Ariz. Admin. Code § 21-7-110

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

Section R21-7-110 - Licensing Decision

A. The Department shall issue a written licensing decision within the time-frames listed in R21-7-109.

B. The Department shall issue a license if the Department determines that an applicant or licensee is in full compliance with all applicable licensing requirements in this Chapter.

C. The Department may issue a provisional license as described in R21-7-111 if the applicant is in substantial compliance with non-safety licensing requirements.

D. The Department may issue a license if the licensee is in substantial compliance based on information available during an investigation.

E. The Department shall notify the Agency of the licensing decision.

F. The Department may restrict or limit the license, including the capacity, age, or gender of children that may be placed in residential group care facility.

G. The Department may renew an Agency license for a facility in the same location as the Agency, but deny renewal of an operating certificate for one or more facilities in separate locations.

H. If the Department denies a license based on noncompliance to correct deficiencies an applicant or group of applicants, made up of one or more of the same persons, shall not re-apply for 180 calendar days after receipt of a licensing denial notice. Upon reapplication:

1. The applicant or group of applicants shall provide evidence to the Department that the applicant has corrected the deficiencies identified in the denial notice.

2. The Department shall deny any reapplication without further evaluation if the applicant or group of applicants has not provided evidence that the Agency has corrected the deficiencies.

3. An applicant or group of applicants shall not reapply for another 180 calendar days after each subsequent denial based on its noncompliance to correct deficiencies identified during the licensing process.

I. The Department may deny the application if the applicant fails to demonstrate the need for the services. If the Department denies an applicant solely based on a lack of demonstrated need for a Child Welfare Agency, the Department's denial shall not negatively impact any future application the applicant submits for Child Welfare Agency licensure.

J. A Child Welfare Agency is limited to the capacity, age, gender, and other conditions or restrictions specified on the license and operating certificate.

Ariz. Admin. Code § R21-7-110

New Section made by final rulemaking at 29 A.A.R. 2231, effective 11/6/2023.