Ariz. Admin. Code § 17-1-102

Current through Register Vol. 30, No. 25, June 21, 2024

Section R17-1-102 - Licensing Time-frames

A. Time-frames. The time-frames listed in Tables A and B apply to licenses issued by the Department.

1."Department" means the Arizona Department of Transportation.

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

3."Administrative completeness review time-frame" has the meaning prescribed in A.R.S. § 41-1072(1).

4."Overall time-frame" has the meaning prescribed in A.R.S. § 41-1072(2).

5."Substantive review time-frame" has the meaning prescribed in A.R.S. § 41-1072(3).

B. Administrative completeness review - notice of deficiency. Within the time-frame for the administrative completeness review listed in Tables A and B, the Department shall notify the applicant in writing that the application is complete or incomplete. If the application is incomplete, the Department shall issue a notice of deficiency to the applicant specifying the information required to make the application administratively complete.

1. The notice of deficiency shall list all missing information.

2. A notice of deficiency issued by the Department within the administrative completeness review time-frame suspends the administrative completeness review time-frame and the overall time-frame, from the date the Department issues the notice of deficiency until the date that the Department receives all missing information from the applicant.

C. Denial during administrative completeness review.

1. If the applicant does not withdraw the application and does not respond, within 60 days after the date on a notice of deficiency issued under subsection (B), to each item listed in the notice of deficiency, the Department shall treat the application as withdrawn. The Department shall not issue a written notice of denial.

2. The applicant may withdraw the application during the 60-day response period. If the applicant withdraws the application, the Department shall not issue a written notice of denial. If the applicant wishes to obtain a license after withdrawal of the application, an applicant shall submit a new application.

3. The Department may issue a written notice of denial to an applicant before finding administrative completeness if the information provided by the applicant demonstrates that the applicant is not eligible for a license under the relevant statute or rules.

4. The notice of denial shall provide a justification for the denial and an explanation of the applicant's right to a hearing or appeal.

D. Substantive review - additional information. Within the time-frame for the substantive review listed in Tables A and B, the Department may issue a comprehensive request for additional information, or by mutual agreement with the applicant, issue a supplemental request for additional information.

1. Any request for additional information shall list all items of information required.

2. Any request for additional information issued by the Department within the substantive review time-frame suspends the substantive review time-frame and overall time-frame, from the date the Department issues the request until the date that the Department receives all the required additional information from the applicant.

E. Denial during substantive review. The following provisions apply:

1. If the applicant does not withdraw the application and does not respond, within 60 days after the date on a request for additional information under subsection (D), to each item required by the request, the Department shall treat the application as withdrawn. The Department shall not issue a written notice of denial.

2. The applicant may withdraw the application during the 60-day response period. If the applicant withdraws the application, the Department shall not issue a written notice of denial. If the applicant wishes to obtain a license after withdrawal of an application, an applicant shall submit a new application.

3. The notice of denial shall provide a justification for the denial and an explanation of the applicant's right to a hearing or appeal.

F. Notification after substantive review. Upon completion of the substantive review, the Department shall notify the applicant in writing that the license is granted or denied within the overall time-frames listed in Tables A and B. The notice of denial shall provide a justification for the denial and an explanation of the applicant's right to a hearing or appeal.

G. Applicant response period. In computing the applicant's response periods prescribed in this Section, the last day of a response period is counted. If the last day is a Saturday, Sunday, or legal holiday, the applicant's response period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

H. Effective date. This Section applies to applications filed with the Department on or after the effective date of this Section.

Ariz. Admin. Code § R17-1-102

New Section R17-1-102 recodified from R17-1-101 by final rulemaking at 7 A.A.R. 3476, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4347, effective September 9, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 923, effective February 11, 2002 (Supp. 02-1).