Section R4-19-102. Time-frames for Licensure, Certification, or Approval

A.      In this Section:

1.        “Administrative completeness” or “administratively com- plete” means Board receipt of all application components required by statute or rule and necessary to begin the sub- stantive review time-frame.

2.        “Application packet” means an application form provided by the Board and the documentation necessary to estab- lish an applicant’s qualifications for licensure, certifica- tion, or approval.

3.        “Comprehensive written request for additional informa- tion” means written communication after the administra- tive completeness time-frame by the Board to an applicant in person or at the mailing or electronic address identified on the application notifying the applicant that additional information, including missing documents is needed before the Board can grant the license. The writ- ten communication shall:

a.         Contain a list of information required by statute or rule and necessary to complete the application or grant the license, and

b.        Inform the applicant that the request suspends the running of days within the time-frame, and

c.         Be effective on the date of issuance which is:

i.         The date of its postmark, if mailed;

ii.        The date of delivery, if delivered in person by a Board employee or agent; or

iii.      The date of delivery to the electronic address if delivered electronically.

4.        “Deficiency notice” means written communication by the Board to an applicant in person or at the mailing or elec- tronic address identified on the application notifying the applicant that additional information, including missing documents, is needed to complete the application. The written communication shall:

a.         Contain a list of information required by statute or rule and necessary to complete the application or grant the license;

b.        Inform the applicant that the request suspends the running of days within the time-frame; and

c.         Be effective on the date of issuance which is:

i.         The date of its postmark, if mailed;

ii.        The date of delivery, if delivered in person by a Board employee or agent; or

iii.      The date of delivery to the electronic address if delivered electronically.

5.        “Notice of administrative completeness” means written communication by the Board to an applicant in person or at the mailing or electronic address identified on the application notifying the applicant the application con- tains all information required by statute or rule to com- plete the application.

6.        “Overall time-frame” has the same meaning as A.R.S. § 41-1072(2).

7.        “Substantive review time-frame” has the same meaning as A.R.S. § 41-1072(3).

B.       In computing the time-frames in this Section, the day of the act or event from which the designated period begins to run is not included. The last day of the period is included unless it is a Saturday, Sunday, or official state holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or official state holiday.

C.      For each type of licensure, certification, or approval issued by the Board, the overall time-frame described in A.R.S. § 41- 1072(2) is listed in Table 1. An applicant may submit a written request to the Board for an extension of time in which to pro- vide a complete application. The request for an extension of time shall be submitted to the Board office before the deadline for submission of a complete application and shall state the reason that the applicant is unable to comply with the time- frame requirements in Table 1 and the amount of additional time requested. The Board may grant an extension of time based on whether the Executive Director of the Board finds that the applicant is unable to comply within the time-frame due to circumstances beyond the applicant’s control and that the additional information can reasonably be supplied during the extension of time.

D.      For each type of licensure, certification, or approval issued by the Board, the administrative completeness review time-frame described in A.R.S. § 41-1072(1) is listed in Table 1 and begins to run when the Board receives an application packet.

1.        If the application packet is not administratively complete, the Board shall send a deficiency notice to the applicant. The time for the applicant to respond to a deficiency notice begins to run on the date the deficiency notice is issued.

a.         The deficiency notice shall list each deficiency.

b.        The applicant shall submit to the Board the missing information listed in the deficiency notice within the period specified in Table 1 for responding to a defi- ciency notice. The time-frame for the Board to com- plete the administrative review is suspended until the Board receives the missing information.

c.         If an applicant fails to provide the missing informa- tion listed in the deficiency notice within the period specified in Table 1, the Board shall close the appli- cant’s file and send a notice to the applicant by U.S. mail and electronically, if an electronic address is included in the application.

d.        If the applicant is the subject of an investigation, the Board may continue to process the application. Fail- ure of the applicant to supply the requested informa- tion may result in denial of the license or certificate based on information gathered during the investiga- tion.

2.        If the application packet is administratively complete, the Board shall send a written notice of administrative com- pleteness to the applicant.

3.        If the Board issues a license, certificate, or approval during the administrative completeness review time- frame, the Board shall not send a separate written notice of administrative completeness.

E.       For each type of licensure, certification, or approval issued by the Board, the substantive review time-frame described in

A.R.S. § 41-1072(3) is listed in Table 1 and begins to run on the date the notice of administrative completeness is issued.

1.        During the substantive review time-frame, an applicant may make a request to withdraw an application packet.

The Board may deny the request to withdraw an applica- tion packet if the applicant is the subject of an investiga- tion, based on information gathered during the investigation.

2.        If an applicant discloses or the Board receives allegations of unprofessional conduct as described in A.R.S. § 32- 1601 or this Chapter, the Board shall review the allega- tions and may investigate the applicant. The Board may require the applicant to provide additional information as prescribed in subsection (E)(3) based on its assessment of whether the conduct is or might be harmful or dangerous to the health of a client or the public.

3.        During the substantive review time-frame, the Board may make one comprehensive written request for additional information. The applicant shall submit the additional information within the period specified in Table 1. The time-frame for the Board to complete the substantive review of the application packet is suspended from the date the comprehensive written request for additional information is issued until the Board receives the addi- tional information.

4.        If the applicant fails to provide the additional information identified in the comprehensive written request for addi- tional information within the time specified in Table 1, the Board shall close the applicant’s file and send a notice to the applicant by U.S. mail and electronically, if an electronic address is included in the application. The Board may continue to process the application  if the applicant is the subject of an investigation. Failure of the applicant to supply the requested information may result in denial of the license or certificate based on information gathered during the investigation.

5.        The Board shall grant licensure, conditional licensure, limited licensure, certification, or approval to an appli- cant:

a.         Who meets the substantive criteria for licensure, cer- tification, or approval required by A.R.S. Title 32,

Chapter 15 and this Chapter; and

b.        Whose licensure, certification, or approval is in the best interest of the public.

6.        The Board shall deny licensure, certification, or approval to an applicant:

a.         Who fails to meet the substantive criteria for licen- sure, certification, or approval required by A.R.S.

Title 32, Chapter 15 and this Chapter; or

b.        Who  has  engaged   in  unprofessional   conduct  as described in A.R.S. § 32-1601 or this Chapter; and

c.         Whose licensure, certification, or approval is not in the best interest of the public.

7.        The Board’s written order of denial shall meet the requirements of A.R.S. § 41-1076. The applicant may request a hearing by filing a written request with the Board within 30 days of receipt of the Board’s order of denial. The Board shall conduct hearings in accordance with A.R.S. Title 41, Chapter 6, Article 10 and 4 A.A.C. 19, Article 6.

Historical Note

Adopted effective February 20, 1980 (Supp. 80-1). For- mer Section R4-19-02 renumbered and amended as Sec- tion R4-19-102 effective February 21, 1986 (Supp. 86-1).

Section repealed effective July 19, 1995 (Supp. 95-3).

New Section adopted April 20, 1998 (Supp. 98-2).

Amended by final rulemaking at 7 A.A.R. 1712, effective April 4, 2001 (Supp. 01-2). Amended by final rulemaking

at 14 A.A.R. 4621, effective January 31, 2009 (Supp. 08-

4).