reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 5 - ELECTRONIC FUEL TAX REPORTING › Section R17-8-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided under A.R.S. §§
									28-101
				  and
				  28-5601,
				  the following terms apply to this Article: "Applicant" means a person applying
				  for licensure under A.R.S. Title 28, Chapter 16, Article 1.
"Electronic Fuel Tax Program" has the same meaning as defined
				  in
				  R17-8-401.
"Electronic fuel tax report" has the same meaning as defined
				  in
				  R17-8-401.
"Electronic Fuel Tax Reporting Agreement" means the contract
				  between the Department and each licensee pertaining to filing electronic fuel
				  tax reporting requirements in the form and containing such terms and conditions
				  as established by the Director from time to time.
"Electronic funds transfer" has the same meaning as defined
				  in
				  R17-8-401.
"Fuel Tax Suite" means the secure website provided by the
				  Department for filing fuel tax reports and accessing a licensee's fuel tax
				  account.
"Licensee" has the same meaning as defined in
				  R17-8-401.
"Secure Access Gateway" means the Department's secure network
				  application that allows a remote user to connect to the Fuel Tax Suite.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 5 - ELECTRONIC FUEL TAX REPORTING › Section R17-8-502 - Applicability; General Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purpose of administering the
				reporting requirements under A.R.S. Title 28, Chapter 16, Articles 1 and 5, a
				licensee shall participate in the Electronic Fuel Tax Program as provided under
				this Article.
B. Each applicant and
				licensee shall apply for Department authorization to submit electronic fuel tax
				reports as required by the Department.
C. Each applicant and licensee shall enter
				into an Electronic Fuel Tax Reporting Agreement as a condition of licensure.
D. A licensee
				authorized by the Department to file electronic fuel tax reports shall complete
				monthly fuel tax reports only by means of the Electronic Fuel Tax Program and
				shall not submit such reports in paper form.
E. A licensee
				authorized by the Department to file electronic fuel tax reports shall submit
				fuel tax payments by electronic funds transfer as provided under Article 4. The
				licensee shall ensure that the fuel tax payments are deposited to the
				Department account as prescribed under A.R.S. Title 28, Chapter 16, Articles 1
				and 5.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 5 - ELECTRONIC FUEL TAX REPORTING › Section R17-8-503 - Method and Medium of Transmission

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee shall submit electronic fuel
				tax reports to the Department through the Fuel Tax Suite.
B. The filing deadline is 5:00 p.m. (Arizona
				Mountain Standard Time) on the 27th day of each calendar month, or, if such day
				is a Saturday, Sunday, or Arizona legal holiday, the next following business
				day.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 5 - ELECTRONIC FUEL TAX REPORTING › Section R17-8-504 - Data Elements and Format

Current through Register Vol. 30, No. 28, July 12, 2024
Electronic fuel tax reports shall include the
				  following:
1. Identification of the
				licensee,
2. Detailed load-by-load
				receipts information that establishes the amount of fuel received,
3. Detailed load-by-load disbursement
				information that establishes the amount of fuel delivered,
4. Diesel differential information that
				establishes the basis for the differential adjustment, and
5. Other information required by the
				Director.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 5 - ELECTRONIC FUEL TAX REPORTING › Section R17-8-505 - Record Retention; Audit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				licensee shall retain the following records as provided under this Section:
1. A copy of each electronic fuel tax
				report,
2. A record of all
				transactions subject to the Electronic Fuel Tax Program,
3. A record of all other electronic
				transmissions under the Electronic Fuel Tax Program,
4. Back-up files adequate to recreate all
				electronic records, and
5. All
				other records required under A.R.S. §
										28-5619.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 5 - ELECTRONIC FUEL TAX REPORTING › Section R17-8-506 - Remedies and Waiver

Current through Register Vol. 30, No. 28, July 12, 2024
A. Violations
				of this Article shall result in the assessment of applicable penalties,
				interest, and late filing fees pursuant to A.R.S. Title 28, Chapter 16,
				provided that, subject to statute, the Department may waive and extend
				compliance deadlines in order to advance the efficient administration of the
				Electronic Fuel Tax Program as it may, in its sole discretion, determine
				appropriate in particular cases.
B.
				Licensure shall be subject to cancellation by the Department upon a licensee's
				failure to comply with this Chapter and A.R.S. Title 28, Chapter 16 or 25, for
				failing to file an electronic report as required under A.R.S. §
									28-5930.
C. Remedies are cumulative. A cancellation of
				licensure under this Chapter and A.R.S. Title 28, Chapters 16 and 25, shall not
				terminate any reporting requirement or fee, tax, penalty or interest
				obligation.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Table 1

Current through Register Vol. 30, No. 28, July 12, 2024
Refund Type
Claimant Status
Sections
Licensee
Non-Licensee
R17-8-602. Exports
3 years from date of export
3 months from date of export
R17-8-603. Use Fuel Vendors
3 years from date of sale
6 months from date of sale
R17-8-604. Off-Highway
3 years from date of purchase
6 months from date of purchase
R17-8-606. Tribal Government
If no Tribal Agreement with the Department, 6 months
							 from date of purchase
R17-8-607. Tribal Member
R17-8-608. Transport of Forest Products; Healthy
							 Forest Initiative
March 1st of the year following calendar year
							 consumed
R17-8-609. Motor Fuel Used in Aircraft
6 months from date of purchase
R17-8-610. Motor Fuel Losses Caused by Fire, Theft,
							 Accident, or Contamination
3 years from date of event
6 months from date of event
R17-8-611. Bulk Purchase of Use Fuel
3 years
6 months
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-602 - Exports

Current through Register Vol. 30, No. 28, July 12, 2024
A. To qualify under
				this Article for a refund of Arizona fuel tax paid on motor fuel exported, a
				claimant shall provide the following documents to support a complete
				application for refund:
1. Export to another
				state within the United States:
a. Terminal,
				carrier, or bulk plant bill of lading or delivery ticket showing the point of
				origin and destination of the motor fuel;
b. Invoice or monthly supplier report
				schedule indicating that the Arizona tax was paid;
c. Motor fuel invoice or shipping document
				reflecting final destination and gallons exported;
d. Tax report establishing that the
				destination state's tax was reported;
e. Name and license number issued by the
				destination state of the licensee responsible for payment of motor fuel tax and
				tax reporting to the destination state; and
f. If the export of motor fuel is a
				diversion, the claimant shall provide the following documents to the
				Department:
i. A carrier bill of lading;
				and
ii. Other documentation which
				supports the delivery of motor fuel to a specific location, other than its
				intended destination.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-603 - Use Fuel Vendors

Current through Register Vol. 30, No. 28, July 12, 2024
A. To
				qualify for refund of the use fuel tax differential, a use fuel vendor shall
				submit to the Department:
1. A complete
				application as prescribed under
				R17-8-601;
2. Supplier or restricted distributor
				invoice, documenting the use fuel taxes that the vendor paid for the fuel;
				and
3. Supporting documentation:
a. For sales of use fuel dispensed from a
				pump which is labeled for use class into a light class or exempt use class
				vehicle, a fuel log of use fuel tax differential sales, submitted on a format
				approved by the Department that includes the following vendor information:
i. Vendor name;
ii. Department-issued retail branch
				number;
iii. Retail branch physical
				address;
iv. Department-issued
				vendor license number;
v. Date of
				sale to consumer;
vi License plate
				number and name of jurisdiction that issued the license plate of the motor
				vehicle into which the fuel was dispensed;
vii. Number of gallons of use fuel that were
				purchased and dispensed into the fuel tank of a qualifying vehicle;
viii. Amount of fuel tax refunded to
				purchaser; and
ix. Purchaser's name
				and signature indicating receipt of the refund made by a vendor of use fuel,
				submitted on a vendor use fuel refund log, provided by the
				Department.
b. For use
				fuel vendors who have sales of use fuel dispensed from both a pump labeled for
				use class and from a pump labeled for light class or exempt use class, a report
				of the total pump sales for each type.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-604 - Off-Highway

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall refund under this Article the Arizona motor fuel tax paid on the motor
				fuel consumed in Arizona while the vehicle is off-highway.
B. A complete application for refund, as
				prescribed under
				R17-8-601, shall include the
				following supporting documentation:
1. System
				or manual motor fuel log summary by VIN which includes the following:
a. Items under subsection (C)(1)(a),
				and
b. Mileage consumed off-highway
				when applicable;
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-605 - Idle Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under the
				provisions of this Article, the Department shall refund the Arizona motor fuel
				tax imposed on the motor fuel consumed by a claimant's vehicle while in idle
				status.
B. A complete application
				for refund, as prescribed under
				R17-8-601, shall include the
				following documentation to verify the quantity of motor fuel consumed by a
				vehicle while in idle status:
1. Documentation
				that proves the total quantity of motor fuel purchased by the claimant in
				Arizona during refund period:
a. An invoice
				that contains the following information:
i.
				Date of purchase,
ii. Seller's
				name,
iii. Physical address where
				motor fuel was purchased,
iv.
				Number of gallons of motor fuel purchased,
v. Type of motor fuel purchased,
				and
vi. Price per gallon of motor
				fuel.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-606 - Tribal Government

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall refund the Arizona motor fuel tax imposed on the motor fuel
				consumed by a vehicle owned or leased to a tribal government under this
				Article.
B. A complete application
				for refund, as prescribed under
				R17-8-601, shall include all of
				the following supporting documentation for each vehicle:
1. Detailed fuel receipt statement which
				includes the following purchase information:
a. Date of fuel purchase,
b. Gallonage,
c. Location,
d. Fuel type, and
e. Seller's name and addres;
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-607 - Tribal Member

Current through Register Vol. 30, No. 28, July 12, 2024
A. Enrolled
				members of a tribe may make application to the Department, as prescribed under
				R17-8-601, for a refund of the
				Arizona motor fuel taxes on fuel purchased on the reservation of the tribe in
				which the member is enrolled, provided the motor fuel was not used off the
				reservation for a commercial purpose.
B. A complete application for refund, as
				prescribed under
				R17-8-601, shall include the
				following supporting documentation:
1. Copy of
				the vehicle registration,
2. Copy
				of the Tribal member identification card,
3. Receipt of motor fuel purchased on the
				reservation, and
4. Signed
				statement certifying motor fuel was used for non-commercial purposes under
				A.R.S. §
										28-5610(A).
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-608 - Transport of Forest Products; Healthy Forest Initiative

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claim for refund, pursuant to A.R.S. §
									28-5614(B), of
				the tax on motor fuel used to transport forest products on Arizona highways
				shall comply with the requirements of
				R17-8-601.
B. A complete application for refund, as
				prescribed under
				R17-8-601, shall include the
				following supporting documentation:
1. An
				equipment and vehicle listing which includes year, make, equipment type, VIN or
				equipment serial number, and gross vehicle weight;
2. Certification letter issued by the Arizona
				Commerce Authority pursuant to A.R.S. §
										41-1516 for the same period of
				time as the refund claim;
3.
				Memorandum of Understanding between the Arizona Commerce Authority and the
				claimant pursuant to A.R.S. §
										41-1516;
4. Individual Project Mileage and Fuel
				Reports for each project;
5.
				Purchase invoices of use fuel; and
6. Changes to the
				Arizona Commerce Authority Certification when applicable.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-609 - Motor Vehicle Fuel Used in Aircraft

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claim for the refund of the tax,
				pursuant to A.R.S. §
									28-5611(A)(2)  or
				non-agricultural purposes under A.R.S. §
									28-5611(B), on
				motor vehicle fuel used to power aircraft shall comply with the requirements of
				R17-8-601 and subsections (B) and
				(C) of this Section.
B. A complete
				application for refund, as prescribed under
				R17-8-601, shall include the
				following supporting documentation:
1. Motor
				fuel log summary by aircraft which includes:
a. Purchase date,
b. Name and location of vendor of fuel to
				show that Arizona motor fuel tax was included in the purchase price,
c. Gallons dispensed,
d. Fuel type, and
e. Manner consumed;
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-610 - Motor Fuel Losses Caused by Fire, Theft, Accident, or Contamination

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant may
				apply to the Department for a refund of the tax on motor fuel lost due to fire,
				theft, accident, or contamination.
B. A request for refund pursuant to A.R.S. §
									28-5610 or
				28-5611 of the tax on motor fuel
				that is lost due to fire, theft, accident, or contamination shall comply with
				the requirements of
				R17-8-601.
C. A complete application for refund, as
				prescribed under
				R17-8-601, shall include the
				following supporting documentation:
1. Signed
				statements from persons with personal knowledge regarding the facts and
				circumstances of the loss, including:
a. Date
				of loss or contamination,
b.
				Location where the loss or contamination occurred,
c. Detailed explanation regarding the nature
				of the loss or contamination,
d.
				Name and contact information of persons who witnessed loss or
				contamination,
e. Quantity of fuel
				lost or contaminated, and
f.
				Disposition of the contaminated fuel.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 8 - DEPARTMENT OF TRANSPORTATION - FUEL TAXES › Article 6 - MOTOR FUEL REFUNDS › Section R17-8-611 - Bulk Purchase of Use Fuel

Current through Register Vol. 30, No. 28, July 12, 2024
A. A request for refund of taxes paid on the
				bulk purchase of use fuel dispensed into a light class, or exempt use class
				vehicle, shall be submitted to the Department, as prescribed under
				R17-8-601(B), on
				an application provided by the Department.
B. Bulk use fuel shall be purchased and
				consumed in Arizona to qualify for refund.
C. A complete application for refund, as
				prescribed under
				R17-8-601, shall include the
				following supporting documentation:
1. Invoice
				that contains the following information:
a.
				Name and address of vendor,
b. Tax
				rate,
c. Product type,
d. Delivery date,
e. Quantity of fuel,
f. Invoiced amount, and
g. A statement from the seller of the use
				fuel that the use fuel is non-dyed use fuel.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 9 - RECODIFED

Current through Register Vol. 30, No. 28, July 12, 2024
This Chapter was
			 recodified to 13 A.A.C. 13 under A.R.S. § 41- 1011(C) at 20 A.A.R. 2083 (Supp.
			 14-3).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 1 - DEFINITIONS › Section R18-1-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The definitions in A.R.S. §
									41-1001,
				  except for the definition of "person", shall apply to this Chapter. In
				  addition, the terms in this Chapter shall have the following meanings:
1. "Attorney general" means the attorney general of the state
				  of Arizona and includes any assistant attorneys general or other attorneys
				  appointed by the Office of the Attorney General to represent the Department at
				  a contested case.
2. "Department" means the Department of Environmental
				  Quality.
3. "Director" means the Director of the Department of
				  Environmental Quality or the Director's designee.
4. "General public hearing" means a hearing, subject to the
				  requirements of Article 4, held to obtain comment from the public with respect
				  to Department actions. "General public hearing" shall not include oral
				  proceedings, or contested case hearings.
5. "Hearing officer" means an individual appointed by the
				  Director to perform the duties described in
				  R18-1-203
				  at any contested case hearing.
6. "Oral proceeding" means a proceeding held during the
				  rulemaking process, as described by A.R.S. §
									41-1023.
7. "Person" means an individual, employee, officer, managing
				  body, trust, firm, joint stock company, consortium, public or private
				  corporation, including a government corporation, partnership, association,
				  state, a political subdivision of this state, or commission or the United
				  States Government or a federal facility, interstate body or other
				  entity.
8. "Presiding officer" means any individual appointed by the
				  Director to perform the duties described in
				  R18-1-304 at any
				  oral proceeding.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 2 - ADMINISTRATIVE APPEALS › Section R18-1-205 - Notice of Intent to Rely on License Application Components As Submitted

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				Department submits to a license applicant a notice that the application is
				missing required components, is substantively deficient, or is otherwise
				deficient, or submits to a license applicant a request for additional
				information to enable the Department to reach a decision to grant the license,
				then the Department shall include a brief explanation of the basis of or reason
				for the notice or request.
B. If a
				license applicant receives a notice from the Department that the application is
				lacking application components, is substantively deficient, or is otherwise
				deficient, or receives from the Department a request for additional
				information, the applicant, in lieu of submitting some or all of the components
				or information identified by the Department, may submit to the Department a
				written notice of intent to rely on the application components as submitted.
				The applicant shall submit the notice of intent to rely on the application
				components as submitted within the time specified in the Department's notice of
				deficiencies or request for additional information. If the Department's notice
				of deficiencies or request for additional information does not specify a time,
				then the applicant shall submit the notice of intent to rely on the application
				components as submitted within 60 days after the mailing date of the
				Department's notice of deficiencies or request for additional
				information.
C. A notice of intent
				to rely on the application components as submitted shall include the following:
1. Name of the applicant.
2. License application number or other
				identification.
3. Date of the
				Department notice or request in question.
4. Identification of the application
				component or components objected to with reasons for the objection or
				objections.
5. A statement that the
				applicant intends to rely on the application components as submitted as the
				basis upon which the Department may determine whether to grant or deny the
				license.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R18-1-301 - Agency Record

Current through Register Vol. 30, No. 28, July 12, 2024
The official rulemaking record is located in the Department
				  and may be reviewed any working day, Monday through Friday, from 8:00 a.m.
				  until 5:00 p.m., except state holidays.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R18-1-302 - Petition for Rule Adoption, Amendment or Repeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person requesting that the Department
				adopt, amend, or repeal a rule, pursuant to A.R.S. §
									41-1033,
				shall submit a petition as prescribed in this Section before such request may
				be considered by the Department.
B.
				Each petition shall contain:
1. The name and
				current address of the person submitting the petition.
2. If the request is for adoption of a new
				rule, a statement of that fact, followed by the specific language of the
				proposed rule.
3. If the request is
				for amendment of a current rule, a statement of that fact, followed by the
				A.A.C. number and title of the rule being proposed for amendment. This shall be
				followed by the specific language of the current rule; any language to be
				deleted shall be struck out but clearly readable, and any language to be added
				by the proposed amendment shall be underlined.
4. If the request is for repeal of a current
				rule, a statement of this fact, followed by the A.A.C. number and title of the
				rule being proposed for repeal.
5.
				The signature of the person submitting the petition.
6. The reason the rule should be adopted,
				amended or repealed.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R18-1-303 - Written Comments during Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any member of the public may comment upon
				a rule proposed by the Department by submitting written comments on the
				proposed rule to the Director.
B.
				Any document is considered to have been submitted on the date it is received by
				the Department. If a document is mailed, this date shall be the date on the
				postmark.
C. All written comments
				received during the period specified by A.R.S. §
									41-1023(A)
				 shall be considered by the
				Department.
D. All original written
				comments on proposed rules shall be placed in the official record.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R18-1-304 - Oral Proceedings

Current through Register Vol. 30, No. 28, July 12, 2024
A. Requests
				for oral proceedings, as prescribed in A.R.S. §
									41-1023,
				shall:
1. Be filed with the
				Director;
2. Include the name and
				current address of the person making the request;
3. Refer to the proposed rule and include the
				date and issue of the Arizona Administrative Register in which the notice was
				published, if known.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R18-1-306 - Written Criticism of Rule

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Any person may file a written criticism of an effective rule with the
				Director.
B. The criticism shall
				clearly identify the rule addressed, and specify why the existing rule is
				inadequate, unduly burdensome, unreasonable or otherwise considered to be
				improper.
C. The Director shall
				acknowledge receipt of any criticism within 10 working days and shall place the
				criticism in the official record, for review by the Department, pursuant to
				A.R.S. § 41-1054.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 4 - PUBLIC NOTICE AND GENERAL PUBLIC HEARINGS › Section R18-1-401 - Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. When notice is
				required by statute or rule, and notice procedures are not otherwise prescribed
				by statute or rule, the Department shall:
1.
				Publish the notice as a legal notice at least once, in one or more newspapers
				of general circulation in the county or counties concerned;
2. Include in the notice the following
				information:
a. The major issue under
				consideration or a description of the reason for the action;
b. The Department's proposed action and
				effective date for that action;
c.
				The location where relevant, nonconfidential documents may be obtained and
				reviewed during normal business hours;
d. The name, address and telephone number of
				a person within the Department who may be contacted for further
				information;
e. The location where
				public comments may be addressed, and the date and time by which comments shall
				be received.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 4 - PUBLIC NOTICE AND GENERAL PUBLIC HEARINGS › Section R18-1-402 - General Public Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a general public hearing is required by
				statute or by rule, the hearing shall be noticed as required in
				R18-1-401.
B. The Department shall
				maximize the opportunity for public participation at a general public hearing
				and shall consider all of the following when scheduling the general public
				hearing:
1. A location in or near the
				geographical area of the issue addressed in the hearing, and easily accessible
				to a majority of the affected public;
2. A time which can facilitate public
				attendance;
3. Other hearings
				concerning the public, in the same geographical area, which may be scheduled
				for the same time and location.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-502 - Applicability; Effective Date

Current through Register Vol. 30, No. 28, July 12, 2024
A. This
				Article does not apply to any of the following:
1. A license not requiring an
				application.
2. A license conferred
				by a notification to the Department of an event, activity, or facility and that
				is not conferred by the Department in the form of a written license issued to
				the prospective licensee in response to the notification.
3. A license issued at the Department's
				initiative.
4. A license issued by
				default if the Department does not make a licensing decision within a time
				identified in statute or rule.
5. A
				license not identified in a category shown on the license tables.
6. A license required under an abatement or
				compliance order or consent agreement, if a time-frame in the order or consent
				agreement is different than the time-frame for the license category. The
				time-frame in the order or consent agreement shall supersede the time-frame for
				the license category.
7. An
				application for which the applicant is not the prospective licensee.
8. Compliance activity by licensees in
				conformance with an issued license except for license renewal or revision
				activity.
9. Contractual activity
				under A.R.S. §
										41-1005(A)(15).
10. Activity that leads to the revocation,
				suspension, annulment, or withdrawal of a license.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-503 - Administrative Completeness Review Time-frame Operation; Administrative Completeness

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				administrative completeness review time-frame for an application begins on the
				day of Department receipt of the first component submittal in support of the
				application that contains all the following:
1. Identification of the applicant.
2. If the license is for a facility,
				identification of the facility.
3.
				Name and mailing address of the applicant and, if applicable, the applicant's
				agent authorized by the applicant to receive all notices issued by the
				Department under this Article.
4.
				Identification of the license category in which the application shall be first
				processed. If companion categories are shown on a license table for this
				license, the application shall be first processed in the companion category
				that is determined as follows:
a. If
				"standard" and "complex" categories are shown, in the "standard"
				category.
b. If "without a public
				hearing" and "with a public hearing" are shown, in the "without a public
				hearing" category.
c. If "without a
				public meeting" and "with a public meeting" are shown, in the "without a public
				meeting" category.
5.
				Completed Department application form if required for the license
				category.
6. Initial fee if
				required for the license category.
7. All application components required by
				statute or rule necessary for the Department to determine whether an
				application is administratively complete.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-504 - Substantive Review Time-frame Operation; Requests for Additional Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				substantive review time-frame for an application begins on one of the following
				days:
1. If the Department notifies the
				applicant that the application is administratively complete before the
				expiration of the administrative completeness review time-frame, one day after
				notification.
2. If the Department
				does not notify the applicant that the application is administratively complete
				before the expiration of the administrative completeness review time-frame, one
				day after expiration.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-505 - Overall Time-frame Operation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The overall time-frame for an application begins on the same day as the
				administrative completeness review time-frame.
B. The running of days within the overall
				time-frame suspends and resumes in concert with the administrative completeness
				and substantive review time-frames and time-frame extensions.
C. The duration of the overall time-frame
				equals the sum of all the following days unless altered by R18-1-508 (licensing
				time-frames pre-application agreements) or
				R18-1-511
				(changed licensing time-frames agreements):
1. The lesser of:
a. The number of days shown for the
				administrative completeness review time-frame on the license tables,
				or
b. The actual number of days for
				the administrative completeness review time-frame if the Department notifies
				the applicant under
				R18-1-503(E)
				that the application is administratively complete before the expiration of the
				administrative completeness review time-frame;
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-506 - Time-frame Extension Operation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				If created by a licensing time-frames extension agreement under
				R18-1-510,
				the time-frame extension for an application begins one day after the
				substantive review and overall time-frames would otherwise expire and operates
				as if they were still in operation.
B. The time-frame extension for an
				application ends on one of the following days, whichever is earlier:
1. The day of Department notification that it
				has made a licensing decision under A.R.S. §
										41-1076
				and R18-1-507.
2. The day shown for
				the expiration of the time-frame extension identified in the time-frame
				extension agreement.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-507 - Ending of Time-frames; Licensing Decisions; Withdrawal; Notice of Licensing Time-frames Nonapplicability

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Department notification of the grant or denial of a license ends the running of
				all licensing time-frames for an application.
B. The Department may deny a license if the
				applicant submits incomplete or inaccurate information in response to a notice
				of administrative deficiencies under
				R18-1-503,
				a request for additional information or a comprehensive request for additional
				information under R18-1-504, a supplemental request for additional information
				under
				R18-1-509,
				or any other deficiency in the application that prevents the Department from
				exercising its authority to grant the license.
C. The Department may deny a license if the
				applicant fails to respond in a reasonably timely manner to a notice of
				administrative deficiencies under
				R18-1-503,
				a request for additional information or a comprehensive request for additional
				information under R18-1-504, or a supplemental request for additional
				information under R18-1-509, and the deficiency in the application prevents the
				Department from exercising its authority to grant the license. In determining
				whether an applicant has failed to respond to a notice or request in a
				reasonably timely manner and the deficiency in the application prevents the
				Department from exercising its authority to grant the license, the Department
				shall consider the following factors:
1. The
				nature of the information requested.
2. The time that an applicant has been given
				in the notice or request to respond relative to the overall time-frame for that
				category of license.
3. The extent
				to which the Department's ability to process applications for that license
				category or related license categories is adversely affected by overdue
				responses for information.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-508 - Licensing Time-frames Pre-application Agreements

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant and the Department may enter
				into a licensing time-frames pre-application agreement to allow the applicant
				to do one or more of the following:
1. Submit
				certain application components in one or more phases during the substantive
				review time-frame.
2. Coordinate
				the licensing time-frames requirements of this Article with expedited
				application review by a private consultant under contract with the Department
				for that purpose.
3. Coordinate the
				licensing time-frames requirements of this Article with an applicant's
				requirements to apply for and obtain other approvals reasonably related to the
				subject matter of the application.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-509 - Licensing Time-frames Supplemental Request Agreements

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant and the Department may enter
				into one or more licensing time-frames supplemental request agreements to allow
				the suspension of the running of days within the relevant substantive review
				and overall time-frames and time-frame extensions pending a response from the
				applicant to a supplemental request for additional information under A.R.S.
				§
									41-1075(A).
				A request for additional time alone is not a valid justification for a
				supplemental request agreement.
B.
				A licensing time-frames supplemental request agreement shall contain at least
				the following terms:
1. Unless otherwise
				specified in the agreement, all requirements of this Article remain in
				effect.
2. A list of the additional
				information requested.
3. The
				running of days within the relevant substantive review and overall time-frames
				and time-frame extensions shall suspend and resume under Sections
				R18-1-504
				through R18-1-506.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-510 - Licensing Time-frames Extension Agreements

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant and the Department may enter
				into one or more time-frames extension agreements to extend the substantive
				review and overall time-frames under A.R.S. §
									41-1075(B).
B. The total of all time-frames extension
				agreements may extend the time-frames no more than 25% of the number of days
				beyond the presumptive overall time-frame or, if identified as a fixed number
				in an
				R18-1-508
				pre-application agreement, the presumptive overall time-frame in that
				agreement. A calculation that results in a fraction of a day shall be rounded
				to the nearest day.
C. A
				time-frames extension agreement shall contain at least the following terms:
1. Unless specified otherwise in the
				agreement, all requirements of this Article remain in effect.
2. The number of time-frame extension
				days.
3. The agreement creates a
				time-frame extension that operates under
				R18-1-506.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-511 - Licensing Time-frames Changed Application Agreements

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant and the Department may enter
				into a licensing time-frames agreement to allow the applicant to change
				information previously submitted in support of a license application and to
				supersede the time-frames of that application with new time-frames. A changed
				licensing time-frames agreement causes all time-frames on the application to
				end under
				R18-1-507(D)
				and creates a new set of time-frames that operates under the
				agreement.
B. A changed licensing
				time-frames agreement shall contain at least the following terms:
1. Unless specified otherwise in the
				agreement, all requirements of this Article remain in effect.
2. A waiver under A.R.S. §
										41-1004 by the
				applicant of its rights to the number of time-frame days identified on the
				license tables in consideration of the Department allowing the applicant to
				change the information submitted in support of a changed application.
3. Identification of application components
				required in support of the changed application.
4. The number of time-frame days applicable
				to the changed application.
5. A
				fee adjustment, if appropriate.
6.
				Identification of the license category within which the Department shall
				continue processing the changed application.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-516 - Reassignment of License Category

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department may reassign an application to a different category if an
				evaluation of the application components indicates that a change is necessary
				in the category in which the application is classified. The Department shall
				notify the applicant of the change in the license category at which time the
				reassignment shall take effect. The Department notice shall contain the
				Department's reason for making the reassignment to a different license
				category. After receiving Department notification, the applicant may submit an
				R18-1-521
				notice of intent to rely on the license category in effect before Department
				notification.
B. If a public
				hearing or public meeting is requested for an application for a license that
				requires the Department to hold a public hearing or public meeting on a
				proposed licensing decision if requested, the Department shall reassign the
				application from a license category not providing for a public hearing or
				public meeting to the companion category so providing.
C. Reassignment may include a change from a
				standard to a companion complex category if such categories are shown on the
				license tables.
D. Reassignment to
				a new license category under this Section means only that the time-frames for
				the application expire on the days shown for the new license category rather
				than the previous category.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-518 - Emergencies and Upset Conditions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Director may declare a moratorium on the starting of time-frames for new
				applications or may declare a suspension of all time-frames for one or more
				license categories identified on the license tables upon a determination that
				the starting of time-frames for new applications or the continued running of
				days within the time-frames on existing applications in that license category
				is likely to result in sanctions for those applications due to emergencies
				including:
1. Diversion of Department
				resources to respond to pollution prevention emergency activity,
2. Loss of use of premises,
3. Computer failure, or
4. Lack of access to a site inspection
				location due to weather or other natural conditions.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-519 - Public Hearings; Public Meetings; Public Notice Periods

Current through Register Vol. 30, No. 28, July 12, 2024
The suspension or expiration of the substantive review
				  time-frame does not invalidate public hearings, public meetings, or public
				  notice periods required by law to occur before a decision by the Department to
				  grant a license.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-520 - Notice of Intent to Rely on the Application Components As Submitted

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant,
				instead of submitting some or all of the application components identified by
				the Department, may submit an
				R18-1-205
				notice of intent to rely on the application components as submitted in response
				to either of the following:
1. Receiving a
				notice of administrative deficiencies issued by the Department during the
				administrative completeness review time-frame.
2. Receiving a comprehensive request for
				additional information or a supplemental request for additional information
				issued by the Department after the administrative completeness review
				time-frame.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-521 - Notice of Intent to Rely on the License Category

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon Department notification that the
				Department has changed the license category under
				R18-1-516,
				an applicant may submit a notice of intent to rely on the license category in
				effect before the Department notification.
B. The applicant's notice under subsection
				(A) of this Section shall include all of the following:
1. Identification of the applicant.
2. Identification of the license
				application.
3. Identification of
				the date of the Department notice.
4. A statement that the applicant intends to
				rely on the license category in effect before Department notification of the
				R18-1-516
				license category change as the basis upon which the Department shall make a
				licensing decision.