Ariz. Admin. Code § R4-21-103 - Time-frames for Board Action
A. For each type of license, certificate, or
approval issued by the Board, the overall time frame described in A.R.S. §
41-1072(2) is listed in Table 1.
B. For each type of license, certificate, or
approval issued by the Board, the administrative completeness review time frame
described in A.R.S. §
41-1072(1) is listed in Table 1 and begins on the date
the Board receives an application package.
1.
If an application package is not administratively complete, the Board shall
send a deficiency notice to the applicant that specifies each piece of
information or document needed to complete the application package. Within the
time provided in Table 1 for response to a deficiency notice, beginning on the
postmark date of the deficiency notice, the applicant shall submit to the Board
the missing information or document specified in the deficiency notice. The
time frame for the Board to finish the administrative completeness review is
suspended from the date the Board mails the deficiency notice to the applicant
until the date the Board receives the missing information or
document.
2. If an application
package is administratively complete, the Board shall send a written notice of
administrative completeness to the applicant.
3. If an application package is not completed
with the time provided to respond to the deficiency notice, the Board shall
send a written notice to the applicant informing the applicant that the Board
considers the application withdrawn.
C. For each type of license, certificate, or
approval issued by the Board, the substantive review time frame described in
A.R.S. §
41-1072(3) is listed in Table 1 and begins on the date
the Board sends written notice of administrative completeness to the applicant.
1. During the substantive review time frame,
the Board may make one comprehensive written request for additional
information. Within the time provided in Table 1 for response to a
comprehensive written request for additional information, beginning on the
postmark date of the comprehensive written request for additional information,
the applicant shall submit to the Board the requested additional information.
The time frame for the Board to finish the substantive review is suspended from
the date the Board mails the comprehensive written request for additional
information to the applicant until the Board receives the additional
information.
2. If, under A.R.S.
§
32-1722(C), the Board determines that a hearing is needed to obtain information on the
character of an applicant, the Board shall include a notice of the hearing in
its comprehensive written request for additional information.
3. If the applicant fails to provide the
additional information within the time provided to respond to a comprehensive
written request for additional information, the Board shall send a written
notice to the applicant informing the applicant that the Board considers the
application withdrawn.
D. An applicant may, pursuant to A.R.S.
§
41-1075(B), receive an extension of up to twenty-five percent of the overall time frame to
respond under subsection (B)(3) or (C)(3) by sending a request for extension of
time to the Board before expiration of the time to respond. The time frame for
the Board to act remains suspended during any extension of time. If the
applicant fails to provide the requested information during the extension of
time, the Board shall send a written notice to the applicant informing the
applicant that the Board considers the application withdrawn.
E. Within the overall time frame listed in
the Table 1, the Board shall:
1. Deny a
license, certificate, or approval to an applicant if the Board determines that
the applicant does not meet all of the substantive criteria required by statute
and this Chapter; or
2. Grant a
license, certificate, or approval to an applicant if the Board determines that
the applicant meets all of the substantive criteria required by statute and
this Chapter.
F. If the
Board denies a license, certificate, or approval under subsection (E)(1), the
Board shall provide a written notice of denial to the applicant that explains:
1. The reason for the denial, with citations
to supporting statutes or rules;
2.
The applicant's right to seek a fair hearing to appeal the denial;
3. The time for appealing the denial;
and
4. The right to request an
informal settlement conference.
G. In computing any period prescribed in this
Section, the day of the act, event, or default after which the designated
period begins to run is not included. The period begins on the date of personal
service, date shown as received on a certified mail receipt, or postmark date.
The last day of the period is included unless it falls on a Saturday, Sunday,
or state holiday in which case, the period ends on the next business
day.
Notes
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