Ariz. Admin. Code § 8-3-103

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

Section R8-3-103 - Administrative Review

A. The Department shall perform an administrative review to determine whether an application is complete and complies with the requirements in this Article within 45 days after the application deadline.

B. If the Department determines that an application is incomplete or does not comply with the requirements of this Article, the Department shall return the application to the applicant with a written notice of deficiencies that includes:

1. One original and four legible copies of the completed application form;

2. Supporting application documentation (one original and four copies);

3. The name of contact person, and the contact person's title, telephone and fax number and if possible an email address;

4. A legal description of the property;

5. Statements regarding the property the owner is offering for sale;

6. A map of the real property showing its relation to the specified military installation;

7. The date the property was acquired by the current owners;

8. The property owner's statement of legal ownership;

9. A list of all recorded/unrecorded encumbrances, liens, mortgages or easements;

10. A statement disclosing a phase one environmental inspection and the condition on the property;

11. Narrative regarding the applicant's eligibility to apply for the MIF award under the criteria specified in the applicant;

12. A description of the property owner's inability to use or limitation of use of the property;

13. The amount of funds requested, and the source of any supplemental funding available;

14. A description of measures taken by the applicant to mitigate the impact of the military installation on the property;

15. Documents from the military installation, city, town, county or other entity or individuals that support or oppose the proposed land acquisition.

16. The applicant's signature shall be notarized on the original application.

C. An applicant whose application is returned with a written notice of deficiencies shall correct the deficiencies and resubmit the application within 15 days from the date on the notice of deficiencies.

D. If an applicant whose application is returned with a written notice of deficiencies fails to correct the deficiencies and resubmit the application within the time provided under subsection (C), the Department shall close the file on the application unless the Department determines that it is in the best interest of the state to provide additional time for the applicant to submit a complete application.

E. Except as provided in subsection (D), the Department shall complete the administrative review of an application within 60 days after the application deadline.

F. The applicant is required to submit information changes within 15 days of a change in application facts.

G. If any information in an application changes before monies are expended, the Department shall evaluate the changed information and decide whether it is possible to proceed with the application as amended or a new application is required.

Ariz. Admin. Code § R8-3-103

Adopted effective January 29, 1982 (Supp. 82-1). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-503 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).