Ariz. Admin. Code § 4-39-102

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

Section R4-39-102 - Licenses Issued and Licensing Time Frames

A. A license from the Board issued to a private degree-granting institution authorizes the institution to operate and grant degrees.

B. A license from the Board issued to a private vocational institution authorizes the institution to operate and offer a vocational program.

C. If a private degree-granting or private vocational institution is accredited, the Board shall issue a regular license to the institution if the institution meets the standards in R4-39-103.

D. If a private degree-granting or private vocational institution is non-accredited, the Board shall issue a conditional license to the institution if the institution meets the standards in R4-39-104 or R4-39-106, as applicable. The institution may operate under a conditional license for only one year.

1. At the end of one year, the conditional license of a non-accredited, private, vocational institution becomes, upon approval by the Board, a regular license if the institution meets the standards in R4-39-105.

2. At the end of one year, the conditional license of a non-accredited, private, degree-granting institution becomes, upon approval by the Board, a provisional license if the institution meets the standards in R4-39-107.

E. A non-accredited, private, degree-granting institution may continue to operate with a provisional license if the institution continues to meet the standards in R4-39-107.

F. All licenses issued by the Board are effective for 12 months from the date of issuance. To continue to operate a private vocational institution or private degree-granting institution, a licensee shall annually renew the license under R4-39-105 or R4-39-107, as applicable.

G. For the purpose of A.R.S. § 41-1073, the Board establishes the following licensing time frames:

1. For a conditional or regular license application to operate a vocational institution or a regular license application to operate a degree-granting institution:

a. Administrative completeness review time frame: 135 days;

b. Substantive review time frame: 45 days;

c. Overall time frame: 180 days.

2. For a conditional or provisional license application to operate a degree-granting institution:

a. Administrative completeness review time frame: 150 days;

b. Substantive review time frame: 90 days;

c. Overall time frame: 240 days.

3. For a license renewal application to continue to operate a vocational or degree-granting institution or for a supplemental license application:

a. Administrative completeness review time frame: 60 days;

b. Substantive review time frame: 45 days;

c. Overall time frame: 105 days.

H. Within the time specified in subsection (G), the Board shall finish an administrative completeness review.

1. If the application is complete, the Board shall notify the applicant that the application is complete and that the administrative completeness review is finished. The substantive review will begin on the date the notice is served.

2. If the application is incomplete, the Board shall send the applicant a notice that specifies what information is missing and other deficiencies found in the application. The administrative completeness review time frame is suspended from the date the notice is served until the applicant provides the Board with the missing information and corrects all deficiencies.

a. An applicant with an incomplete application shall submit the missing information and correct the deficiencies within 60 days after receiving the notice.

b. If the applicant cannot comply with the 60-day deadline in subsection (H)(2)(a), the applicant may request an extension of no more than 30 days by submitting a written request to the Board that documents the reasons the applicant is unable to meet the 60-day deadline and is postmarked or delivered before the deadline specified in subsection (H)(2)(a).

c. The Board shall grant the request for an extension of the 60-day deadline if the Board determines that the extension will enable the applicant to submit all missing information and correct all deficiencies. The Board shall grant only one extension of the 60-day deadline specified in subsection (H)(2)(a).

d. If the applicant responds to the notice provided under subsection (H)(2) by providing some of the missing information and correcting some of deficiencies but the Board determines the application is still incomplete, the Board shall send the applicant a second notice that specifies what information is missing and other deficiencies found in the application and provide the applicant with 60 days in which to complete the application. The Board shall not grant an extension of the 60-day deadline provided with a second deficiency notice.

e. If the applicant fails to submit all missing information or correct all deficiencies within the 60-day deadline provided under subsection (H)(2)(d), the Board shall close the application. An applicant whose application is closed and later wishes to be licensed shall submit a new application and pay the fee required under R4-39-201.

f. When the Board receives the missing information and the deficiencies are corrected, the Board shall notify the applicant that the administrative completeness review is finished. The substantive review will begin on the date the notice is served.

I. Within the time specified in subsection (G), the Board shall complete a substantive review of the application, which may include onsite verification.

1. If the Board finds deficiencies during the substantive review of the application, the Board shall issue a comprehensive written request for additional information and the deadline for submitting the additional information. The time frame for substantive review of an application is suspended from the date the comprehensive written request for additional information is served until the information is received.

2. When the applicant and Board agree in writing, the Board may make supplemental requests for information.

3. When the applicant and Board agree in writing, the Board shall grant extensions of the substantive review time frame consistent with A.R.S. § 41-1075(B).

4. If the applicant fails to submit the additional information by the deadline , the Board shall close the application. An applicant whose application is closed and who later wishes to be licensed, shall submit a new application.

J. At the end of the substantive review, the Board shall decide whether to grant a license to the applicant.

1. If the Board finds that the applicant meets all requirements defined in statute and rule, the Board shall grant a license.

2. If the Board finds that the applicant fails to meet all requirements defined in statute and rule, the Board shall deny a license.

3. If the Board denies a license, the Board shall send the applicant a notice of denial that specifies why a license was denied and describes the applicant's right to request a hearing regarding the denial.

Ariz. Admin. Code § R4-39-102

Adopted effective June 27, 1985 (Supp. 85-3). Amended effective November 14, 1997 (Supp. 97-4). Amended by final rulemaking at 22 A.A.R. 921, effective 6/4/2016.