Section R18-1-511. Licensing Time-frames Changed Application Agreements

A.      An applicant and the Department may enter into a licensing time-frames   agreement  to  allow   the  applicant  to   change

information previously submitted in support of a license application and to supersede the time-frames of that application with new time-frames. A changed licensing time- frames agreement causes all time-frames on the application to end under R18-1-507(D) and creates a new set of time-frames that operates under the agreement.

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

1.        Unless specified otherwise 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 change the information submitted in support of a changed application.

3.        Identification of application components required in support of the changed application.

4.        The number of time-frame days applicable to the changed application.

5.        A fee adjustment, if appropriate.

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

C.      The Department shall consider all the following factors when determining whether to enter into a changed licensing time- frames 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 30 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).