes to obtain a license after withdrawal of the
application, an applicant shall submit a new application.
3. The Department may issue a written notice
of denial to an applicant before finding administrative completeness if the
information provided by the applicant demonstrates that the applicant is not
eligible for a license under the relevant statute or rules.
4. The notice of denial shall provide a
justification for the denial and an explanation of the applicant's right to a
hearing or appeal.
D.
Substantive review - additional information. Within the time-frame for the
substantive review listed in Tables A and B, the Department may issue a
comprehensive request for additional information, or by mutual agreement with
the applicant, issue a supplemental request for additional information.
1. Any request for additional information
shall list all items of information required.
2. Any request for additional information
issued by the Department within the substantive review time-frame suspends the
substantive review time-frame and overall time-frame, from the date the
Department issues the request until the date that the Department receives all
the required additional information from the applicant.
E. Denial during substantive review. The
following provisions apply:
1. If the
applicant does not withdraw the application and does not respond, within 60
days after the date on a request for additional information under subsection
(D), to each item required by the request, the Department shall treat the
application as withdrawn. The Department shall not issue a written notice of
denial.
2. The applicant may
withdraw the application during the 60-day response period. If the applicant
withdraws the application, the Department shall not issue a written notice of
denial. If the applicant wishes to obtain a license after withdrawal of an
application, an applicant shall submit a new application.
3. The notice of denial shall provide a
justification for the denial and an explanation of the applicant's right to a
hearing or appeal.
F.
Notification after substantive review. Upon completion of the substantive
review, the Department shall notify the applicant in writing that the license
is granted or denied within the overall time-frames listed in Tables A and B.
The notice of denial shall provide a justification for the denial and an
explanation of the applicant's right to a hearing or appeal.
G. Applicant response period. In computing
the applicant's response periods prescribed in this Section, the last day of a
response period is counted. If the last day is a Saturday, Sunday, or legal
holiday, the applicant's response period runs until the end of the next day
that is not a Saturday, Sunday, or legal holiday.
H. Effective date. This Section applies to
applications filed with the Department on or after the effective date of this
Section.
Notes
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