Current through Register Vol. 30, No. 38, September 20, 2024
A. In this Section:
1. "Administrative completeness" or
"administratively complete" means Board receipt of all application components
required by statute or rule and necessary to begin the substantive review
time-frame.
2. "Application packet"
means an application form provided by the Board and the documentation necessary
to establish an applicant's qualifications for licensure, certification, or
approval.
3. "Comprehensive written
request for additional information" means written communication after the
administrative completeness time-frame by the Board to an applicant in person
or at the address of record or electronic address identified on the application
notifying the applicant that additional information, including missing
documents is needed before the Board can grant the license. The written
communication shall:
a. Contain a list of
information required by statute or rule and necessary to complete the
application or grant the license, and
b. Inform the applicant that the request
suspends the running of days within the time-frame, and
c. Be effective on the date of issuance which
is:
i. The date of its postmark, if
mailed;
ii. The date of delivery,
if delivered in person by a Board employee or agent; or
iii. The date of delivery to the electronic
address if delivered electronically.
4. "Deficiency notice" means written
communication by the Board to an applicant in person or at the address of
record or electronic address identified on the application notifying the
applicant that additional information, including missing documents, is needed
to complete the application. The written communication shall:
a. Contain a list of information required by
statute or rule and necessary to complete the application or grant the
license;
b. Inform the applicant
that the request suspends the running of days within the time-frame;
and
c. Be effective on the date of
issuance which is:
i. The date of its
postmark, if mailed;
ii. The date
of delivery, if delivered in person by a Board employee or agent; or
iii. The date of delivery to the electronic
address if delivered electronically.
5. "Notice of administrative completeness"
means written communication by the Board to an applicant in person or at the
address of record or electronic address identified on the application notifying
the applicant the application contains all information required by statute or
rule to complete the application.
6. "Overall time-frame" has the same meaning
as A.R.S. §
41-1072(2).
7. "Substantive review time-frame" has the
same meaning as A.R.S. §
41-1072(3).
B. In computing the time-frames in this
Section, the day of the act or event from which the designated period begins to
run is not included. The last day of the period is included unless it is a
Saturday, Sunday, or official state holiday, in which event the period runs
until the end of the next day that is not a Saturday, Sunday, or official state
holiday.
C. For each type of
licensure, certification, or approval issued by the Board, the overall
time-frame described in A.R.S. §
41-1072(2)
is listed in Table 1. An applicant may
submit a written request to the Board for an extension of time in which to
provide a complete application. The request for an extension of time shall be
submitted to the Board office before the deadline for submission of a complete
application and shall state the reason that the applicant is unable to comply
with the time-frame requirements in Table 1 and the amount of additional time
requested. The Board may grant an extension of time based on whether the
Executive Director of the Board finds that the applicant is unable to comply
within the time-frame due to circumstances beyond the applicant's control and
that the additional information can reasonably be supplied during the extension
of time.
D. For each type of
licensure, certification, or approval issued by the Board, the administrative
completeness review time-frame described in A.R.S. §
41-1072(1)
is listed in Table 1 and begins to run when
the Board receives an application packet.
1.
If the application packet is not administratively complete, the Board shall
send a deficiency notice to the applicant. The time for the applicant to
respond to a deficiency notice begins to run on the date the deficiency notice
is issued.
a. The deficiency notice shall
list each deficiency.
b. The
applicant shall submit to the Board the missing information listed in the
deficiency notice within the period specified in Table 1 for responding to a
deficiency notice. The time-frame for the Board to complete the administrative
review is suspended until the Board receives the missing information.
c. If an applicant fails to provide the
missing information listed in the deficiency notice within the period specified
in Table 1, the Board shall close the applicant's file and send a notice to the
applicant by U.S. mail and electronically, if an electronic address is included
in the application.
d. If the
applicant is the subject of an investigation, the Board may continue to process
the application. Failure of the applicant to supply the requested information
may result in denial of the license or certificate based on information
gathered during the investigation.
2. If the application packet is
administratively complete, the Board shall send a written notice of
administrative completeness to the applicant.
3. If the Board issues a license,
certificate, or approval during the administrative completeness review
time-frame, the Board shall not send a separate written notice of
administrative completeness.
E. For each type of licensure, certification,
or approval issued by the Board, the substantive review time-frame described in
A.R.S. §
41-1072(3)
is listed in Table 1 and begins to run on
the date the notice of administrative completeness is issued.
1. During the substantive review time-frame,
an applicant may make a request to withdraw an application packet. The Board
may deny the request to withdraw an application packet if the applicant is the
subject of an investigation, based on information gathered during the
investigation.
2. If an applicant
discloses or the Board receives allegations of unprofessional conduct as
described in A.R.S. §
32-1601 or
this Chapter, the Board shall review the allegations and may investigate the
applicant. The Board may require the applicant to provide additional
information as prescribed in subsection (E)(3) based on its assessment of
whether the conduct is or might be harmful or dangerous to the health of a
client or the public.
3. During the
substantive review time-frame, the Board may make one comprehensive written
request for additional information. The applicant shall submit the additional
information within the period specified in Table 1. The time-frame for the
Board to complete the substantive review of the application packet is suspended
from the date the comprehensive written request for additional information is
issued until the Board receives the additional information.
4. If the applicant fails to provide the
additional information identified in the comprehensive written request for
additional information within the time specified in Table 1, the Board shall
close the applicant's file and send a notice to the applicant by U.S. mail and
electronically, if an electronic address is included in the application. The
Board may continue to process the application if the applicant is the subject
of an investigation. Failure of the applicant to supply the requested
information may result in denial of the license or certificate based on
information gathered during the investigation.
5. The Board shall grant licensure,
conditional licensure, limited licensure, certification, or approval to an
applicant:
a. Who meets the substantive
criteria for licensure, certification, or approval required by A.R.S. Title 32,
Chapter 15 and this Chapter; and
b.
Whose licensure, certification, or approval is in the best interest of the
public.
6. The Board
shall deny licensure, certification, or approval to an applicant:
a. Who fails to meet the substantive criteria
for licensure, certification, or approval required by A.R.S. Title 32, Chapter
15 and this Chapter; or
b. Who has
engaged in unprofessional conduct as described in A.R.S. §
32-1601 or
this Chapter; and
c. Whose
licensure, certification, or approval is not in the best interest of the
public.
7. The Board's
written order of denial shall meet the requirements of A.R.S. §
41-1076.
The applicant may request a hearing by filing a written request with the Board
within 30 days of receipt of the Board's order of denial. The Board shall
conduct hearings in accordance with A.R.S. Title 41, Chapter 6, Article 10 and
4 A.A.C. 19, Article 6.
