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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
administrative completeness review; licensing
Purpose
Requires a state agency to make available on its website and to applicants for a license a comprehensive list of items that are needed for an application to be deemed administratively complete. Modifies requirements relating to compliance with administrative completeness review time frames.
Background
Statute requires a state agency that issues licenses to have in place rules establishing an overall time frame during which the state agency will either grant or deny each type of license that it issues. The rules regarding the overall time frame for each type of license must state separately the administrative completeness review time frame and the substantive review time frame. If a statutory licensing time frame already exists for a state agency but the statutory time frame does not specify separate time frames for administrative completeness review or substantive review, by rule the state agency must establish separate time frames for the administrative completeness review and substantiative review that do not exceed the statutory time frame (A.R.S. § 41-1073).
If a state agency determines that an application is not administratively complete, the state agency must include a comprehensive list of the specific deficiencies in the written notice of deficiencies in accordance with statute. If the state agency issues a written notice of deficiencies within the administrative completeness review time frame, the administrative completeness review time frame and overall time frame are suspended from the date the notice is issued until the date that the state agency receives the missing information from the applicant (A.R. S. § 41-1074).
Statute defines administrative completeness review time frame as the number of days from agency receipt of an application for a license until an agency determines that the application contains all components required by statute or rule, including all information required to be submitted by other government agencies. Substantive review time frame is the number of days after the completion of the administrative completeness review time frame during which an agency determines whether an application or applicant for a license meets all the substantive criteria required by statute or rule (A.R.S. § 41-1072).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a state agency to make available to the public on the agency's website a comprehensive list of items that are needed for an application to be deemed administratively complete.
2. Requires a state agency that issues licenses to provide, at the time an applicant obtains an application, a copy of the comprehensive list of items that the agency has made available to the public on the agency's website.
3. Deems an application with a state agency as administratively complete if the agency issues a timely written notice of deficiencies that is substantive in nature within the administrative completeness review time frame.
4. Prohibits a state agency from:
a) determining the substantive merits or outcome of an application or notifying 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; or
b) making a final decision on an application or notifying 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 unless the document or report was subject to public inspection and the applicant has an opportunity to challenge the document or report and its findings before submitting the application.
5. Makes conforming changes.
6. Becomes effective on the general effective date.
House Action
GOV 1/17/24 DP 7-0-0-2
3rd Read 2/5/24 31-26-0-0-3
Prepared by Senate Research
February 26, 2024
JT/slp