A. An applicant for a license subject to this article may request a district to clarify its interpretation or application of a statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement affecting the procurement of that license by providing the district with a written request that states:

Terms Used In Arizona Laws 48-3649

  • District: means a district organized pursuant to article 1 of this chapter. See Arizona Laws 48-3641
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • License: includes the whole or part of any district permit, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 48-3641
  • Statute: A law passed by a legislature.
  • Substantive policy statement: means a written expression that is only advisory and that informs the general public of a district's current approach to, or opinion of, the requirements of the ordinances or regulations, including, if appropriate, the district's current practice, procedure or method of action based on that approach or opinion. See Arizona Laws 48-3641

1. The name and address of the applicant requesting the clarification.

2. The statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement that requires clarification.

3. Any facts relevant to the requested ruling.

4. The applicant’s proposed interpretation of the applicable statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement.

5. Whether, to the best knowledge of the applicant, the issues or related issues are being considered by the district in connection with an existing license or license application.

B. On receipt of a request that complies with subsection A, the district may meet with the applicant to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The district shall provide the applicant with an opportunity to meet and discuss the district’s written explanation.

C. A district may modify a written explanation provided under subsection B on written notice to the applicant if required by a change in the law that was applicable at the time the clarification of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision.