Section R9-16-316. Time-frames

A.      The overall time-frame described in A.R.S. § 41-1072 for each type of license or approval granted by the Department is speci- fied in Table 3.1. The Department and an applicant may agree in writing to extend the substantive review time-frame and the overall time-frame. The substantive review time-frame and the overall time-frame may not be extended by more than 25 per- cent of the overall time-frame.

B.       The administrative completeness review time-frame described in A.R.S. § 41-1072  for each type  of license or  approval granted by the Department is specified in Table 3.1.

1.        The administrative completeness review time-frame begins:

a.         For an applicant submitting an application for approval to take the Department-designated written hearing aid dispenser examination, when the Depart- ment receives the application required in R9-16- 304(A);

b.        For an applicant submitting an application for initial hearing aid dispenser license by examination, when the Department receives the application required in R9-16-306;

c.         For an applicant submitting an application for initial hearing aid dispenser license by reciprocity, when the Department receives the application required in R9-16-307;

d.        For a business organization submitting an applica- tion for an initial hearing aid dispenser license to a business organization, when the  Department receives the application required in R9-16-308;

e.         For an applicant submitting an application for a tem- porary license, when the Department receives the application required in R9-16-309;

f.         For a licensed hearing aid dispenser applying to renew a hearing aid dispenser license, when the Department receives the application required in R9- 16-311;

g.        For a business organization applying to renew a business organization hearing aid dispenser license, when the Department receives the application required in R9-16-311; and

h.        For a temporary hearing aid dispenser applying to renew a temporary license, when the Department receives the application required in R9-16-311.

2.        If an application is incomplete, the Department shall pro- vide a notice of deficiencies to the applicant or licensee describing the missing documents or incomplete informa- tion. The administrative completeness review time-frame and the overall time-frame are suspended from the date of the notice until the date the Department receives the doc- umentation or information listed in the notice of deficien- cies. An applicant or licensee shall submit to the Department the documentation or information listed in the notice of deficiencies within the time specified in Table 3.1 for responding to a notice of deficiencies.

3.        If the applicant or licensee submits the documentation or information listed in the notice of deficiencies within the time specified in Table 3.1, the Department shall provide

a written notice of administrative completeness to the applicant of licensee.

4.        If the applicant or licensee does not submit the documen- tation or information listed in the notice of deficiencies within the time specified in Table 3.1, the Department shall consider the application withdrawn.

5.        When an application is complete, the Department shall provide a notice of administrative completeness to the applicant or licensee.

6.        If the Department issues a license or notice of approval during the administrative completeness review time- frame, the Department shall not issue a separate written notice of administrative completeness.

C.      The substantive review time-frame described in A.R.S. § 41- 1072 is specified in Table 3.1 and begins on the date of the notice of administrative completeness.

1.        If an application complies with this Article and A.R.S. Title 36, Chapter 17, Articles 1 through 4, the Department shall issue a notice of approval to an applicant or a license to an applicant or licensee.

2.        If an application does not comply with this Article and

A.R.S. Title 36, Chapter 17, Articles 1 through 4, the Department shall make  one comprehensive written request for additional information, unless the applicant or licensee has agreed in writing to allow the Department to submit supplemental requests for information. The sub- stantive review time-frame and the overall time-frame are suspended from the date that the Department sends a comprehensive written request for additional or a supple- mental request for information until the date that the Department receives all of the information requested.

3.        An applicant or licensee shall submit to the Department all of the information requested in a comprehensive writ- ten request for additional information or a supplemental request for information within the time specified in Table 3.1.

4.        If the applicant or licensee does not submit the additional information within the time specified in Table 3.1 or the additional information submitted by the applicant or licensee does not demonstrate compliance with this Arti- cle and A.R.S. Title 36, Chapter 17, Articles 1 through 4, the Department shall provide to the applicant or licensee a written notice of denial that complies with A.R.S. § 41- 1092.03(A).

5.        If the applicant or licensee submits the additional infor- mation within the time specified in Table 3.1 and the additional information submitted by the applicant or licensee demonstrates compliance with this Article and

A.R.S. Title 36, Chapter 17, Articles 1 through 4, the Department shall issue a license to an applicant or licensee or a notice of approval to an applicant.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 2063, effective July 3, 2004 (Supp. 04-2). Historical note corrected to reflect the rulemaking action on file and effective with the 04-2 supplement (Supp. 05-2). Section repealed; new Section made by exempt rulemaking at 20

A.A.R. 1998, effective July 1, 2014 (Supp. 14-2).