Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 1 - DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION › Article 5 - LICENSING TIME-FRAMES › Section R18-1-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S. §
									41-1001,
				  §
									41-1072,
				  and
				  R18-1-101,
				  the following definitions apply to this Article:
1. "Administrative completeness" or "administratively
				  complete" means Department receipt of all application components required by
				  statute or rule and necessary to enable the Department to issue a notice of
				  administrative completeness under A.R.S. §
									41-1074
				  and thereby end the administrative completeness review time-frame and start the
				  substantive review time-frame.
2. "Administrative completeness review" means the process of
				  clerical verification by the Department to determine whether the submitted
				  application components meet the requirements of administrative
				  completeness.
3. "Applicant" means a person who requests the Department to
				  issue a license.
4. "Applicant response" means a written response from the
				  applicant to a Department notice that complies with all the following:
a. The response identifies the applicant.
b. The response identifies the Department notice.
c. The response is addressed to the Department employee
				  identified in the Department notice as the designated recipient of the
				  notice.
d. The response contains the required information identified
				  in the Department notice or the response contains a notice under
				  R18-1-520
				  to rely on the application components as submitted.
5. "Application" means a request to the Department to issue a
				  license to the requestor when that request is in writing and complies with
				  R18-1-502
				  and
				  R18-1-503(A).
6. "Application clerk" means a Department employee with
				  authority to receive applications for a specific license or an application
				  component or applicant response.
7. "Application component" means a document, other written
				  information, or fee required by statute or rule and submitted to the Department
				  in support of an application.
8. "Companion category" means one of an association of two or
				  more consecutive categories, shown on the license tables with paired license
				  names, and containing a distinction between "standard" and "complex", between
				  "without a public hearing" and "with a public hearing", or "without a public
				  meeting" and "with a public meeting".
9. "Complex" means an application category that requires
				  significantly more Department resources to review the application than
				  applications processed in a companion standard category due to the size,
				  novelty, complexity, or technical difficulty expressed in the
				  application.
10. "Comprehensive request for additional information" means
				  a Department notification made after the administrative completeness review
				  time-frame that:
a. Contains a list of information required by statute or rule
				  and necessary before the Department may grant the license; and
b. Suspends the running of days within the
				  time-frames.
11. "Day" means business day and excludes Saturdays, Sundays,
				  and state holidays.
12. "Department notification" or "Department notice" means
				  written communication by the Department to an applicant in person or at the
				  mailing or electronic address identified on the application. The Department may
				  notify the applicant at the applicant's electronic address only if the
				  applicant provides that address as part of an application component. The
				  notification is effective:
a. If mailed, on the date of its postmark.
b. If delivered in person by a Department employee or agent,
				  on the date of delivery.
c. If delivered electronically, on the date of delivery to
				  the electronic address.
13. "Department receipt" of an application component or an
				  applicant response means one of the following days:
a. If the component or response is handed to an application
				  clerk by the applicant, the day of actual receipt by the application
				  clerk.
b. If the component or response is mailed, five days after
				  the postmark identifying the mailing date.
c. If the component or response is delivered to an electronic
				  address of an application clerk, one day after the date of delivery to the
				  electronic address.
d. If the Department notifies the applicant of receipt within
				  five days after the date of actual receipt, the day of actual receipt of the
				  component or response by the application clerk.
e. If delivered during an application moratorium or
				  time-frame suspension declared under
				  R18-1-518,
				  the day after the moratorium or suspension ends.
14. "Electronic address" means either a telephone number for
				  facsimile document communication (fax) or an electronic mail (e-mail) address.
				  "Electronic address" does not mean a telephone number for voice or TDD
				  (telephone device for the deaf) communication.
15. "Fee excusal" means the sanction imposed on a Department
				  fund under A.R.S. §
									41-1077(A)
				   that requires the Department to excuse
				  further fees required from the applicant by the Department.
16. "Initial fee" means that part of the fee required to be
				  submitted under
				  R18-1-503(A).
17. "License category" means a category identified on a
				  license table.
18. "License table" means a table within this Article.
19. "Licensing time-frame" means any of the time-frames
				  identified in A.R.S. §§
									41-1072
				  through
				  41-1079,
				  the operation of which requires the Department to report its compliance level
				  for overall time-frames to the Governor's Regulatory Review Council under
				  A.R.S. § 41-1078(A).
20. "Licensing time-frame agreement" means an agreement made
				  under any of the Sections
				  R18-1-508
				  through R18-1-512.
21. "Penalty" means the sanction imposed on a Department fund
				  under A.R.S. §
									41-1077(B).
22. "Phased application" means an application processed
				  pursuant to a licensing time-frame agreement that allows the applicant to
				  submit application components in two or more phases with each phase providing
				  for administrative completeness review.
23. "Pre-application" means the period prior to Department
				  receipt of an applicant's first application component submittal under
				  R18-1-503(A).
24. "Presumptive administrative completeness" means the
				  expiration of the administrative completeness review time-frame and the
				  automatic start of the running of days within the substantive review time-frame
				  under A.R.S. §
									41-1074(C)
				   as a result of the Department failing to
				  issue a notice of administrative completeness under A.R.S. §
									41-1074(A).
25. "Presumptive overall time-frame" means the sum of the
				  days shown for the administrative completeness review and substantive review
				  time-frames on the license tables for that license category and may be
				  different from the actual overall time-frame because the presumptive overall
				  time-frame does not include a lengthening of the time-frame due to a time-frame
				  extension agreement or a shortening of the time-frame due to early starting of
				  the substantive review time-frame caused by the issuance of a notice of
				  administrative completeness.
26. "Presumptive substantive review time-frame" means the
				  days shown for the substantive review time-frame on the license tables for a
				  license category.
27. "Refund" means the sanction imposed on a Department fund
				  under A.R.S. §
									41-1077(A)
				   that requires the Department to refund fees
				  already paid by the applicant into that fund.
28. "Request for additional information" means a Department
				  notification or contact made after the administrative completeness review
				  time-frame and that identifies information required by statute or rule and
				  necessary before the Department may grant the license.
29. "Sanction" means a refund, fee excusal, or penalty under
				  A.R.S. §
									41-1077.
30. "Site inspection" means an inspection performed by the
				  Department under A.R.S. §
									41-1009
				  as part of a required component of an application for a license shown on the
				  license tables.
31. "Substantive review" means the process of qualitative
				  evaluation by the Department of application components to determine whether the
				  components meet all requirements in statute or rule and necessary to grant the
				  license. "Substantive review" does not include clerical verification of the
				  components nor does it include Department investigations resulting from
				  reporting or notification requirements.
32. "Time-frame extension" means the entire period after the
				  overall time-frame would otherwise expire and during which an application is
				  not subject to sanctions. The substantive review and overall time-frames
				  continue in effect and do not expire during the time-frame extension.
33. "Withdrawn application" means an application that has
				  ceased to be subject to this Article due to the applicant's request that the
				  Department cease all consideration of the application under
				  R18-1-517.
				  An applicant's ability to withdraw an application is not governed by this
				  Article.