A. Definitions.
The definitions in A.R.S. §
41-1072 and the following
definitions apply to this Article.
1.
"Department" means the Insurance Division of the Department of Insurance and
Financial Institutions.
2.
"License" has the meaning prescribed in A.R.S. §
41-1001(13).
3.
"Overall time frame" means the number of days after
the Department's receipt of an application for a license during which the
Department determines whether to grant or deny a license. The overall time
frame consists of both the administrative completeness review time frame and
the substantive review time frame A.R.S. §
41-1072(2) .
4.
"Substantive review time frame" means the number of
days after the completion of the administrative completeness review time frame
during which the Department determines whether an application or applicant for
a license meets all substantive criteria required by state or rule A.R.S.
§
41-1072(3) .
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.
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.
If an applicant
does not make some response to each specific deficiency in a notice of
deficiency issued during an administrative completeness review, the Department
may issue a notice to the applicant within 10 days after receipt of the
applicant's response, stating that the response is inadequate. The notice of
inadequate response shall identify each specified deficiency to which the
applicant did not make some response.
a. If the Department issues a
notice of inadequate response under this subsection, the suspension of the
administrative completeness review time-frame and the overall time-frame is not
terminated.
b. If the Department does not
issue a notice of inadequate response under this subsection, the 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.
If an applicant does not make some response to each
component or item of information requested in a comprehensive written request
for additional information, the Department may issue a notice to the applicant
within 10 days after receipt of the applicant's response stating that the
response is inadequate. The notice of inadequate response shall identify each
component or item of information required, to which the applicant did make some
response.
a. If the Department issues a
notice of inadequate response under this subsection, the suspension of the
substantive review time-frame and overall time-frame is not
terminated.
b. If the Department does not
issue a notice of inadequate response under this subsection, the 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.
This rule applies to applications filed on or after
January 1, 1999.
Notes
Ariz. Admin.
Code §
R20-6-708
Former General Rule
70-22; Correction, original publication did not include Exhibit C. (Supp.
76-1). Repealed effective January 8, 1980 (Supp. 80-1). R20-6-708 recodified
from R4-14-708 (Supp. 95-1). Amended effective January 1, 1999; filed in the
Office of the Secretary of State December 4, 1998 (Supp. 98-4). Amended by
final rulemaking at
29
A.A.R. 612, effective 4/10/2023.
