Ariz. Admin. Code § 8-3-104

Current through Register Vol. 31, No. 2, January 10, 2025

Section R8-3-104 - Application for Approval of Expenditures of Monies or Funds

A. An applicant shall submit to the Department an original and four legible copies of a completed application, using a form that is available from the Department.

B. An applicant shall comply with the requirements of this Section on or before the deadline published under R8-3-102. The applicant shall provide the following information, on or with the application form:

1. The property owner's name, mailing address, telephone number and, if available, fax number and e-mail address;

2. Information about the property owner's representative or agent, if applicable, including:

a. Name of representative or agent, mailing address, telephone number and, if available, fax number and e-mail address; and

b. Name of contact person for the representative or agent and the contact person's title, telephone and fax numbers, and e-mail address;

3. If the property owner is represented by another person, written consent for representation that is signed by the property owner and notarized;

4. A completed "Application Checklist" form which is available from the Department, listing all items included as part of the application;

5. The legal description of the location of the property offered for acquisition;

6. If less than all of the property owned is being offered for acquisition, a description of the portion of the property the owner is offering for acquisition;

7. A map of the applicable military installation showing the property offered for acquisition in relationship to the military installation;

8. The date the property was acquired by the current property owner;

9. The name in which title to the property is held;

10. A list of all known recorded or unrecorded mortgages, encumbrances, liens, and easements on the property;

11. A statement disclosing any known hazardous environmental conditions on the property;

12. A narrative explaining the applicant's eligibility to apply for funding from MIF;

13. A request statement stating the amount of MIF monies being requested. along with a copy of the most recent notice of the property valuation provided by the county assessor in which the property is located and any other evidence used to determine the amount of funds to request;

14. The amount and source of any supplemental funding available for the acquisition. Attach to the application verification from the source of the supplemental funding that supplemental funding is available and indicate whether there is a limitation on the availability or use of the supplemental funding;

15. A written description of the property owner's inability to use or limitation on the use of the property and how long the inability or limitation has existed due to state or local military planning and zoning mandates;

16. A written description of measures taken by the applicant to mitigate the impact of the military installation on the property and the property owner;

17. Any supporting or opposing documents from a military installation, city, town, or county related to the proposed acquisition;

18. A written explanation or documentation providing information the applicant believes will assist the Department and AMAC regarding the acquisition request; and

19. The signature of the property owner or the owner's representative verifying that all information in the application is accurate and correct to the best of the property owner's or the representative's knowledge, under penalty of perjury.

C. If any of the information submitted in the application changes, an applicant shall provide written notice no later than 15 days before the close of the administration review period established under R8-3-103(A). If information changes within 15 days of the close of the review period, the applicant shall notify the Department of the change and the Department shall consider the best interests of the state in deciding whether to consider the application. The following changes require specific information to be included in the notice:

1. If ownership of the property changes, the new owner shall ensure that the required notice:

a. Is signed and notarized by the new owner and indicates whether the new owner wants the Department to continue to consider the application;

b. Updates the information contained in the application; and

c. Contains copies of legal documents evidencing the change in ownership; or

2. If use of the property changes, the owner of the property shall ensure that the required notice describes the nature of the changed use.

Ariz. Admin. Code § R8-3-104

Adopted effective September 27, 1985 (Supp. 85-5). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-504 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).