Current through Register Vol. 30, No. 38, September 20, 2024
A. To request a Board approval required by
this Chapter or a special request to deviate from or waive compliance with a
requirement of this Chapter, a person shall send a letter by regular mail,
e-mail, or facsimile to the Board office, detailing the nature of the approval
or special request, including the applicable Arizona Revised Statute or
administrative code citation. This Section does not apply to a request from a
person regarding the probation, suspension, or revocation of a license or
permit.
B. The Board office shall
complete an administrative completeness review within 15 days from the date of
receipt of a written request and immediately open a request file for the
applicant.
1. The Board office shall issue a
written notice of administrative completeness to the applicant if no
deficiencies are found in the request.
2. If the request is incomplete, the Board
office shall provide the applicant with a written notice that includes a
comprehensive list of the missing information. The 15-day time-frame for the
Board office to finish the administrative completeness review is suspended from
the date the notice of incompleteness is served until the applicant provides
the Board office with all missing information.
3. If the Board office does not provide the
applicant with notice regarding administrative completeness, the request is
deemed complete 15 days after receipt by the Board office.
C. An applicant with an incomplete request
shall submit all of the missing information within 30 days of service of the
notice of incompleteness.
1. If an applicant
cannot submit all missing information within 30 days of service of the notice
of incompleteness, the applicant may send a written request for an extension to
the Board office post-marked or delivered no later than 30 days from service of
the notice of incompleteness.
2.
The written request for an extension shall document the reasons the applicant
cannot meet the 30-day deadline.
3.
The Board office shall review the request for an extension of the 30-day
deadline and grant the request if the Board office determines that an extension
of the deadline will enable the applicant to assemble and submit the missing
information. An extension shall be for no more than 30 days. The Board office
shall notify the applicant in writing of its decision to grant or deny the
request for an extension. An applicant who requires an additional extension
shall submit an additional written request according to subsections (C)(1) and
(C)(2).
D. If an
applicant fails to submit a complete request within the time allowed, the Board
office shall close the applicant's request file. An applicant whose request
file is closed and who later wishes to obtain an approval or special request
shall apply again according to subsection (A).
E. From the date on which the administrative
completeness review of a request is finished, the Board shall complete a
substantive review of the applicant's request in no more than 120 days.
1. The Board shall:
a. Approve the request,
b. Deny the request, or
c. If the Board determines deficiencies
exist, request that the applicant produce additional documentation.
2. If the Board approves or
denies, the Board office shall issue a written approval or denial.
3. If the Board finds deficiencies during the
substantive review of a request, the Board office shall issue a written request
to the applicant for additional documentation.
4. The 120-day time-frame for a substantive
review of a request for approval or special request is suspended from the date
of a written request for additional documentation until the date of the next
Board meeting after all documentation is received. The applicant shall submit
the additional documentation according to subsection (C).
5. If the applicant and the Board office
mutually agree in writing, the 120-day substantive review time-frame may be
extended once for no more than 30 days.
F. If the applicant fails to submit the
additional information requested within the time allowed, the Board office
shall close the applicant's request file. An applicant whose request file is
closed and who later wishes to obtain an approval or special request shall
apply again according to subsection (A).
G. For the purpose of A.R.S. §
41-1072 et
seq., the Board establishes the following time-frames for a Board approval
required by this Chapter or a special request to deviate from or waive
compliance with a requirement of this Chapter:
1. Administrative completeness review
time-frame: 15 days;
2. Substantive
review time-frame: 120 days; and
3.
Overall time-frame: 135 days.
