Section R9-16-407. Time-frames

A.      The overall time-frame described in A.R.S. § 41-1072(2) for each type of approval granted by the Council is set forth in Table 1. The applicant and the Department may agree in writ- ing to extend the substantive review time-frame and the over- all time-frame. The substantive review time-frame and the overall time-frame may not be extended by more than 25% of the overall time-frame.

B.       The administrative completeness review time-frame described in A.R.S. § 41-1072(1) for each type of approval granted by the Council is specified in Table 1.

1.        The  administrative  completeness  review   time-frame begins:

a.         For an applicant applying to take the sanitarian examination, when the Council receives the applica- tion packet required in R9-16-402;

b.        For an applicant who is approved to take the sanitar- ian examination, when the applicant takes the sani- tarian examination; or

c.         For an applicant who is registered, certified, or licensed as a sanitarian in another jurisdiction, when the Council receives the application packet required in R9-16-403; or

d.        For an applicant applying to renew the applicant’s registration as a sanitarian, when the Council receives the application packet required in R9-16- 404.

2.        If an application packet in subsection (B)(1)(a), (B)(1)(c), or (B)(1)(d) is:

a.         Incomplete, the Council shall provide a deficiency notice to the applicant describing the missing docu- mentation or incomplete information. The adminis- trative completeness review time-frame and the overall time-frame are suspended from the date of the notice until the date the Council receives the documentation or information listed in the defi- ciency notice. An applicant shall submit to the Council the documentation or information listed in the deficiency notice within the time period speci- fied in Table 1 for responding to a deficiency notice.

i.         If the applicant submits the documentation or information listed in the deficiency notice within the time period specified in Table 1, the Council shall provide a written notice of administrative completeness to the applicant.

ii.        If the applicant does not submit the documenta- tion or information listed in the deficiency notice within the time period in Table 1, the Council considers the application withdrawn and shall return the application packet to the applicant; or

b.        Complete, the Council shall provide a notice of administrative completeness to the applicant.

3.        If an applicant takes and submits the sanitarian examina- tion in subsection (B)(1)(b) and the examination is:

a.         Incomplete, the Council shall provide a deficiency notice to the applicant stating that the applicant’s sanitarian examination is incomplete and identifying the date of the next scheduled sanitarian examina- tion. The administrative completeness review time- frame and the overall time-frame are suspended from the date of the notice until the Council receives a completed sanitarian examination; or

b.        Complete, the Council shall provide a written notice of administrative completeness to the applicant.

C.      The substantive review time-frame described in A.R.S. § 41- 1072(3) is specified in Table 1 and begins to run on the date of the notice of administrative completeness.

1.        If an application for approval to take the sanitarian exam- ination in subsection (B)(1)(a):

a.         Does not comply with the requirements in this Arti- cle, the Council shall provide a comprehensive request for additional information to the applicant.

i.         If the applicant does not submit the additional information within the time specified in Table 1 or the additional information submitted by the applicant does not demonstrate compliance with this Article and A.R.S. § 36-136.01, the Council shall deny approval to take the sanitar-

ian examination and provide the applicant a written notice of denial that complies with A.R.S. § 41-1092.03(A); or

ii.        If the applicant submits the additional informa- tion within the time specified in Table 1 and the additional information submitted by the appli- cant demonstrates compliance with this Article and A.R.S. § 36-136.01, the Council shall pro- vide a written notice of approval to take the sanitarian examination to the applicant; or

b.        Complies with the requirements in this Article and

A.R.S. § 36-136.01, the Council shall provide a written notice of approval to take the sanitarian examination to the applicant.

2.        If the Council determines that an applicant:

a.         Failed to sit for the sanitarian examination within the time-frame in subsection (F), the Council shall pro- vide a written notice to the applicant requiring the applicant to submit a new application for approval to take the sanitarian examination if the applicant requests registration;

b.        Failed the sanitarian examination, the Council shall deny registration and provide a written notice of appealable agency action that complies with A.R.S.

§ 41-1092.03(A) to the applicant; or

c.         Passed the sanitarian examination, the Council shall issue a certificate of registration as a sanitarian to the applicant.

3.        If an application for registration as a sanitarian in subsec- tion (B)(1)(c):

a.         Does not comply with the requirements in this Arti- cle, the Council shall provide a comprehensive request for additional information to the applicant and take action as follows:

i.         If the applicant does not submit the additional information within the time specified in Table 1 or the additional information submitted by the applicant does not demonstrate compliance with this Article and A.R.S. § 36-136.01, the Council shall deny registration and provide the applicant a written notice of appealable agency action that complies with A.R.S. § 41- 1092.03(A); or

ii.        If the applicant submits the additional informa- tion within the time specified in Table 1 and the additional information submitted by the appli- cant demonstrates compliance with this Article and A.R.S. § 36-136.01, the Council shall issue a certificate of registration as a sanitarian to the applicant; or

b.        Complies with the requirements in this Article and

A.R.S. § 36-136.01, the Council shall issue a certifi- cate of registration as a sanitarian to the applicant.

4.        If an application for renewal of registration as a sanitarian in subsection (B)(1)(d):

a.         Does not comply with the requirements in this Arti- cle, the Council shall provide a comprehensive request for additional information to the applicant;

i.         If the applicant does not submit the additional information within the time specified in Table 1 or the additional information submitted does not demonstrate compliance with the require- ments in this Article and A.R.S. § 36-136.01, the Council shall deny renewal and provide a written notice of appealable agency action that complies with A.R.S. § 41-1092.03(A) to the applicant; or

ii.        If the applicant submits the additional informa- tion within the time specified in Table 1 and the additional information submitted demonstrates compliance with the requirements in this Arti- cle and A.R.S. § 36-136.01, the Council shall issue a renewal certificate of registration as a sanitarian to the applicant; or

b.        Complies with the requirements in this Article and

A.R.S. § 36-136.01, the Council shall issue a renewal certificate of registration as a sanitarian to the applicant.

D.      If an applicant receives a written notice of appealable agency action in subsections (C)(1)(a)(i), (C)(2)(b), (C)(3)(a)(i), or (C)(4)(a)(i), the applicant may file a notice of appeal with the Department within 30 days after receiving the notice of appealable agency action. The appeal shall be conducted according to A.R.S. Title 41, Chapter 6, Article 10.

E.       If the Council grants approval to take the sanitarian examina- tion or issues or renews a certificate of registration as a sanitar- ian during the administrative completeness review time-frame, the Council shall not issue a separate written notice of admin- istrative completeness.

F.       If an applicant does not sit for the sanitarian examination within 12 months of the Council’s approval to take the sanitar- ian examination, the applicant shall, before taking the sanitar- ian examination:

1.        Submit a new application for Council approval and the application fee required in R9-16-402(C);

2.        Receive Council approval to take the sanitarian examina- tion; and

3.        Submit the nonrefundable examination fee required in R9-16-402(D).

G.      If a time-frame’s last day falls on a Saturday, Sunday, or a legal holiday, the Council considers the next business day as the time-frame’s last day.