Section R18-1-508. Licensing Time-frames Pre-application Agree- ments

A.      An applicant and the Department may enter into a licensing time-frames pre-application agreement to allow the applicant to do one or more of the following:

1.        Submit certain application components in one or more phases during the substantive review time-frame.

2.        Coordinate the licensing time-frames requirements of this Article with expedited application review by a private consultant under contract with the Department for that purpose.

3.        Coordinate the licensing time-frames requirements of this Article with an applicant’s requirements to apply for and obtain other approvals reasonably related to the subject matter of the application.

B.       A licensing time-frames pre-application agreement shall contain at least the following terms:

1.        Unless otherwise specified in the agreement, all requirements of this Article remain in effect.

2.        A waiver under A.R.S. § 41-1004 by the applicant of its rights to the number of time-frame days identified on the license tables in consideration of the Department allowing the  applicant to enter  into a licensing  time- frames pre-application agreement.

3.        Identification of application components.

4.        The number of days for the administrative completeness review time-frame and the substantive review time- frame. Time spent in pre-application review shall not count toward the running of days within the time-frames.

5.        A fee adjustment, if appropriate.

6.        Identification of the license category within which the Department shall begin processing the application.

C.      A licensing time-frames pre-application agreement that allows the applicant to submit certain application components in one or more phases during the substantive review time-frame shall contain at least the terms identified in subsection (B) of this Section and the following terms:

1.        The overall time-frame shall not be less than the presumptive overall time-frame identified in subsection (B)(6) of this Section.

2.        The administrative completeness review time-frame shown for the license category identified in subsection (B)(6) of this Section shall apply only to the first application phase.

3.        The applicant may submit components otherwise required for administrative completeness in subsequent phases during the substantive review time-frame only to the extent that the agreement specifies deadlines for each subsequent application phase and identifies the application components required in each subsequent phase. The Department may notify the applicant to respond to a notice of administrative deficiencies within 15 days after each subsequent submittal or the deadline identified in the agreement for each subsequent phased application component submittal.

4.        The Department may suspend the running of days within the time-frames once in each application phase with a comprehensive request for additional information on the same terms as prescribed under R18-1-504.

D.      The Department shall consider all the following factors when determining whether to enter into a licensing time-frames pre- application agreement:

1.        The complexity of the licensing subject matter. The Department shall not enter into an agreement if the presumptive substantive review time-frame is less than 90 days.

2.        The resources of the Department. The Department shall not enter into an agreement if the Department determines that either the negotiation of the agreement or the terms of the agreement are likely to require the Department to expend additional resources to the significant detriment of other applicants.

3.        The impact on public health and safety or the environment. The Department shall not enter into an agreement if the Department determines that the terms of the agreement are likely to cause a significant increase or change in the nature of the potential detrimental effects of the facility or activity to be governed by the license on public health and safety or the environment.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R.

3343, effective August 13, 1999 (Supp. 99-3).