A. This Article does not apply to any of the following:
- 1. A license not requiring an application.
- 2. A license conferred by a notification to the Department of an event, activity, or facility and that is not conferred by the Department in the form of a written license issued to the prospective licensee in response to the notification.
- 3. A license issued at the Department’s initiative.
- 4. A license issued by default if the Department does not make a licensing decision within a time identified in statute or rule.
- 5. A license not identified in a category shown on the license tables.
- 6. A license required under an abatement or compliance order or consent agreement, if a time-frame in the order or consent agreement is different than the time-frame for the license category. The time-frame in the order or consent agreement shall supersede the time-frame for the license category.
- 7. An application for which the applicant is not the prospective licensee.
- 8. Compliance activity by licensees in conformance with an issued license except for license renewal or revision activity.
- 9. Contractual activity under A.R.S. § 41-1005(A)(15).
- 10. Activity that leads to the revocation, suspension, annulment, or withdrawal of a license.
- B. If an application becomes subject to this Article, it remains subject to the terms of the original license category in which it was classified unless the application is withdrawn, is altered by a licensing time-frames agreement, or is changed under R18-1-516. If altered by a licensing time-frames agreement, the terms of the original license category are modified only to the extent expressly stated in the licensing time-frames agreement.
- C. If an Arizona statute or other rule in this Title conflicts with this Article, the statute or other rule governs except that only this Article determines whether an applicant is entitled to a refund and fee excusal due to Department failure to notify an applicant of a licensing decision within a licensing time-frame under A.R.S. § 41-1077(A).
Historical Note
New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).