1. A. The Department incorporates FC Chapter 8 in whole, unless otherwise specified:

   1. 1. Part 8-1 Code Applicability;
   2. 2. Part 8-2 Plans Submission and Approval;
   3. 3. Part 8-3 Permit to Operate in part;
   4. 4. Part 8-4 Inspection and Correction of Violations in part; and
   5. 5. Part 8-5 Prevention of Foodborne Disease Transmission by Employees.
2. B. In FC Part 8-3, the Department does not accept requirement in Section 8-303.30, Denial of Application for Permit, Notice.

3. C. In addition to the requirements in FC Part 8-3, Section 8-302.14, the Department requires an applicant for a FOOD ESTABLISHMENT application include:

   1. 1. The name, title, address, and telephone number of the owner’s statutory agent or the individual designated by the owner to accept service of process and subpoenas;
   2. 2. Whether the applicant agrees to allow the REGULATORY AUTHORITY to submit a supplemental request for additional information or documentation in subsection (E);
   3. 3. An attestation that the applicant authorizes the REGULATORY AUTHORITY to verify all information provided in the application packet; and
   4. 4. An applicant who operates FOOD ESTABLISHMENTS at multiple locations shall submit an application for each location.

4. D. In addition to the requirements in FC Part 8-3, Section 8-303.20, the Department requires a licensee for a FOOD ESTABLISHMENT license renewal include:

   1. 1. Except for a FOOD ESTABLISHMENT operated by a state prison or behavioral health facility licensed by the Department, a FOOD ESTABLISHMENT’S license number and expiration date;
   2. 2. Whether the applicant agrees to allow the REGULATORY AUTHORITY to submit supplemental request for additional information or documentation in subsection (E); and
   3. 3. An attestation that the applicant authorizes the REGULATORY AUTHORITY to verify all information provided in the application packet.

5. E. In addition to FC Part 8-3, the Department adds application and license renewal time-frame requirements:

   1. 1. The overall time-frame begins, for:

      1. a. An application packet, on the date a REGULATORY AUTHORITY receives the applicant’s application packet.
      2. b. A license renewal packet, on the date a REGULATORY AUTHORITY receives the applicant’s license renewal packet.
   2. 2. An applicant and a REGULATORY AUTHORITY may agree in writing to extend the substantive review time-frame and the overall time-frame. The substantive review time-frame and the overall time-frame may not be extended by more than 25% of the overall time-frame.

   3. 3. Within the administrative completeness review time-frame specified in Table 1.1, a REGULATORY AUTHORITY shall:

      1. a. Provide a notice of administrative completeness to an applicant; or
      2. b. Provide a notice of deficiencies to an applicant, including a list of the missing information or documents.

   4. 4. If the REGULATORY AUTHORITY provides a notice of deficiencies to an applicant:

      1. a. The administrative completeness review time-frame and the overall time-frame are suspended from the date of the notice of deficiencies until the date the REGULATORY AUTHORITY receives the missing information or documents from the applicant;
      2. b. If the applicant submits the missing information or documents to the REGULATORY AUTHORITY within the time-frame in Table 1.1, the substantive review time-frame resumes on the date the REGULATORY AUTHORITY receives the missing information or documents; and
      3. c. If the applicant does not submit the missing information or documents to the regulatory authority within the time-frame in Table 1.1, the regulatory authority shall consider the application withdrawn.
   5. 5. If a REGULATORY AUTHORITY issues a license or notice of approval during the administrative completeness review time-frame, the REGULATORY AUTHORITY may choose not to issue a separate written notice of administrative completeness.

   6. 6. Within the substantive review time-frame specified in Table 1.1, a REGULATORY AUTHORITY:

      1. a. Shall approve or deny:

         1. i. An application, or
         2. ii. A license renewal;
      2. b. May make one written comprehensive request for additional information or documentation; and
      3. c. May make supplemental requests for additional information and documentation if agreed to by the applicant or license holder.

   7. 7. If a REGULATORY AUTHORITY provides a written comprehensive request for additional information or documentation or a supplemental request to an applicant or license holder:

      1. a. The substantive review time-frame and overall time-frame are suspended from the date of the written comprehensive request or supplemental request until the date the REGULATORY AUTHORITY receives the information and documents requested; and
      2. b. An applicant or license holder shall submit the information and documents listed in the written comprehensive request in a format provided by the REGULATORY AUTHORITY within 15 calendar days after the date of the written comprehensive request or supplemental request.

   8. 8. The REGULATORY AUTHORITY shall issue to an applicant or license holder, as applicable:

      1. a. An approval for:

         1. i. An application, or
         2. ii. A license renewal; or

      2. b. A denial, including the reason for the denial and the appeal process in A.R.S. Title 41, Chapter 6, Article 10, if an applicant or license holder:

         1. i. Does not submit all of the information and documentation listed in a written comprehensive request or supplemental request for additional information or documentation; or
         2. ii. Does not comply with A.R.S. § 36-136 and this Article.

6. F. In FC Part 8-4, the Department:

   1. 1. In Section 8-402.11 requires “The REGULATORY AUTHORITY to comply with A.R.S. § 41-1009 when performing inspections.”

   2. 2. Does not accept requirements in:

      1. a. Section 8-402.20, Refusal, Notification of Right to Access, and Final Request for Access;
      2. b. Section 8-402.30, Refusal, Reporting;
      3. c. Section 8-402.40, Inspection Order to Gain Access; and
      4. d. Section 8-403.10, Documenting Information and Observation.
   3. 3. In Section 8-403.50 requires “A REGULATORY AUTHORITY treat the inspection report as a public document and shall make it available for disclosure to a PERSON who requests it as provided in LAW.”

   4. 4. In Section 8-404.12 requires “A REGULATORY AUTHORITY approve or deny resumption of operations within five days after receipt of the license holder’s request to resume operations.”

      Table 1.1. Time-frames (in calendar days)
      Type of Approval	Statutory Authority	Overall Time-frame	Administrative Completeness Review	Respond to Deficiency Notice	Substantive Review
      Application	A.R.S. § 36-136(I)(4)	90	45	180	45

      Renewal

      A.R.S. § 36-136(I)(4)

      90

      45

      180

      45

Historical Note

New Section made by final rulemaking at 7 A.A.R. 1719, effective October 3, 2001 (Supp. 01-2). Section repealed; new Section made by final rulemaking at 26 A.A.R. 1516, with an immediate effective date of July 8, 2020 (Supp. 20-3).

License

New Table 1.1 made by final rulemaking at 26 A.A.R. 1516, with an immediate effective date of July 8, 2020 (Supp. 20-3).