A.
Definitions. The definitions in A.R.S. §
41-1072 and the following
definitions apply to this Section.
1.
"Application" means a document specified or described in this Title, or in any
statute enforced by the Department, requesting any permit, certificate,
approval, registration, charter, or similar permission described in Table A,
together with all supporting documentation required by statute or
rule.
2. "License" means the same
as defined under A.R.S. §
41-1001(13).
B. The time-frames listed in Table A apply to
licenses issued by the Department. The licensing time-frames consist of an
administrative completeness review, a substantive review, and an overall
review. The administrative completeness review time-frame begins to run upon
receipt of an application by the Department.
1. Within the administrative
completeness review time-frame in Table A, the Department shall notify the
applicant in writing whether the application is complete. If the application is
incomplete, the notice shall specify the missing information or
component.
2. An applicant whose application
is incomplete shall supply the missing information within 60 days after the
date of the notice. If an applicant shows good cause in writing before the
expiration of the 60 day time limit, the Superintendent Director shall extend
the period for administrative completion of an application. The administrative
completeness review time-frame stops running on the postmark date of the
Department's written notice of an incomplete application, and resumes when the
Department receives a complete application. If the applicant fails to submit a
complete application within the specified time limit, the Department shall
reject the application and close the file. An applicant may
reapply.
3. The substantive review
time-frame begins to run on the postmark date of the Department's written
notice that the application is administratively complete.
4. Within the overall time-frame
set forth in Table A the Department shall send the applicant written notice of
its decision to approve, conditionally approve, or deny a license, unless the
time-frame is extended by mutual agreement under A.R.S. § 411075. If the
Department denies an application, it shall provide written justification for
the denial and a written explanation of the applicant's right to a hearing or
appeal in the form required by A.R.S. § 41-1076 .
5. The Department shall calculate
time limits prescribed in this Section under R2-19-107 .
C. Within the time-frame for the
administrative completeness review set forth in Table A, the Department shall
notify the applicant in writing whether the application is complete or
deficient.
1. If the application is deficient,
the Department shall issue a notice of deficiency to the applicant which shall
include a comprehensive list of the specific deficiencies. If the Department
issues a written notice of deficiency within the administrative completeness
review time-frame, the administrative completeness review time-frame and the
overall review time-frame are suspended from the date the notice is issued
until the date that the Department receives an adequate response from the
applicant.
2. The Department is not
precluded from issuing additional notices of deficiency during an
administrative completeness review.
3. If an applicant does not adequately
respond to each specified deficiency in a notice of deficiency issued under
subsection (C)(1) within 60 days after the date of a notice of deficiency the
application is deemed withdrawn, and the Department is not required to take
further action with respect to the application.
D. Within the time-frame for the substantive
review set forth in Table A, the Department may issue one comprehensive written
request for additional information to the applicant specifying each component
or item of information required.
1. If the
Department issues a comprehensive written request for additional information
within the substantive review time-frame, the substantive review time-frame and
the overall time-frame are suspended from the date the written request is
issued until the date that the Department receives an adequate response from
the applicant.
2. The Department is
not precluded from issuing supplemental requests by mutual agreement for
additional information, during the substantive review.
3. If an applicant does not adequately
respond to each component or item of information required in a comprehensive
written request or a supplemental request for additional information, within 60
days after the date of a comprehensive written request, or within 60 days after
the date of the supplemental request for additional information, the
application is deemed withdrawn, and the Department is not required to take
further action with respect to the application.
E. Within the overall time-frames set forth
in Table A, unless extended by mutual agreement under A.R.S. §
41-1075, the Department shall
notify the applicant in writing that the application is granted or denied. If
the application is denied, the Department shall provide to the applicant a
written notice that complies with the provisions of A.R.S. §
41-1076.
F. In computing the time periods prescribed
in these time-frame rules, the last day of a notice period is included in the
computation, unless it is a Saturday, Sunday, or legal holiday.
G. The time-frames in this Section apply
solely to actions taken by the Department. Nothing in this Section relieves a
licensee or applicant of a duty to fulfill any other legal or regulatory
requirement that is a condition of its power and authority to engage in
business.
