PREFILED JAN 02 2024
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REFERENCE TITLE: administrative completeness review; licensing |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2100 |
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Introduced by Representative Griffin
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An Act
amending sections 41-1074 and 41-1079, Arizona Revised Statutes; relating to licensing time frames.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1074, Arizona Revised Statutes, is amended to read:
41-1074. Compliance with administrative completeness review time frame; comprehensive list; reimbursement
A. B. An agency shall issue a written notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame.
B. C. If an agency determines that an application for a license is not administratively complete, the agency shall include a comprehensive list of the specific deficiencies in the written notice provided pursuant to subsection A B of this section. If the agency issues a written 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 agency receives the missing information from the applicant.
C. D. If an agency does not issue a written notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If an agency issues a timely written notice of deficiencies, an application is not complete until the agency receives all requested information. if an agency issues a timely written notice of deficiencies that is substantive in nature within the administrative completeness review time frame, the application is deemed ADMINISTRatively complete.
E. an agency may not do either of the following:
1. determine the substantive merits or outcome of an application or notify an applicant of the agency's determination of the substantive merits or outcome of an application while the application is within the administrative completeness review time frame.
2. MAKE A FINAL DECISION ON AN APPLICATION OR NOTIFY AN APPLICANT OF the OUTCOME OF THE APPLICATION BASED ON THE FINDINGS OR CONCLUSIONS OF A DOCUMENT OR REPORT THAT IS NOT INCLUDED IN THE APPLICATION OR LISTED ON THE AGENCY'S COMPREHENSIVE LIST OF ITEMS prescribed in subsection a of this section, UNLESS THE DOCUMENT OR REPORT was SUBJECT TO PUBLIC INSPECTION AND THE APPLICANT HAD AN OPPORTUNITY TO CHALLENGE THE DOCUMENT or report AND THE DOCUMENT'S or report's FINDINGS before SUBMITTING THE application.
D. F. Except for an application submitted to the department of water resources pursuant to title 45, a determination by an agency that an application is not administratively complete is an appealable agency action, which if timely initiated, entitles the applicant to an adjudication on the merits of the administrative completeness of the application.
Sec. 2. Section 41-1079, Arizona Revised Statutes, is amended to read:
41-1079. Information required to be provided; exception
A. An agency that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license:
1. A list of all of the steps the applicant is required to take in order to obtain the license.
2. The applicable licensing time frames.
3. The name and telephone number of an agency contact person who can answer questions or provide assistance throughout the application process.
4. a copy of the comprehensive list of items that the agency has made available to the public on the agency's website pursuant to section 41-1074.
B. This section does not apply to the Arizona peace officer standards and training board established by section 41-1821.