PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2443
(Reference to printed bill)
Page 2, line 5, strike "state agencies, the state land department, state mine"; line 6, strike "inspector and arizona geological survey" insert "state agencies,"
Page 6, line 16, strike "code" insert "safety"
Line 32, strike "revisions" insert "corrections"
Line 33, after "applicant" insert "who has submitted an administratively complete application for a license"
Page 9, line 29, strike "or" insert "and"
Page 10, line 24, after "including" insert "delays caused by the need for"
Line 25, strike "Whether" insert "That"
Page 11, line 10, after the comma strike remainder of line; strike line 11; line 12, strike "by the municipality after the date of notice" insert "by fifteen days or more after the date of notice, as established by the municipality"
Line 13, after "requested" insert "or an explanation of why the information cannot be provided within the established time period"
Line 15, strike "additional information"; line 16, strike "and two comprehensive written or electronic requests for revisions" insert "corrections. If the municipality identifies legal requirements that were not included in the comprehensive request for corrections, the municipality may amend the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements"
Line 19, strike "addition information and two comprehensive written or"; line 20 strike "electronic requests for revisions" insert "corrections"
Lines 23, 25 and 26, strike "revisions" insert "corrections"
Page 11, line 28, strike "additional information or request for revisions" insert "corrections"
Line 31, strike "additional information or revisions" insert "corrections"
Line 32, after "requests" insert "significant"; after "application" insert ", which are not in response to the request for corrections"
Line 34, strike "revisions" insert "corrections"
Line 36, strike "revisions" insert "corrections"; strike "additional information or"; line 37, strike "request for revisions" insert "corrections"
Line 38, after the comma strike remainder of line
Line 39, strike "time frame as established by the municipality after the date of notice" insert "by thirty days or more after the date of notice, as established by the municipality"
Line 40, after "requested" insert "or an explanation of why the information cannot be provided within the established time period"
Line 41, after the period strike remainder of line; strike lines 42 and 43; line 44, strike "obtained or the required meetings have concluded."
Page 12, line 12, after "denies" insert "or withdraws"
Lines 15, 16, 18 and 20, after "denial" insert "or withdrawal"
Line 41, after the first "application" insert "for the same purposes with only revisions or corrections to the original application"; strike "prorate the application"; strike lines 42 and 43, insert "not assess any additional application fees that exceed the cost of processing the resubmitted revisions or corrections. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently.
M. If an application for a license is withdrawn and the applicant resubmits the application for the same purpose, the municipality shall not assess any additional application fees that exceed fifty per cent of the original applicant fees that have not been refunded to the applicant. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently."
Reletter to conform
Page 13, line 21, after the first comma insert "police department, town marshal's office,"
Page 14, line 27, strike "state agencies the state land department, state mine inspector"; line 28, strike "and arizona geological survey" insert "state agencies"
Page 17, line 11, strike "code" insert "safety"
Line 24, strike "revisions" insert "corrections"
Line 25, after "applicant" insert "who has submitted an administratively complete application for a license"
Page 20, line 19, strike "or" insert "and"
Page 21, line 13, after "including" insert "delays caused by the need for"
Line 14, strike "whether" insert "that"
Line 43, after the comma strike remainder of line; strike line 44
Page 22, line 1, strike "after the date of notice" insert "by fifteen days or more after the date notice, as established by the county"
Line 2, after "requested" insert "or an explanation of why the information cannot be provided within the established time period"
Line 4, strike "additional information and"; line 5, strike "two comprehensive written or electronic requests for revisions" insert "corrections. If the county identifies legal requirements that were not included in the comprehensive request for corrections, the county may amend the comprehensive request for correction once to include the legal requirements and the legal authority for the requirements"
Strike line 8; line 9, strike "for revisions" insert "corrections"
Lines 12, 13 and 14, strike "revisions" insert "corrections"
Line 16, strike "additional information"; line 17, strike "or request for revisions" insert "corrections"
Line 19, strike "additional information or revisions" insert "corrections"
Line 20, after "requests" insert "significant"
Line 21, after "application" insert ", which are not in response to a request for corrections"
Lines 22 and 24, strike "revisions" insert "corrections"
Page 22, line 25, strike "additional information or request for revisions" insert "corrections"
Line 26, after the comma strike remainder of line; strike line 27; line 28, strike "of notice" insert "by thirty days or longer after the date of notice, as established by the county"
Line 29, after "requested" insert "or an explanation of why the information cannot be provided within the established time period"
Line 30, after the period strike remainder of line; strike lines 31 and 32; line 33, strike "obtained or the required meetings have concluded."
Page 23, line 1, after "denies" insert "or withdraws"
Lines 3, 5, 6 and 8, after "denial" insert "or withdrawal"
Line 28, after the first "application" insert "for the same purposes with only revisions or corrections to the original application"; strike "prorate the application fees on"; strike lines 29 and 30, insert "not assess any additional application fees that exceed the cost of processing the resubmitted revisions or corrections. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently.
M. If an application for a license is withdrawn and the applicant resubmits the application for the same purpose, the county shall not assess any additional application fees that exceed fifty per cent of the original application fees that have not been refunded to the applicant. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently."
Page 24, between lines 12 and 13, insert:
"Sec. 11. Section 48-3641, Arizona Revised Statutes, is amended to read:
48-3641. Definitions
In this article, unless the context otherwise requires:
1. "District" means a district organized pursuant to article 1 of this chapter.
2. "Emergency" means a situation that creates an immediate threat to the health or safety of a person or property caused by flood, earthquake, hurricane, tornado, explosion, fire or other catastrophe.
3. "License" includes the whole or part of any district permit, certificate, approval, registration, charter or similar form of permission required by law. License does not include a transaction privilege tax license.
4. "Licensing" includes the district process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.
5. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision or a public or private organization of any character.
6. "Request for corrections" means seeking a technical or clarifying correction from an applicant who has submitted an administratively complete application for a license.
6. 7. "Substantive policy statement" means a written expression that is only advisory and that informs the general public of a district's current approach to, or opinion of, the requirements of the ordinances or regulations, including, where if appropriate, the district's current practice, procedure or method of action based on that approach or opinion. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the district and do not impose additional requirements or penalties on regulated parties or confidential information.
7. 8. "Working day" means a twenty-four hour period excluding weekends and legal holidays.
Sec. 12. Section 48-3643, Arizona Revised Statutes, is amended to read:
48-3643. Inspections; applicability
A. A district inspector or regulator who enters any premises of a regulated person for the purpose of conducting an inspection shall:
1. Present photo identification on entry of the premises.
2. On initiation of the inspection, state the purpose of the inspection and the legal authority for conducting the inspection.
3. Disclose any applicable inspection fees.
4. Afford an opportunity to have an authorized on-site representative of the regulated person accompany the district inspector or regulator on the premises, except during confidential interviews.
5. Provide notice of the right to have:
(a) Copies of any original documents taken from the premises by the district during the inspection if the district is permitted by law to take original documents.
(b) A split or duplicate of any samples taken during the inspection if the split or duplication of any samples, where if appropriate, would not prohibit an analysis from being conducted or render an analysis inconclusive.
(c) Copies of any analysis performed on samples taken during the inspection.
6. Inform each person whose conversation with the district inspector or regulator during the inspection is tape recorded that the conversation is being tape recorded.
7. Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report.
B. On initiation of, or two working days before, an inspection of any premises of a regulated person, a district inspector or regulator shall provide the following in writing or electronically:
1. The rights described in subsection A of this section.
2. The name and telephone number of a district contact person available to answer questions regarding the inspection.
3. The due process rights relating to an appeal of a final decision of a district based on the results of the inspection, including the name and telephone number of a person to contact within the district and any appropriate municipality, county, district or state government ombudsman.
C. A district inspector or regulator shall obtain the signature of the regulated person or on-site representative of the regulated person on the writing prescribed in subsection B of this section indicating that the regulated person or on-site representative of the regulated person has read the writing prescribed in subsection B of this section and is notified of the regulated person's or on-site representative of the regulated person's inspection and due process rights. The district shall maintain a copy of this signature with the inspection report. Unless the regulated person, at the time of the inspection, is informed how the report can be located electronically, the district shall leave a copy with the regulated person or on-site representative of the regulated person. If a regulated person or on‑site representative of the regulated person is not at the site or refuses to sign the writing prescribed in subsection B of this section, the district inspector or regulator shall note that fact on the writing prescribed in subsection B of this section.
D. A district that conducts an inspection pursuant to this section, shall give a copy of, or provide electronic access to, the inspection report to the regulated person or on-site representative of the regulated person either:
1. At the time of the inspection.
2. Notwithstanding any other state law, within thirty working days after the inspection.
3. As otherwise required by federal law.
E. The inspection report shall contain deficiencies identified during an inspection. Unless otherwise provided by law, the district may provide the regulated person an opportunity to correct the deficiencies unless the district determines that the deficiencies are:
1. Committed intentionally.
2. Not correctable within a reasonable period of time as determined by the district.
3. Evidence of a pattern of noncompliance.
4. A risk to any person, the public health, safety or welfare or the environment.
F. If the district allows the regulated person an opportunity to correct the deficiencies pursuant to subsection E of this section, the regulated person shall notify the district when the deficiencies have been corrected. Within thirty working days of receipt of notification from the regulated person that the deficiencies have been corrected, the district shall determine if the regulated person is in substantial compliance and notify the regulated person whether or not the regulated person is in substantial compliance, unless it is not possible due to conditions of normal operations at the premises. If the regulated person fails to correct the deficiencies or the district determines the deficiencies have not been corrected within a reasonable period of time, the district may take any enforcement action authorized by law for the deficiencies.
G. A district decision pursuant to subsection E or F of this section is not an appealable district action.
H. At least once every month after the commencement of the inspection a district shall provide a regulated person with an update, in writing or electronically, on the status of any district action resulting from an inspection of the regulated person. A district is not required to provide an update after the regulated person is notified that no district action will result from the district's inspection or after the completion of district action resulting from the district's inspection.
I. This section does not authorize an inspection or any other act that is not otherwise authorized by law.
J. This section applies only to inspections necessary for the issuance of a license or to determine compliance with licensure requirements. This section does not apply:
1. To criminal investigations and undercover investigations that are generally or specifically authorized by law.
2. If the district inspector or regulator has reasonable suspicion to believe that the regulated person may be or has been engaged in criminal activity.
3. If the district inspector or regulator reasonably believes that an emergency exists.
4. To inspections conducted pursuant to section 48‑3609, subsection K of persons not licensed by the district or which are not necessary for the issuance of a license.
K. If a district inspector or regulator gathers evidence in violation of this section, the violation shall not be a basis to exclude the evidence in a civil or administrative proceeding, if the penalty sought is the denial, suspension or revocation of the regulated person's license or a civil penalty of more than one thousand dollars.
L. Failure of a district employee to comply with this section:
1. Constitutes cause for disciplinary action or dismissal pursuant to adopted district personnel policy.
2. Shall be considered by the judge and administrative law judge as grounds for reduction of any fine or civil penalty.
M. A district may adopt rules or ordinances to implement this section.
N. This section:
1. Shall not be used to exclude evidence in a criminal proceeding.
2. Does not apply to district inspections that are requested and scheduled by the regulated person.
Sec. 13. Section 48-3645, Arizona Revised Statutes, is amended to read:
48-3645. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption
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 and shall be posted on the district's website, if the district maintains a website.
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 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 and shall be posted on the district's website, if the district maintains a website. 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 delays caused by the need for public hearings or state or federal approvals.
9. That the substantive review and overall time frames do not include the time required by the applicant to obtain other nondistrict licenses or to participate in meetings as required by law.
D. A district shall issue a written or electronic notice of administrative completeness or deficiencies to an 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 a 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 of this section. 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 a 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 a 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. A district may consider an application withdrawn if by fifteen days or longer after the date of the notice, as established by the district, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period.
G. During the substantive review time frame, a district may make one comprehensive written or electronic request for additional information corrections. If the district identifies legal requirements that were not included in the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements. If the permit sought requires approval of more than one department of the district, each department may issue a comprehensive written or electronic request for additional information corrections. The district and applicant may mutually agree in writing or electronically to allow the district to submit supplemental requests for additional information. If the applicant fails to resolve an issue identified in a request for corrections, the district may make supplemental written or electronic requests for corrections that are limited to issues previously identified in a comprehensive request for corrections. If a district issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information for corrections, 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 corrections from the applicant. If an applicant requests significant changes, alterations, additions or amendments to an application that are not in response to a request for correction, a district may make one additional comprehensive written or electronic request for corrections. Nothing shall prevent communication between a district and an applicant regarding a comprehensive written or electronic request for corrections or a supplemental request for corrections. A district may consider an application withdrawn if, by thirty days or more after the date of notice, as established by the district, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period.
H. Nothing shall prevent the district from continuing to process the application during the suspension of the substantive review time frame and overall time frame.
H. I. By mutual written or electronic agreement, a 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 fifty per cent of the overall time frame.
I. J. Unless a 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 I of this section, a district shall issue a written or electronic notice granting or denying a license to an applicant. If a district denies or withdraws 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 or withdrawal with references to the statutes, ordinances, executive orders, substantive policy statements or delegation agreements on which the denial or withdrawal is based.
2. An explanation of the applicant's right to appeal the denial or withdrawal. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial or withdrawal and the name and telephone number of a district contact person who can answer questions regarding the appeals process.
3. An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant resubmits the application and the method in which the fees were calculated.
J. K. If a 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. The right to receive a refund of fees charged for reviewing and acting on the application for the license may not be waived by the applicant.
L. If an application for a license is denied and the applicant resubmits the application for the same purpose, the district shall not assess any additional application fees that exceed the cost of processing the resubmitted revisions or corrections. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently.
M. If an application for a license is withdrawn and the applicant resubmits the application for the same purpose, the district shall not assess any additional application fees that exceed fifty per cent of the original application fees that have not been refunded to the applicant. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently.
K. N. This section does not apply to licenses issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance."
Renumber to conform
Amend title to conform
MICHELLE UGENTI |