Arizona Administrative Code
Title 3 - AGRICULTURE
Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY
Article 1 - SAMPLING AND LABORATORY CERTIFICATION
Section R3-5-112 - Licensing Time-frames

Universal Citation: AZ Admin Code R 3-5-112

Current through Register Vol. 30, No. 38, September 20, 2024

A. Overall time-frame. The Department shall issue or deny a laboratory certification within the overall time-frames listed in Table 1 after receipt of an application. The overall time-frame is the total of the number of days provided for the administrative completeness review and the substantive review.

B. Administrative completeness review.

1. The applicable administrative completeness review time-frame established in Table 1 begins on the date the Department receives an application. The Department shall notify the applicant in writing within the administrative completeness review time-frame whether the application is incomplete. The notice shall specify the information that is missing. If the Department does not provide notice to the applicant within the administrative completeness review time-frame, the application is complete.

2. An applicant with an incomplete certification application shall supply the missing information within the completion request period established in Table 1. The administrative completeness review time-frame is suspended from the date that the Department mails the notice of missing information to the applicant until the date that the Department receives the information.

3. If the applicant fails to submit the missing information before expiration of the completion request period, the Department shall close the file, unless the applicant requests an extension. An applicant whose file has been closed may obtain laboratory certification by submitting a new application.

4. If an applicant requests laboratory certification of a new service, the Department shall add 90 days to the administrative completeness review time-frame to provide time for establishing a protocol for granting certification.

C. Substantive review. The substantive review time-frame established in Table 1 begins on the date that the application is administratively complete.

1. On-site survey.
a. Within 30 days after receipt of a complete application, the SAL shall schedule an on-site survey of an applicant's laboratory facilities.

b. The Assistant Director may waive the on-site survey for a renewal applicant if the renewal applicant is in compliance with the other provisions of this Article.

2. If the Department makes a comprehensive written request for additional information, the applicant shall submit the additional information identified by the request within the additional information period provided in Table 1. The substantive review time-frame is suspended from the date that the Department mails the request until the information is received by the Department. If the applicant fails to provide the information identified in the written request within the additional information period, the Department shall deny the certification.

3. If laboratory certification is denied, the Department shall send the applicant written notice explaining:
a. The reason for the denial with citations to supporting statutes or rules;

b. The applicant's right to appeal the denial;

c. The period for appealing the denial; and

d. The name and telephone number of a Department contact person who can answer questions regarding the appeals process.

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