Section R2-11-305. Permit Issuance; Denial

A.      Before issuing a permit, the Director shall review the applica- tion.

B.       After consideration of the factors in subsection (C), the Direc- tor may issue a permit to an applicant who has complied with the application requirements in R2-11-303.

C.      The Director may deny a permit for one or more of the follow- ing reasons:

1.        The solicitation interferes with the work of an employee or daily business of an agency;

2.        The solicitation conflicts with the time, place, manner, or duration of other events or solicitations for which permits have been issued or are pending;

3.        The solicitation creates a risk of injury or illness to per- sons or risk of danger to property; or

4.        The applicant or solicitation fails to comply with the requirements of this Article.

D.      A permit shall not be issued earlier than 60 days before the solicitation.

E.       If the Director denies a permit, the Department shall send the applicant a written notice explaining:

1.        The reason for denial, with citations to supporting stat- utes or rules,

2.        The applicant’s right to seek a hearing to challenge the denial,

3.        The applicant’s right to request an informal settlement conference under A.R.S. § 41-1092.06, and

4.        The time periods for appealing the denial.

Historical Note

New Section made by emergency rulemaking under

A.R.S. § 41-1026 at 9 A.A.R. 3046, effective June 18, 2003 for a period of 180 days (Supp. 03-2). Emergency

Section repealed and replaced by new Section under

A.R.S. § 41-1026(E) made by final rulemaking at 9

A.A.R. 3781, effective August 8, 2003 (Supp. 03-3).