Section R4-29-107. Licensing Time-frames

A.      Overall time-frame. The OPM shall issue or deny a license within the overall time-frames listed in Table 1. The overall time-frame, which is the total number of days provided for both the administrative completeness and substantive review time-frames, begins when the OPM receives an application.

B.       Administrative completeness review time-frame.

1.        During the administrative completeness review time- frame, the OPM shall notify the applicant in writing whether the application is complete or incomplete. If the application is incomplete, the OPM shall specify in the notice what information is missing. If the OPM does not provide notice to the applicant within the administrative completeness review time-frame, the OPM shall deem the application complete.

2.        An applicant with an incomplete license application shall supply the missing information within the completion request period listed in Table 1. The administrative com- pleteness review and overall time-frames are suspended from the postmark date of the notice of missing informa- tion until the date the OPM receives the information.

3.        If an applicant fails to submit the missing information before expiration of the completion request period, the OPM shall consider the application withdrawn and close the file. An applicant whose file is closed may apply for a license by submitting a new application and application fee.

C.      Substantive review time-frame.

1.        The substantive review time-frame listed in Table 1 begins when an application is administratively complete or at the end of the administrative completeness review time-frame in Table 1, whichever occurs first. If the OPM determines during the substantive review that additional information is needed, the OPM shall send the applicant a comprehensive written request for additional informa- tion.

2.        Both the substantive review and overall time-frames are suspended from the date of the OPM’s request until the date that the OPM receives the additional information. The applicant shall submit the additional information within the additional information period listed in Table 1.

3.        If the applicant fails to provide the additional information within the additional information period in Table 1, the OPM shall consider the application withdrawn and close the application. An applicant whose file is closed may apply for a license by submitting a new application and application fee.

D.      Within the overall time-frame listed in Table 1, the OPM shall:

1.        Deny a license or approval to an applicant if the OPM determines that the applicant does not meet all the sub- stantive criteria required by the OPM’s statutes and this Chapter; or

2.        Grant a license or approval to an applicant if the OPM determines that the applicant meets all the substantive cri- teria required by the OPM’s statutes and this Chapter.

E.       If the OPM denies a license or approval under subsection (D)(1), the OPM shall provide a written notice of denial to the applicant that explains:

1.        The reason for the denial, with citations to supporting statutes or rules;

2.        The applicant's right to seek a fair hearing to challenge the denial; and

3.        The time for appealing the denial.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Sec- tion repealed by final rulemaking at 13 A.A.R. 528, effec- tive April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7,

2007 (Supp. 07-1). Amended by final rulemaking at 19

A.A.R. 2967, effective September 13, 2013 (Supp. 13-3).