Current through Register Vol. 30, No. 38, September 20, 2024
A. The overall
time-frame for a license granted by the Department under this Chapter 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 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 for a license granted by the Department under this Chapter is set
forth in Table 1.1 and begins on the date that the Department receives an
application packet.
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.
c. If an applicant or
licensee fails to submit to the Department all of the information or items
listed in the notice of deficiencies within 120 calendar days 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shall consider the application withdrawn.
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 according to A.R.S. §
36-2063
that may require more than one visit to complete.
2. The Department shall send a license or 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
licensee, a sober living home, or the premises are not in substantial
compliance with A.R.S. Title 36, Chapter 18, Article 4 or this
Chapter.
b. An applicant or
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 30 calendar days
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.
d. If an applicant or 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 prescribed in subsection
(C)(3)(b), the Department shall deny the application.
4. The Department shall issue a license if
the Department determines that the applicant or licensee and the sober living
home, including the premises, are in substantial compliance with A.R.S. Title
36, Chapter 18, Article 4, and this Chapter.
5. If the Department denies a license, the
Department shall 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.