Ariz. Admin. Code § 9-18-103

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

Section R9-18-103 - Time-frames

A. Within the administrative completeness review time-frame for each type of approval in Table 1.1, the Department shall:

1. Issue:

a. A marijuana facility agent license;

b. An initial marijuana establishment license;

c. Renewal of a marijuana establishment license;

d. An approval to operate a marijuana establishment;

e. An approval to change the location of a marijuana establishment's retail site;

f. An approval to add or change the location of a marijuana establishment's cultivation site or manufacturing site;

g. An approval to change the activities that a licensee may do at the marijuana establishment's retail site, cultivation site, or manufacturing site;

h. An initial marijuana testing facility license;

i. Renewal of a marijuana testing facility license;

j. An approval for testing; or

k. An approval to add a parameter;

2. Provide a notice of administrative completeness to an applicant; or

3. Provide a notice of deficiencies to an applicant, including a list of the information or documents needed to complete the application.

B. An application for approval to operate a marijuana establishment is not complete until the date the applicant states on a written notice provided to the Department according to R9-18-304 that the marijuana establishment is ready for an inspection by the Department.

C. An application for approval to make a change to a marijuana establishment license is not complete until the date the applicant states on a written notice provided to the Department according to R9-18-306 that the marijuana establishment is ready for an inspection by the Department.

D. A marijuana testing facility's application for approval for testing or to add a parameter is not complete until the date the applicant states on a written notice provided to the Department according to R9-18-403 or R9-18-411, as applicable, that the marijuana testing facility is ready for an inspection by the Department.

E. If the Department provides a notice of deficiencies to an applicant:

1. The administrative completeness review time-frame and the overall time-frame are suspended from the date of the notice of deficiencies until the date the Department receives the missing information or documents from the applicant, and

2. The Department shall consider the application withdrawn if the applicant does not submit the missing information or documents to the Department within the time-frame in Table 1.1.

F. Within the substantive review time-frame for each type of approval in Table 1.1, the Department:

1. According to subsection (H), shall issue or deny:

a. A marijuana facility agent license, marijuana establishment license renewal, or marijuana testing facility license; or

b. Approval to operate a marijuana establishment, approval to make a change to the marijuana establishment license, approval for testing, or approval to add a parameter;

2. Shall notify an applicant for an initial marijuana establishment license according to subsection (H)(3)(b)(i) or (4), as applicable;

3. May complete an inspection that may require more than one visit to a marijuana establishment;

4. May complete an inspection that may require more than one visit to a marijuana testing facility; and

5. May make one written comprehensive request for more information, unless the Department and the applicant agree in writing to allow the Department to submit supplemental requests for information.

G. If the Department issues a written comprehensive request or a supplemental request for information:

1. The substantive review time-frame and the overall time-frame are suspended from the date of the written comprehensive request or the supplemental request for information until the date the Department receives all of the information requested, and

2. The applicant shall submit to the Department all of the information and documents listed in the written comprehensive request or supplemental request for information within the time-frame in Table 1.1.

H. The Department shall issue:

1. The following, as applicable, if the Department determines that the applicant complies with A.R.S. Title 36, Chapter 28.2, and this Chapter:

a. A marijuana facility agent license;

b. Renewal of a marijuana establishment license;

c. An approval to operate a marijuana establishment;

d. An approval to change the location of a marijuana establishment's retail site;

e. An approval to add or change the location of a marijuana establishment's cultivation site or manufacturing site;

f. An approval to change an activity that a licensee may do at the marijuana establishment's retail site, cultivation site, or manufacturing site;

g. An initial marijuana testing facility license;

h. Renewal of a marijuana testing facility license;

i. An approval for testing; or

j. An approval to add a parameter;

2. For an applicant for a marijuana facility agent license, a denial that includes the reason for the denial and the process for requesting review if:

a. The Department determines that the applicant does not comply with A.R.S. Title 36, Chapter 28.2, or this Chapter; or

b. The applicant does not submit all of the information and documents listed in the written comprehensive request or supplemental request for information within the time-frame in Table 1.1 after the date of the comprehensive written request or supplemental request for information;

3. For an applicant for an initial marijuana establishment license, if the Department determines that the marijuana establishment license application complies with A.R.S. Title 36, Chapter 28.2, and this Chapter:

a. A marijuana establishment license, if not all available marijuana establishment licenses have been allocated according to the criteria and processes in R9-18-302; or

b. Written notice that:

i. The marijuana establishment license application complies with A.R.S. Title 36, Chapter 28.2, and this Chapter;

ii. The applicant was not allocated a marijuana establishment license according to the criteria and processes in R9-18-302 because all available marijuana establishment licenses have been allocated according to the criteria and processes in R9-18-302; and

iii. The written notice is not a denial and is not considered a final decision of the Department subject to administrative review; or

4. For an applicant for a marijuana establishment license, an approval to operate, an approval to change the location of a marijuana establishment's retail site, an approval to add or change the location of a marijuana establishment's cultivation site or manufacturing site, an approval to change an activity, a marijuana testing facility license, an approval for testing, or an approval to add a parameter, a denial that includes the reason for the denial and the process for administrative review if:

a. The Department determines that the applicant does not comply with A.R.S. Title 36, Chapter 28.2, or this Chapter; or

b. The applicant does not submit all of the information and documents listed in the written comprehensive request or supplemental request for information within the time-frame in Table 1.1 after the date of the comprehensive written request or supplemental request for information.

Ariz. Admin. Code § R9-18-103

Adopted effective April 22, 1988 (Supp. 88-2). Amended by final rulemaking at 12 A.A.R. 3715, effective November 11, 2006 (Supp. 06-3). Amended by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Adopted by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by exempt rulemaking at 27 A.A.R. 696, effective 5/1/2021. Amended by exempt rulemaking at 28 A.A.R. 2481, effective 9/8/2022. Amended by exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023.