Licensing Time Frames & Exceptions - Brochure C

Brochure C
Licensing Time Frames & Exemptions
Applied in Mohave County

New Statutory language applicable to all Arizona Counties, ARS §11-1605 and ARS §11-1610 as adopted under the auspices of SB 1598, 50th Legislature, 1st Regular Session.
Web link to Arizona Revised Statutes: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=11

Licensing Time Frames, etc. (§11-1605)

A. For any new ordinance or regulation requiring a license, a county shall have in place an overall time frame during which Mohave County will either grant or deny each type of license that it issues. the overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.

B. On or before December 31, 2012, a county that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame. Counties shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.

C. In establishing time frames, counties shall consider all of the following:

  1. The complexity of the licensing subject matter.
  2. The resources of the county.
  3. The economic impact of delay on the regulated community.
  4. The impact of the licensing decision on public health and safety.
  5. The possible use of volunteers with expertise in the subject matter area.
  6. The possible increased use of general licenses for similar types of licensed businesses or facilities.
  7. The possible increased cooperation between the county and the regulated community.
  8. Increased county flexibility in structuring the licensing process and personnel including:
    (a) Adult businesses and other licenses that are related to the first amendment.
    (b) Master planned communities.
    (c) Suspension of the substantive and overall time frames for purposes including public hearings or state or federal licenses.

D. Mohave County shall issue a written or electronic notice of administrative completeness or deficiencies to you, the applicant, for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the County, each department may issue a written or electronic notice of administrative completeness or deficiencies.

E. If Mohave County determines that an application for a license is not administratively complete; the County shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to Subsection D. If the County issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the County receives the missing information from the applicant. The County may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the County, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.

F. If Mohave County does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If Mohave County issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the County.

G. During the substantive review time frame, Mohave County may make one comprehensive written or electronic request for additional information. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic request for additional information. The County and the applicant may mutually agree in writing or electronically to allow the County to submit supplemental requests for additional information. If Mohave County issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the County receives the additional information from the applicant.

H. By mutual written or electronic agreement, Mohave County and an applicant for a license may 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 twenty-five per cent of the overall time frame.

I. Unless Mohave County and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to Subsection H, Mohave County shall issue a written or electronic notice granting or denying a license to an applicant. If Mohave County denies an application for a license, the County shall include in the written or electronic notice at least the following information:

  1. Justification for the denial with references to the statutes, ordinances, regulations, substantive policy statements or delegation agreements on which the denial is based.
  2. An explanation of the applicant's right to appeal the denial. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial and the name and telephone number of a County contact person who can answer questions regarding the appeals process.

J. If Mohave County does not issue to the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed upon time frame extension, the County shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The County shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The County shall continue to process the application. Notwithstanding any other statute, the County shall make the refund from the fund in which the application fees were originally deposited.

K. This section does not apply to licenses issued within seven working days after receipt of the initial application or permit that expire within twenty-one working days after issuance.

Exemptions (§11-1610)

This article does not apply to:

  1. A county function, power or duty to the extent that they are subject to Title 49, Chapter 3, Article 3.*
  2. An ordinance, regulation or substantive policy statement that relates to only the internal management of Mohave County and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.
  3. An ordinance, regulation or substantive policy statement relating to only the physical servicing, maintenance or care of County owned or operated facilities or property.
  4. An ordinance, regulation or substantive policy statement that relates to inmates or committed youth, a correctional or detention facility under the jurisdiction of the County or a patient admitted to an institution or treatment center pursuant to court order.
  5. An ordinance, regulation or substantive policy statement relating to a County contract.

*http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=49

This website uses cookies to enhance usability and provide you with a more personal experience. By using this website, you agree to our use of cookies as explained in our Privacy Policy.