Ariz. Admin. Code § R18-1-507 - Ending of Time-frames; Licensing Decisions; Withdrawal; Notice of Licensing Time-frames Nonapplicability

A. Department notification of the grant or denial of a license ends the running of all licensing time-frames for an application.

B. The Department may deny a license if the applicant submits incomplete or inaccurate information in response to a notice of administrative deficiencies under R18-1-503, a request for additional information or a comprehensive request for additional information under R18-1-504, a supplemental request for additional information under R18-1-509, or any other deficiency in the application that prevents the Department from exercising its authority to grant the license.

C. The Department may deny a license if the applicant fails to respond in a reasonably timely manner to a notice of administrative deficiencies under R18-1-503, a request for additional information or a comprehensive request for additional information under R18-1-504, or a supplemental request for additional information under R18-1-509, and the deficiency in the application prevents the Department from exercising its authority to grant the license. In determining whether an applicant has failed to respond to a notice or request in a reasonably timely manner and the deficiency in the application prevents the Department from exercising its authority to grant the license, the Department shall consider the following factors:

1. The nature of the information requested.

2. The time that an applicant has been given in the notice or request to respond relative to the overall time-frame for that category of license.

3. The extent to which the Department's ability to process applications for that license category or related license categories is adversely affected by overdue responses for information.

D. Department notice of the denial of a license shall include all the following:

1. A justification for the denial under A.R.S. § 41-1076(1).

2. An explanation of the applicant's right to appeal the action under A.R.S. §§ 41-1076(2) and 41-1092.03(A).

3. An explanation of the applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

E. The following actions by the applicant are sufficient to end all time-frames for an application:

1. Withdrawing the application under R18-1-517.

2. Entering into a changed licensing time-frames agreement under R18-1-511.

F. If the Department determines during its review of an application that the application is not subject to this Article, the Department shall notify the applicant that the application is not subject to this Article. The Department notification shall contain the Department's reason for making the determination. Department notification under this subsection causes all time-frames for the application to end.

Notes

Ariz. Admin. Code § R18-1-507

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).