Ariz. Admin. Code § 9-12-105

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

Section R9-12-105 - Changes Affecting a License

A. A licensee shall notify the Department in writing at least 30 calendar days before the effective date of:

1. Termination of operation of the sober living home, including the proposed termination date;

2. A change in the individual or business organization controlling the sober living home, including the name, address, telephone number, and e-mail address of the individual or business organization proposing to assume control of the sober living home;

3. A change in the address of the sober living home, including the new address for the sober living home;

4. A change in the name of the sober living home, including the new name of the sober living home;

5. If the licensee is an individual, a legal change of the licensee's name, including the new name of the licensee; or

6. A proposed change in the maximum number of residents in the sober living home or construction or modification of the facility, including:

a. A floor plan for the sober living home showing:

i. If applicable, the areas in which construction or modification of the facility will occur;

ii. The location and size of each resident bedroom; and

iii. The location of each openable window or door from a resident bedroom;

b. For a proposed change in the maximum number of residents in the sober living home:

i. The proposed new maximum number of residents in the sober living home; and

ii. If the proposed new maximum number of residents in the sober living home is larger than the current maximum number of residents, a fee of $100 times the difference between the current maximum number of residents and the new maximum number of residents; and

c. For construction or modification of the facility, an attestation that the construction or modification will be in compliance with local zoning ordinances, building codes, and fire codes.

B. A licensee shall notify the Department in writing no more than 30 calendar days after the effective date of:

1. A change in the name or contact information of an individual acting on behalf of the licensee according to R9-12-102, including the name and contact information of the new individual acting on behalf of the licensee;

2. A change in the licensee's e-mail address, including the new e-mail address; or

3. A change in the manager of the sober living home, including the name, telephone number, and e-mail address of the new manager.

C. If the Department receives the notification of termination of operation in subsection (A)(1), the Department shall void the licensee's license to operate a sober living home as of the termination date specified by the licensee.

D. If the Department receives the notification in subsection (A)(2) of a change in the individual or business organization controlling the sober living home, the Department shall void the licensee's license to operate a sober living home upon issuance of a new license to operate a sober living home.

E. If the Department receives the notification in subsection (A)(3) of a change in the address of the sober living home, the Department shall review, according to R9-12-106, the licensee's application for a new license, submitted consistent with R9-12-103.

F. If the Department receives the notification of a change in the name of the sober living home in subsection (A)(4) or of the licensee in subsection (A)(5), the Department shall issue to the licensee an amended license that incorporates the change but retains the expiration date of the existing license.

G. If the Department receives the notification in subsection (A)(6) of a proposed change in the maximum number of residents in the sober living home or of construction or modification of the facility, the Department:

1. May conduct an inspection of the premises as allowed by A.R.S. § 36-2063; and

2. Shall issue to the licensee an amended license that incorporates the change but retains the expiration date of the existing license if the sober living home is in compliance with A.R.S. Title 36, Chapter 18, Article 4 and this Chapter.

H. An individual or business organization planning to assume operation of an existing sober living home shall obtain a new license, as required in A.R.S. § 36-2062(E), before beginning operation of the sober living home.

Ariz. Admin. Code § R9-12-105

Adopted effective August 25, 1975 (Supp. 75-1). Section repealed by summary rulemaking at 8 A.A.R. 481, with an interim effective date of February 1, 2002 (Supp. 02-1). Interim effective date of February 1, 2002 is incorrect; interim effective date of June 14, 2002 became the permanent effective date at 8 A.A.R. 4690, effective December 17, 2002 (Supp. 02-4). Adopted by final rulemaking at 25 A.A.R. 1419, effective 7/1/2019.