Ariz. Admin. Code § 18-1-205

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-1-205 - Notice of Intent to Rely on License Application Components As Submitted

A. If the Department submits to a license applicant a notice that the application is missing required components, is substantively deficient, or is otherwise deficient, or submits to a license applicant a request for additional information to enable the Department to reach a decision to grant the license, then the Department shall include a brief explanation of the basis of or reason for the notice or request.

B. If a license applicant receives a notice from the Department that the application is lacking application components, is substantively deficient, or is otherwise deficient, or receives from the Department a request for additional information, the applicant, in lieu of submitting some or all of the components or information identified by the Department, may submit to the Department a written notice of intent to rely on the application components as submitted. The applicant shall submit the notice of intent to rely on the application components as submitted within the time specified in the Department's notice of deficiencies or request for additional information. If the Department's notice of deficiencies or request for additional information does not specify a time, then the applicant shall submit the notice of intent to rely on the application components as submitted within 60 days after the mailing date of the Department's notice of deficiencies or request for additional information.

C. A notice of intent to rely on the application components as submitted shall include the following:

1. Name of the applicant.

2. License application number or other identification.

3. Date of the Department notice or request in question.

4. Identification of the application component or components objected to with reasons for the objection or objections.

5. A statement that the applicant intends to rely on the application components as submitted as the basis upon which the Department may determine whether to grant or deny the license.

D. A license applicant may submit additional license application components or other information at the same time the applicant submits a notice of intent to rely on the application components as submitted.

E. The Department, after receiving a notice of intent to rely on the license application components as submitted, shall do one of the following:

1. Rescind its request for the application component or components objected to in the notice.

2. Modify its request for the application component or components objected to in the notice.

3. Grant the license unconditionally, meaning that the Department did not add conditions not requested by the applicant.

4. Grant the license with conditions, meaning that the Department added conditions not requested by the applicant.

5. Deny the license.

F. To the extent that a licensing provision of the Arizona Revised Statutes requires different treatment of licensing notifications of application deficiencies or licensing requests for additional information, this Section does not apply.

Ariz. Admin. Code § R18-1-205

Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).