Section R17-3-805. Reconsideration of PHSRAC’s Decision  


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  • A.      If PHSRAC denies a request to designate a proposed road at the initial assessment stage, as described in R17-3-803(B), the agency, group, or individual that requested designation may prepare and submit an application and report under R17-3- 803(C) to PHSRAC at its own cost. The agency, group, or individual shall submit the application and report within one year from the date of PHSRAC’s decision denying the request.

    B.       If PHSRAC denies an application to designate a road, the agency, group, or individual may request that PHSRAC recon- sider its decision:

    1.        The entity requesting reconsideration has 60 days from the date of PHSRAC’s decision to present additional information to PHSRAC. Additional information includes data that emphasizes the factors PHSRAC con- siders in R17-3-804(A), and emphasizes the road’s unique features or special qualities that could be pro- tected or enhanced. The Department shall prepare the additional information if the road is a state highway.

    2.        PHSRAC shall not reconsider its decision if the entity requesting reconsideration does not submit additional information.

    C.      If additional information is presented, PHSRAC shall discuss and vote on the request for reconsideration at a meeting con- vened under A.R.S. Title 38, Article 3.1.

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Correction to subsection (C) (Supp. 88-4). Amended effective August 3, 1994 (Supp. 94-3). Amended by final rulemak-

ing at 10 A.A.R. 2073, effective July 6, 2004 (Supp. 04-

2).