Section R18-1-521. Notice of Intent to Rely on the License Category

A.      Upon Department notification that the Department  has changed the license category under R18-1-516, an applicant may submit a notice of intent to rely on the license category in effect before the Department notification.

B.       The applicant’s notice under subsection (A) of this Section shall include all of the following:

1.        Identification of the applicant.

2.        Identification of the license application.

	3.     Identification of the date of the Department notice.		indicated  on  the  license  tables.  An  application  withdrawn
	4.     A statement that  the applicant  intends  to  rely  on the		before the expiration of the overall time-frame is not subject to
	license category in effect before Department notification		sanctions.
	of the R18-1-516 license category change as the basis	B.	The Department shall make a refund and fee excusal to an
	upon  which  the  Department  shall   make  a  licensing		applicant for an application if the Department determines both
	decision.		of the following:
C.	Upon receipt of an applicant’s notice under subsection (A) of		1.     The overall time-frame for that application expired prior
	this Section, the Department shall do one of the following:		to Department notification of a licensing decision under
	1.     Rescind the change under subsection (D) of this Section.		R18-1-507(A).
	2.     Make  a  licensing  decision   under  R18-1-507(A)  and		2.     The    applicant   is   the   prospective   licensee   of   the
	process the decision in the changed category identified		application.
	under R18-1-516.	C.	The Department shall issue a refund and make a fee excusal
	3.     Allow the license category to revert under subsection (E)		within 15 days after the Department makes a determination
	of this Section.		that a refund and fee excusal is due.
D.	If the Department decides to rescind the change in the license	D.	A refund and fee excusal is limited to the specific application
	category,  the  Department   shall  notify   the  applicant  of  the		giving rise to the refund and fee excusal and does not include a
	decision  within  15  days   after  Department  receipt   of  the		refund  or   payment  excusal   for  services  requested   by  the
	applicant’s notice under subsection (A) of this Section and		applicant beyond the scope of the application. A refund is
	shall continue to process the application in the license category		limited to the amount actually received from the applicant by
	on which the applicant is relying.		the  Department  for   the  review  of  the   specific  application
E.	If, within 15 days after Department receipt of the applicant’s		giving rise to the refund and does not include interest.
	notice under subsection (A) of this Section, the Department	E.	The Department shall pay to the state general fund a penalty
	has not notified the applicant of a decision under subsection		for an application if the Department determines both of the
	(C) of this Section, the license category shall revert to the		following:
	category   in   effect   before    the   R18-1-516   Department		1.     The overall time-frame for that application expired prior
	notification  with  the  same  effect   on  the   time-frames  as		to Department notification of a licensing decision under
	described in subsection (D) of this Section.		R18-1-507(A)
			2.     On the last calendar day of the month, the Department

  

 

Historical Note

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

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