Ariz. Admin. Code § 18-1-523

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

Section R18-1-523 - Refunds, Fee Excusals, and Penalties

A. An application is subject to sanctions under A.R.S. § 41-1077 only if the application is governed by this Article and requires a fee that is deposited in a Department fund. In addition, an application is subject to penalties under A.R.S. § 41-1077(B) only if it is subject to a substantive review time-frame as indicated on the license tables. An application withdrawn before the expiration of the overall time-frame is not subject to sanctions.

B. The Department shall make a refund and fee excusal to an applicant for an application if the Department determines both of the following:

1. The overall time-frame for that application expired prior to Department notification of a licensing decision under R18-1-507(A).

2. The applicant is the prospective licensee of the application.

C. The Department shall issue a refund and make a fee excusal within 15 days after the Department makes a determination that a refund and fee excusal is due.

D. A refund and fee excusal is limited to the specific application giving rise to the refund and fee excusal and does not include a refund or payment excusal for services requested by the applicant beyond the scope of the application. A refund is limited to the amount actually received from the applicant by the Department for the review of the specific application giving rise to the refund and does not include interest.

E. The Department shall pay to the state general fund a penalty for an application if the Department determines both of the following:

1. The overall time-frame for that application expired prior to Department notification of a licensing decision under R18-1-507(A)

2. On the last calendar day of the month, the Department still has not made a licensing decision under R18-1-507(A).

F. If an application accumulates excused fees, the Department shall calculate the penalty each month to include both the penalty due for the current month plus any additional penalties now due for previous months resulting from the continued accumulation of excused fees during the current month.

Ariz. Admin. Code § R18-1-523

New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).