Section R18-1-502. Applicability; Effective Date

A.      This Article does not apply to any of the following:

1.        A license not requiring an application.

2.        A license conferred by a notification to the Department of an event, activity, or facility and that is not conferred by the Department in the form of a written license issued to the prospective licensee in response to the notification.

3.        A license issued at the Department’s initiative.

4.        A license issued by default if the Department does not make a licensing decision within a time identified in statute or rule.

5.        A license not identified in a category shown on the license tables.

6.        A license required under an abatement or compliance order or consent agreement, if a time-frame in the order or consent agreement is different than the time-frame for the license category. The time-frame in the order or consent agreement shall supersede the time-frame for the license category.

7.        An application for which the applicant is not the prospective licensee.

8.        Compliance activity by licensees in conformance with an issued license except for license renewal or revision activity.

9.        Contractual activity under A.R.S. § 41-1005(A)(15).

10.     Activity that leads to the revocation, suspension, annulment, or withdrawal of a license.

B.       If an application becomes subject to this Article, it remains subject to the terms of the original license category in which it was classified unless the application is withdrawn, is altered by a licensing time-frames agreement, or is changed under R18-1-516. If altered by a licensing time-frames agreement, the terms of the original license category are modified only to the extent expressly stated in the licensing time-frames agreement.

C.      If an Arizona statute or other rule in this Title conflicts with this Article, the statute or other rule governs except that only this Article determines whether an applicant is entitled to a refund and fee excusal due to Department failure to notify an applicant of a licensing decision within a licensing time-frame under A.R.S. § 41-1077(A).

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).