Section R18-1-501. Definitions

In addition to the definitions provided in A.R.S. § 41-1001, § 41- 1072, and R18-1-101, the following definitions apply to this Article:

1.        “Administrative completeness” or “administratively complete” means Department receipt of all application components required by statute or rule and necessary to enable the Department to issue a notice of administrative

completeness under A.R.S. § 41-1074 and thereby end the administrative completeness review time-frame and start the substantive review time-frame.

2.        “Administrative completeness review” means the process of clerical verification by the Department to determine whether the submitted application components meet the requirements of administrative completeness.

3.        “Applicant” means a person who requests the Department to issue a license.

4.        “Applicant response” means a written response from the applicant to a Department notice that complies with all the following:

a.         The response identifies the applicant.

b.        The response identifies the Department notice.

c.         The response is  addressed to the Department employee identified in the Department notice as the designated recipient of the notice.

d.        The response contains the required information identified in the Department notice or the response contains a notice under R18-1-520 to rely on the application components as submitted.

5.        “Application” means a request to the Department to issue a license to the requestor when that request is in writing and complies with R18-1-502 and R18-1-503(A).

6.        “Application clerk” means a Department employee with authority to receive applications for a specific license or an application component or applicant response.

7.        “Application component” means a document, other written information, or fee required by statute or rule and submitted to the Department in support of an application.

8.        “Companion category” means one of an association of two or more consecutive categories, shown on the license tables with paired license names, and containing a distinction between “standard” and “complex”, between “without a public hearing” and “with a public hearing”, or “without a public meeting” and “with a public meeting”.

9.        “Complex” means an application category that requires significantly more Department resources to review the application than applications processed in a companion standard category due to the size, novelty, complexity, or technical difficulty expressed in the application.

10.     “Comprehensive request for additional information” means a Department notification made after the administrative completeness review time-frame that:

a.         Contains a list of information required by statute or rule and necessary before the Department may grant the license; and

b.        Suspends the running of days within the time- frames.

11.     “Day” means business day and excludes Saturdays, Sundays, and state holidays.

12.     “Department notification” or “Department notice” means written communication by the Department to an applicant in person or at the mailing or electronic address identified on the application. The Department may notify the applicant at the applicant’s electronic address only if the applicant provides that address as part of an application component. The notification is effective:

a.         If mailed, on the date of its postmark.

b.        If delivered in person by a Department employee or agent, on the date of delivery.

c.         If delivered electronically, on the date of delivery to the electronic address.

13.     “Department receipt” of an application component or an applicant response means one of the following days:

a.         If the component or response is handed to an application clerk by the applicant, the day of actual receipt by the application clerk.

b.        If the component or response is mailed, five days after the postmark identifying the mailing date.

c.         If the component or response is delivered to an electronic address of an application clerk, one day after the date of delivery to the electronic address.

d.        If the Department notifies the applicant of receipt within five days after the date of actual receipt, the day of actual receipt of the component or response by the application clerk.

e.         If delivered during an application moratorium or time-frame suspension declared under R18-1-518, the day after the moratorium or suspension ends.

14.     “Electronic address” means either a telephone number for facsimile document communication (fax) or an electronic mail (e-mail) address. “Electronic address” does not mean a telephone number for voice or TDD (telephone device for the deaf) communication.

15.     “Fee excusal” means the sanction imposed on a Department fund under A.R.S. § 41-1077(A)   that requires the Department to excuse further fees required from the applicant by the Department.

16.     “Initial fee” means that part of the fee required to be submitted under R18-1-503(A).

17.     “License category” means a category identified on a license table.

18.     “License table” means a table within this Article.

19.     “Licensing time-frame” means any of the time-frames identified in A.R.S. §§ 41-1072 through 41-1079, the operation of which requires the Department to report its compliance level for overall time-frames to the Governor’s Regulatory Review Council under A.R.S. § 41-1078(A).

20.     “Licensing time-frame agreement” means an agreement made under any of the Sections R18-1-508 through R18- 1-512.

21.     “Penalty” means the sanction imposed on a Department fund under A.R.S. § 41-1077(B).

22.     “Phased application” means an application processed pursuant to a licensing time-frame agreement that allows the applicant to submit application components in two or more phases with each phase providing for administrative completeness review.

23.     “Pre-application” means the period prior to Department receipt of an applicant’s first application component submittal under R18-1-503(A).

24.     “Presumptive administrative completeness” means the expiration of the administrative completeness review time-frame and the automatic start of the running of days within the substantive review time-frame under A.R.S. § 41-1074(C) as a result of the Department failing to issue a notice of administrative completeness under A.R.S. § 41- 1074(A).

25.     “Presumptive overall time-frame” means the sum of the days shown for the administrative completeness review and substantive review time-frames on the license tables for that license category and may be different from the actual overall time-frame because the  presumptive overall time-frame does not include a lengthening of the time-frame due to a time-frame extension agreement or a shortening of the time-frame due to early starting of the substantive review time-frame caused by the issuance of a notice of administrative completeness.

26.     “Presumptive substantive review time-frame” means the days shown for the substantive review time-frame on the license tables for a license category.

27.     “Refund” means the sanction imposed on a Department fund under A.R.S. § 41-1077(A) that requires the Department to refund fees already paid by the applicant into that fund.

28.     “Request for additional information” means a Department notification or contact made after the administrative completeness review time-frame and that identifies information required by statute or rule and necessary before the Department may grant the license.

29.     “Sanction” means a refund, fee excusal, or penalty under

A.R.S. § 41-1077.

30.     “Site inspection” means an inspection performed by the Department under A.R.S. § 41-1009 as part of a required component of an application for a license shown on the license tables.

31.     “Substantive review” means the process of qualitative evaluation by the Department of application components to determine whether the components meet all requirements in statute or rule and necessary to grant the license. “Substantive review” does not include clerical verification of the components nor does it include Department investigations resulting from reporting or notification requirements.

32.     “Time-frame extension” means the entire period after the overall time-frame would otherwise expire and during which an application is not subject to sanctions. The substantive review and overall time-frames continue in effect and do not expire during the time-frame extension.

33.     “Withdrawn application” means an application that has ceased to be subject to this Article due to the applicant’s request that the Department cease all consideration of the application under R18-1-517. An applicant’s ability to withdraw an application is not governed by this Article.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).