Ariz. Admin. Code § 9-9A-109

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

Section R9-9A-109 - Time-frames

A. The overall time-frame, as defined in A.R.S. § 41-1072, for a license granted by the Department under this Subchapter is set forth in Table 1.1. The applicant or licensee and the Department may agree in writing to extend the substantive review time-frame, as defined in A.R.S. § 41-1072, and the overall time-frame. An extension of the substantive review time-frame and the overall time-frame may not exceed 25% of the overall time-frame.

B. The administrative completeness review time-frame, as defined in A.R.S. § 41-1072, for a license granted by the Department under this Subchapter is set forth in Table 1.1 and begins on the date that the Department receives an application from an applicant or a licensee.

1. The Department shall send a notice of administrative completeness or deficiencies to the applicant or licensee within the administrative completeness review time-frame:

a. A notice of deficiencies shall list each deficiency and the information or items needed to complete the application;

b. The administrative completeness review time-frame and the overall time-frame are suspended from the date that the notice of deficiencies is sent until the date that the Department receives all of the missing information or items from the applicant or licensee; and

c. If an applicant or a licensee fails to submit to the Department all of the information or items listed in the notice of deficiencies within the time-frame in Table 1.1 after the date that the Department sent the notice of deficiencies or within a time period the applicant or licensee and the Department agree upon in writing, the Department shall:

i. Consider the application withdrawn, and

ii. Send to the applicant or licensee a written notice setting forth the information required by A.R.S. § 41-1092.03.

2. If the Department issues a license during the administrative completeness review time-frame, the Department shall not issue a separate written notice of administrative completeness.

C. The substantive review time-frame is set forth in Table 1.1 and begins on the date of the notice of administrative completeness.

1. As part of the substantive review of an application for a license, the Department may conduct an inspection that may require more than one visit to complete.

2. The Department shall issue a license or send a written notice of denial of a license within the substantive review time-frame.

3. During the substantive review time-frame, the Department may make one comprehensive written request for additional information, unless the applicant or licensee has agreed in writing to allow the Department to submit supplemental requests for information:

a. The Department shall send a comprehensive written request for additional information that includes a written statement of deficiencies, stating each statute and rule upon which noncompliance is based, if the Department determines that an applicant or a licensee, or the procurement organization, including the premises, are not in substantial compliance with A.R.S. Title 36, Chapter 7, Article 3, or this Subchapter;

b. An applicant or a licensee shall submit to the Department all of the information requested in a comprehensive written request for additional information or a supplemental request for information, including, if applicable, documentation of the corrections required in a statement of deficiencies, within the time-frame in Table 1.1 after the date of the comprehensive written request for additional information or the supplemental request for information or within a time period the applicant or licensee and the Department agree upon in writing;

c. The substantive review time-frame and the overall time-frame are suspended from the date that the Department sends a comprehensive written request for additional information or a supplemental request for information until the date that the Department receives all of the information requested, including, if applicable, documentation of corrections required in a statement of deficiencies; and

d. If an applicant or a licensee fails to submit to the Department all of the information requested in a comprehensive written request for additional information or a supplemental request for information, including, if applicable, documentation of corrections required in a statement of deficiencies, within the time-frame in Table 1.1, the Department shall:

i. Deny the license, and

ii. Send to the applicant or licensee a written notice of denial setting forth the reasons for denial and all other information required by A.R.S. §§ 41-1076 and 41-1092.03.

4. The Department shall issue a license if the Department determines that the applicant or licensee and the procurement organization, including the premises, are in substantial compliance with A.R.S. Title 36, Chapter 7, Article 3, and this Subchapter.

Ariz. Admin. Code § R9-9A-109

New Section made by final expedited rulemaking at 30 A.A.R. 3658, effective 11/5/2024.