Ariz. Admin. Code § 9-25-1201

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-25-1201 - Time-frames (Authorized by A.R.S. Sections 36-2235, 41-1072 through 41-1079)

A. The overall time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department is listed in Table 12.1. The applicant and the Director may agree in writing to extend the overall time-frame. The substantive review time-frame shall 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 for each type of approval granted by the Department is listed in Table 12.1. The administrative completeness review time-frame begins on the date that the Department receives an application form or an application packet.

1. If the application packet is incomplete, the Department shall send to the applicant a written notice specifying the missing document or incomplete information. The administrative completeness review time-frame and the overall time-frame are suspended from the date of the written request until the date the Department receives a complete application packet from the applicant.

2. When an application packet is complete, the Department shall send a written notice of administrative completeness.

3. If the Department grants an approval during the time provided to assess administrative completeness, 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 listed in Table 12.1 and begins on the date of the notice of administrative completeness.

1. As part of the substantive review time-frame for an application for an approval other than renewal of an ambulance registration, the Department shall conduct inspections, conduct investigations, or hold hearings required by law.

2. If required under R9-25-402, the Department shall fix the period and terms of probation as part of the substantive review.

3. During the substantive review time-frame, the Department may make one comprehensive written request for additional documents or information and may make supplemental requests for additional information with the applicant's written consent.

4. The substantive review time-frame and the overall time-frame are suspended from the date of the written request for additional information or documents until the Department receives the additional information or documents.

5. The Department shall send a written notice of approval to an applicant:

a. Who:

i. Meets the qualifications in A.R.S. Title 36, Chapter 21.1 and this Chapter for the type of application submitted; or

ii. Is not in compliance with requirements in A.R.S. Title 36, Chapter 21.1 and this Chapter, for the type of application submitted, that do not directly affect the health or safety of a patient and submits to the Department a corrective action plan that is acceptable to the Department to address issues of compliance; and

b. For an application under R9-25-902 or R9-25-903, which may include special conditions or limitations, including a shorter renewal term, according to A.R.S § 36-2235.

6. The Department shall send a written notice of denial to an applicant who fails to meet the qualifications in A.R.S. Title 36, Chapter 21.1, and this Chapter for the type of application submitted.

D. If an applicant fails to supply the documents or information under subsections (B)(1) and (C)(3) within the number of days specified in Table 12.1 from the date of the written notice or comprehensive written request, the Department shall consider the application withdrawn.

E. An applicant that does not wish an application to be considered withdrawn may request a denial in writing within the number of days specified in Table 12.1 from the date of the written notice or comprehensive written request for documents or information under subsections (B)(1) and (C)(3).

F. If a time-frame's last day falls on a Saturday, Sunday, or an official state holiday, the Department shall consider the next business day as the time-frame's last day.

G. A person may appeal a decision according to A.R.S § 36-2234 or Title 41, Chapter 6, Article 6.

Ariz. Admin. Code § R9-25-1201

New Section adopted by final rulemaking at 7 A.A.R. 1098, effective February 13, 2001 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 2352, effective May 9, 2002 (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 5372, effective January 3, 2004 (Supp. 03-4). Amended by final rulemaking at 12 A.A.R. 656, effective April 8, 2006 (Supp. 06-1). Amended by final rulemaking at 28 A.A.R. 842, effective 6/5/2022. Amended by final rulemaking at 30 A.A.R. 581, effective 3/7/2024.