Licensing Time Frames & Exemption – Brochure C

Brochure C

Licensing Time Frames & Exemptions

Applied in Mohave County

New Statutory language applicable to all Arizona Counties, ARS §48-3645 Licensing Time Frames and ARS §48-3650 Exemptions as adopted under the auspices of SB 1598, 50th Legislature, 1st Regular Session.

Web link to Arizona Revised Statutes

Licensing Time Frames, etc. (§48-3645)

A.

For any new ordinance or regulation requiring a license, a district shall have in place an overall time frame during which the district 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 district 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. Districts shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.

C.

In establishing time frames, districts shall consider all of the following:

  1. The complexity of the licensing subject matter.
  2. The resources of the district.
  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 district and the regulated community.
  8. Increased district flexibility in structuring the licensing process and personnel including:
    • (a) Master planned communities.
    • (b) Suspension of the substantive and overall time frames for purposes including public hearings or state or federal licenses.

D.

A District 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 District, each department may issue a written or electronic notice of administrative completeness or deficiencies.

E.

If the District determines that an application for a license is not administratively complete, the District shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to Subsection D. If the District 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 District receives the missing information from the applicant. The District 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 District, 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 the District 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 the District issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the District.

G.

During the substantive review time frame, the District may make one comprehensive written or electronic request for additional information. If the permit sought requires approval of more than one department of the District, each department may issue a written or electronic request for additional information. The District and the applicant may mutually agree in writing or electronically to allow the District to submit supplemental requests for additional information. If the District 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 District receives the additional information from the applicant.

H.

By mutual written or electronic agreement, the District 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 the District and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to Subsection H, the District shall issue a written or electronic notice granting or denying a license to an applicant. If the District denies an application for a license, the District 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 District contact person who can answer questions regarding the appeals process.

J.

If the District 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 District 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 District 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 District shall continue to process the application. Notwithstanding any other statute, the District 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 (§48-3650)

This article does not apply to:

  1. An ordinance, regulation or substantive policy statement that relates to only the internal management of the District and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.
  2. An ordinance, regulation or substantive policy statement relating to only the physical servicing, maintenance or care of District owned or operated facilities or property.
  3. An ordinance, regulation or substantive policy statement relating to a District contract.

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