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REFERENCE TITLE: state agencies; preapplication authorization; limitations |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2487 |
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Introduced by Representative Bowers
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AN ACT
amending section 41‑1002, Arizona Revised Statutes; relating to administrative procedures.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1002, Arizona Revised Statutes, is amended to read:
41-1002. Applicability and relation to other law; preapplication authorization; rejection of application
A. This article and articles 2 through 5 of this chapter apply to all agencies and all proceedings not expressly exempted.
B. This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes. To the extent that any other statute would diminish a right created or duty imposed by this chapter, the other statute is superseded by this chapter, unless the other statute expressly provides otherwise.
C. An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred on other persons by any provision of law are not substantially prejudiced.
D. Unless specifically authorized by statute, an agency shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the extent practicable.
e. Unless specifically authorized by statute, an agency may not require preapplication authorization or require preapplication conferences as a requirement to filing an application that is otherwise allowed by statute. If preapplication PROCEDUREs are authorized by statute, an agency shall consider the preapplication AUTHORIZATION requirements or procedures as the beginning of the licensing time frame for the purposes of article 7.1 of this chapter. If preapplication procedures are authorized by statute, an agency shall consider the costs and delays that may be imposed on an applicant and shall seek to minimize those impacts.
F. An agency may not REJECT an application that would otherwise be denied or APPROVED under normal processing to avoid the procedural rights and duties conferred by this chapter. An agency may reject an application only for clerical or insubstantial errors or omissions of information supplied by the applicant. If an APPLICATION fee was paid, an agency shall provide the applicant an opportunity to correct errors and omissions instead of rejecting the application.