Ariz. Admin. Code § R8-2-309 - Time Limits

A. Following the Governor's proclamation reasonable work completion time limits shall be established by the Division. If the applicant feels, an extension of time is needed to complete work and submit claims arising from an emergency, a request for time extension, stating good cause for request, shall be submitted to the Division prior to identified time limit. If it is determined that good cause exists, an extension of time will be granted and the applicant will be notified of the decision in writing. Time limits are as follows:

B. Six months for temporary measures and emergency work and 12 months for permanent measures. If no effort has been made to begin work within this timeline, the project can be cancelled and funding withdrawn. If work has begun, a request for time extension should be submitted, as per subsection (A), and needs to include a timeline for project completion. A second extension request will be considered if there are extenuating circumstances outside the applicant's ability to control and/or work is near completion.

C. All damages attributed to a declared disaster must be identified by the eligible applicant within 60 days of the date of the Governor's Declaration. A final list of projects will be documented for concurrence and signature by both the applicant and a Division representative at the end of that 60 day period. Any damages identified after the 60 days will not be considered for reimbursement under the declared event.

D. All required information pertaining to the accurate development, review and approval of Project Worksheets identified under subsection (B) must be provided to the Division by the eligible applicant within six months from the date of declaration. Any information not received within that time-frame will not be considered as eligible costs reimbursable under the declared event; with the exception of hidden damages discovered after construction begins.

A. All of an Applicant's Facility or Facilities with Damage attributed to a specific State-Level Emergency and related information must be identified in writing to the Division by the Applicant within 60 days of the date of the Kick-Off Meeting, unless the start of the 60-day period is established by a Governor's Amendment to the Declaration. Any damaged Facility identified by the Applicant to the Division after this 60-day period has expired shall not be considered for Reimbursement unless the Applicant shows to the Director's satisfaction good cause for the delay.

B. All information that the Applicant wishes to have considered by the Division in evaluating Applicant's Project, including but not limited to information relating to Damages, Scope of Work, estimated and actual costs, and all other information that has been requested by the Division, must be provided to the Division by the Applicant within six months from the date of the Governor's Declaration, regardless of whether a Federal declaration is issued. Any information not received by the Division within this six-month period may not be considered by the Division in determining Reimbursement under the declared State-Level Emergency, with the exception of information relating to Damages that are both not discovered and not discoverable until after Eligible Work has been begun.

C. All Eligible Work for temporary and emergency purposes must be completed within six months of the date of the Governor's Declaration, and all Eligible Work for permanent purposes must be completed within 12 months of the date of the Governor's Declaration. If otherwise Eligible Work has not been completed within these time limits, the Division may cancel the Project in question, may recover from the Applicant any past funding provided by the Division for the Project, and may withdraw any then-future funding that would otherwise have been provided from the Governor's Emergency Fund for the Project.

D. The Division will consider an Applicant's request for an extension of time of any of Applicant's obligations under this Article only if the Applicant submits a written request for such an extension of time to the Division at least 14 calendar days (subject to A.R.S. § 1-243(A)) prior to the expiration of the existing deadline, unless the Applicant shows to the Division's satisfaction good cause for the delay. Any such request must include both:

1. An explanation of the need for additional time that establishes that the need for additional time is due to extenuating circumstances outside the Applicant's ability to control and/or that work is near completion; and

2. A timeline for completion of Applicant's obligations in question. All applications for extensions will be granted or denied in the Division's sole discretion.

Notes

Ariz. Admin. Code § R8-2-309

Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.