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Substantive Policy Statement

Per Arizona revised Statutes (A.R.S.) § 41-1091(B): This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona administrative procedure act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under A.R.S. § 41-1033 for a review of the statement.

Inapplicability of A.A.C. R2-19-107 in computing statutory time limits of A.R.S. §41-1092 et seq.; Reference Number PS - 2.0

The statutory time limits of the Uniform Administrative Appeals Procedures, Title 41, Chapter 6, Article 10, A.R.S. §41-1092 et seq., are governed by A.R.S. §1-243. These include the setting of hearings, A.R.S. §41-1092.05(A); prior notice of hearing, A.R.S. §41-1092.05(D); issuance of administrative law judge decisions, A.R.S. §41-1092.08(A); and subsequent agency action in lieu of certification of the recommended decision as the final administrative decision, A.R.S. §41-1092.08(D). A.R.S. §1-243(A) provides that "…the time in which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is a holiday, and then it is also excluded." A.R.S. §1-301 enumerates specific State holidays, which includes Sundays.

In light of A.R.S. §1-243(A), for time computation purposes A.A.C. R2-19-107 is necessarily limited in scope to the time limits prescribed in prehearing and hearing procedures and does not impact the statutory time calculations.