Section R20-6-708. Licensing Time-frames

A.      Definitions. The definitions listed below apply in this Section.

1.        “Administrative completeness review time frame” means the number of days from the Department’s receipt of an application for a license until the Department determines that the application contains all components required by statute or rule, including all information required to be submitted by other government agencies A.R.S. § 41- 1072 (1).

2.        “License” has the meaning prescribed in A.R.S. § 41- 1001(10).

3.        “Overall time frame” means the number of days after the Department’s receipt of an application for a license during which the Department determines whether to grant or deny a license. The overall time frame consists of both the administrative completeness review time frame and the substantive review time frame A.R.S. § 41- 1072 (2).

4.        “Substantive review time frame” means the number of days after the completion of the administrative complete- ness review  time frame  during  which the  Department determines whether an application or applicant for a license meets all substantive criteria required by state or rule A.R.S. § 41-1072(3).

B.       The time-frames listed in Table A apply to licenses issued by the Department. The licensing time-frames consist of an administrative completeness review, a substantive review, and an overall review.

C.      Within the time-frame for the administrative completeness review set forth in Table A, the Department shall notify the applicant in writing of whether the application is complete or incomplete. If the application is incomplete, the Department shall issue a notice of deficiency to the applicant specifying what information or component is required to make the appli- cation administratively complete.

1.        If the Department determines that an application for a license is not administratively complete, the Department shall include a comprehensive list of the specific defi- ciencies in the written notice provided under subsection (C). If the Department issues a written notice of defi- ciency within the administrative completeness review time-frame, the administrative completeness review time- frame and the overall review time-frame are suspended from the date the notice is issued until the date that the Department receives the missing information from the applicant.

2.        If an applicant does not make some response to each spe- cific deficiency in a notice of deficiency issued during an administrative completeness review, the Department may issue a notice to the applicant within 10 days after receipt of the applicant’s response, stating that the response is inadequate. The notice of inadequate response shall iden- tify each specified deficiency to which the applicant did not make some response.

a.         If the Department issues a notice of inadequate response under this subsection, the suspension of the administrative completeness review time-frame and the overall time-frame is not terminated.

b.        If the Department does not issue a notice of inade- quate response under this subsection, the Depart- ment is not precluded from issuing additional notices of deficiency during an administrative com- pleteness review.

3.        If an applicant does not make some response to each specified deficiency in a notice of deficiency issued under subsection (C)(2) within 60 days after the date of a notice of deficiency or within 60 days after a notice of inade- quate response issued under subsection (C)(2), the appli- cation is deemed withdrawn, and the Department is not required to take further action with respect to the applica- tion.

D.      Within the time-frame for the substantive review set forth in Table A, the Department may issue one comprehensive written request for additional information to the applicant specifying each component or item of information required.

1.        If the Department issues a comprehensive written request for additional information within the substantive review time-frame, the substantive review time-frame and the overall time-frame are suspended from the date the writ- ten request is issued until the date that the Department receives the additional information from the applicant.

2.        If an applicant does not make some response to each component or item of information requested in a compre- hensive written request for additional information, the Department may issue a notice to the applicant within 10 days after receipt of the applicant’s response stating that the response is inadequate. The notice of inadequate response shall identify each component or item of infor- mation required, to which the applicant did make some response.

a.         If the Department issues a notice of inadequate response under this subsection, the suspension of the substantive review time-frame and overall time- frame is not terminated.

b.        If the Department does not issue a notice of inade- quate response under this subsection, the Depart- ment is not precluded from later issuing supplemental requests by mutual agreement for additional information, during the substantive review.

3.        If an applicant does not make some response to each component or item of information required in a compre- hensive written request or a supplemental request for additional information, within 60 days after the date of a comprehensive written request or within 60 days after the

date of the supplemental request, the application is deemed withdrawn, and the Department is not required to take further action with respect to the application.

E.       Within the overall time-frames set forth in Table A, unless extended by mutual agreement under A.R.S. § 41-1075, the Department shall notify the applicant in writing that the appli- cation is granted or denied. If the application is denied, the Department shall provide written justification for the denial and a written explanation of the applicant’s right to a hearing or the applicant’s right to appeal.

F.       In computing the time periods prescribed in these time-frame rules, the last day of a notice period is included in the compu- tation, unless it is a Saturday, Sunday, or legal holiday.

G.      This rule applies to applications filed on or after January 1, 1999.

Historical Note

Former General Rule 70-22; Correction, original publica- tion did not include Exhibit C. (Supp. 76-1). Repealed effective January 8, 1980 (Supp. 80-1). R20-6-708 recod- ified from R4-14-708 (Supp. 95-1). Amended effective January 1, 1999; filed in the Office of the Secretary of State December 4, 1998 (Supp. 98-4).