Section R13-13-109. Time-frames for Making Certification Determi- nations

A.      For certification as a school bus driver, the time-frames required by A.R.S. § 41-1072 et seq. are:

1.        Overall time-frame: 60 days

2.        Administrative completeness review time-frame: 45 days

3.        Substantive review time-frame: 15 days

B.       An administratively complete application for certification as a school bus driver consists of all the information and docu- ments listed in R13-13-102(A).

C.      An administrative completeness review time-frame, as described in A.R.S.  § 41-1072(1) and  listed in subsection (A)(2), begins on the date the Department receives an applica- tion.

1.        If the application is not administratively complete when received, the Department shall send a notice of deficiency to the applicant. The deficiency notice shall state the doc- uments and information needed to complete the applica- tion.

2.        Within 120 days from the postmark date of the deficiency notice, the applicant shall submit to the Department the

missing documents and information. The time-frame for the Department to finish the administrative completeness review is suspended from the postmark date of the defi- ciency notice until the date the Department receives the missing documents and information.

3.        If the applicant fails to provide the missing documents and information within the time provided, the Depart- ment shall close the applicant's file. An applicant whose file is closed and who wants to be certified shall apply again under R13-13-102.

4.        If the application is administratively complete, the Department shall send a written notice of administrative completeness to the applicant.

D.      A substantive review time-frame, as described in A.R.S. § 41- 1072(3) and listed in subsection (A)(3), begins on the post- mark date of the notice of administrative completeness.

1.        During the substantive review time-frame, the Depart- ment may make one comprehensive written request for additional information.

2.        The applicant shall submit to the Department the addi- tional information identified in the request for additional information within 20 days from the postmark date of the request for additional information. The time-frame for the Department to finish the substantive review of the appli- cation is suspended from the postmark date of the request for additional information until the Department receives the additional information.

3.        Unless an applicant requests that the Department deny certification within the 20-day period in subsection (D)(2), the Department shall close the file of an applicant who fails to submit the additional information within the 20 days provided. An applicant whose file is closed and who wants to be certified shall apply again under R13-13- 102.

4.        When the substantive review is complete, the Department shall inform the applicant in writing of its decision whether to certify the applicant.

a.         The Department shall deny certification if it deter- mines that the applicant does not meet all substan- tive criteria for certification required by statute and rule. An applicant who is denied certification may appeal the Department's decision under A.R.S. § 41- 1092 et seq. and any rules made under A.R.S. § 41- 1092.01(C)(4).

b.        The Department shall grant certification if it deter- mines that the applicant meets all substantive criteria for certification required by statute and rule.

Historical Note

New Section R17-9-109 adopted by final rulemaking at 5

A.A.R. 384, effective January 5, 1999 (Supp. 99-1). Amended by final rulemaking at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). New Section R13-13-109 recodified from R17-9-109 with Section cross-references revised, at 20 A.A.R. 2083, effective July 25, 2014 (Supp.

14-3).