26-321. State of emergency; tolling; permit, license, approval or other authorization; extension; requirements; exceptions; definitions
A. A state of emergency proclamation by the governor in response to an event that causes this state or a county, city or town to alter or limit ordinary government operations tolls the period remaining to exercise the rights under any permit, license, approval or other authorization necessary for subdividing land, developing land, constructing buildings or constructing, repairing, replacing or modifying any improvement to real property issued by the department of environmental quality or a county, city or town.
B. The tolling period prescribed by subsection A of this section runs from the date the issuing authority determines that the ordinary government operations in effect before the state of emergency proclamation were altered or limited until the date the issuing authority determines that the authority has returned to the ordinary government operations in effect before the state of emergency proclamation and the period remaining to exercise the rights under the permit, license, approval or other authorization is extended for an additional six months after the tolling period. If the permit, license, approval or other authorization does not expire during the tolling and extension period, the original expiration date shall be retained unless extended at the discretion of the issuing authority. The issuing authority may require written notice of intent to extend a permit, license, approval or other authorization as a condition of exercising the extension period under this section, except that the issuing authority must provide actual written notice to the holder of the permit, license, approval or other authorization of such a requirement at least thirty days before the expiration of the permit, license, approval or other authorization.
C. The issuing authority shall conspicuously post a statement on its website as soon as practicable following the determination that the authority has returned to the ordinary government operations in effect before the state of emergency proclamation was issued that includes:
1. The date on which the issuing authority determined that the authority's ordinary government operations were altered or limited.
2. The date on which the issuing authority returned to ordinary government operations in effect before the state of emergency proclamation was issued.
3. The date on which the permit, license, approval or other authorization extended under subsection B of this section will expire and notice that any permit, license, approval or other authorization that expires after that date will retain its original expiration date.
4. The process for the holder of the permit, license, approval or other authorization to provide written notice of intent to exercise the extension period provided by this section, if required by the issuing authority as provided by this section.
D. A permit, license, approval or other authorization that is extended by this section shall be governed by the laws, administrative rules, ordinances and other legal requirements that governed the activity or conduct authorized by the permit, license, approval or other authorization on the effective date of the state of emergency, unless any party or the issuing authority demonstrates that operating under those laws, administrative rules, ordinances or other legal requirements will create an immediate threat to the public health or safety.
E. Unless otherwise prohibited during the state of emergency and except as provided by this section, during the tolled and extended period, the issuing authority may not prohibit or impose any penalty or fine for any activity if the activity was allowed under the permit, license, approval or other authorization issued before or during the state of emergency.
F. If a permit, license, approval or other authorization for a phased development or construction project is extended, the commencement dates or completion dates for any required future work, permits, licenses, approvals or other authorizations are extended so that those activities occur in the same time frame relative to the phase as originally permitted, licensed, approved or otherwise authorized.
G. This section does not apply to:
1. A permit, license, approval or other authorization for activity located outside the area for which the state of emergency applies.
2. A permit, license, approval or other authorization of which the extension is prohibited or otherwise regulated by federal law or requires approval by a federal agency.
3. The holder of a permit, license, approval or other authorization that, before the effective date of the state of emergency, is determined by the issuing authority to be in significant noncompliance with the conditions of the permit, license, approval or other authorization through the issuance of a warning letter or notice of violation, the initiation of formal enforcement or an equivalent action.
4. A permit, license, approval or other authorization that is subject to a court order specifying an expiration date that would be in conflict with an extension prescribed by this section.
5. A transaction privilege tax license issued by this state or a county, city or town.
6. A business license issued by a county, city or town.
H. This section does not:
1. Restrict this state or a county, city or town from requiring property to be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, ordinances or other legal requirements.
2. Prevent a county health department from collecting fees for a permit, license, approval or other authorization for programs and activities delegated by the department of environmental quality and department of health services.
3. Prevent this state or a county, city or town from collecting an annual fee required to maintain a permit, license, approval or other authorization in good standing.
I. For the purposes of this section:
1. " Issuing authority" means the department of environmental quality or a county, city or town that issued a permit, license, approval or other authorization described in this section.
2. " Ordinary government operations" includes maintaining hours of operation, allowing physical or public access to government buildings or facilities, visiting and inspecting businesses, processing applications, making personnel available and conducting governing board meetings.
Structure Arizona Revised Statutes
Title 26 - Military Affairs and Emergency Management
§ 26-102 - Powers and duties of the adjutant general
§ 26-104 - Assistant adjutants general; appointment; qualifications
§ 26-105 - Border security fund; exemption; reimbursement
§ 26-106 - Anti-human trafficking grant fund
§ 26-121 - Composition of militia; persons exempt
§ 26-122 - Components of militia
§ 26-123 - Maintenance of private troops prohibited; violation; classification
§ 26-126 - Violations; classifications
§ 26-152 - National guard fund; camp Navajo fund
§ 26-153 - Morale, welfare and recreational fund; sources of monies; exemptions
§ 26-154 - Organizational structure of national guard
§ 26-155 - Enlistment; appointment of officers
§ 26-157 - Officer's uniform allowances
§ 26-158 - State active duty; employment benefits; travel allowances
§ 26-159 - Powers of commanding officers; defense of officer to action based on act or omission
§ 26-160 - Oaths or affirmations
§ 26-161 - Retirement; retention of commission after withdrawal of federal recognition
§ 26-162 - Discharge of officer; grounds and procedure
§ 26-163 - Discharge of enlisted personnel; grounds; type of discharge
§ 26-168.01 - Excused military absences; higher education: definition
§ 26-170 - Unauthorized wearing of uniform; rank insignia; violation; classification
§ 26-173 - Payment of mobilization expenses
§ 26-174 - Arizona state guard; establishment; purpose; appropriations
§ 26-175 - Active duty tours for volunteers during peace time
§ 26-176 - Premiums on bonds of national guard officers
§ 26-177 - Opinions of attorney general
§ 26-178 - Illegal possession of equipment; classification
§ 26-179 - Tuition and fees reimbursement; eligibility; exemption
§ 26-180 - Application for tuition and fees reimbursement; times
§ 26-181 - Evaluation of applications; payment of tuition and fees reimbursement; report
§ 26-203 - Actions or proceedings against members of military courts prohibited
§ 26-205 - Duty of civil officers to execute process of military court
§ 26-208 - Time and place of confinement; payment of fine and disposition
§ 26-232 - Protection of property
§ 26-234 - Property and disbursing officer; appointment; duties
§ 26-251 - Acquisition of lands by United States for military purposes
§ 26-253 - Power of state to serve process upon land ceded United States for military purposes
§ 26-261 - Military affairs commission; confidential discussions and information; definition
§ 26-263 - Appropriations; purposes; exemption
§ 26-302 - General powers of governor
§ 26-304 - State emergency council; membership; powers and duties; definition
§ 26-305.01 - Nuclear emergency plan; duties of division and director
§ 26-305.03 - Electromagnetic pulse preparedness recommendations; posting; definition
§ 26-306 - Powers and duties of the director of emergency management
§ 26-306.01 - Assessment on commercial nuclear generating stations
§ 26-306.02 - Nuclear emergency management fund; exemption; appropriation reduction
§ 26-308 - Powers of local government; local emergency management establishment; organization
§ 26-309 - Mutual aid; responsibilities of agencies and officials; agreements; definition
§ 26-310 - Use of professional skills
§ 26-312 - Authority of executive officers and governing bodies to accept materials or funds
§ 26-313 - Reimbursement to state agencies; use of state agency resources
§ 26-315 - Political activities prohibited
§ 26-316 - Enforcement of orders, rules and regulations
§ 26-317 - Violation; classification
§ 26-319 - Commercial nuclear generating station; emergency planning zone; recording
§ 26-320 - First informer broadcasters; training and certification; access; definitions
§ 26-403 - Emergency management assistance compact revolving fund; purpose; exemption
§ 26-404 - Deployment of private sector workers to affected states; liability protection; definition
§ 26-1002 - Persons subject to the code
§ 26-1003 - Jurisdiction to try personnel
§ 26-1004 - Dismissed officer's right to trial by court-martial
§ 26-1005 - Territorial applicability
§ 26-1006 - State judge advocate; staff judge advocates
§ 26-1008 - Apprehension of deserters
§ 26-1009 - Authority to order arrest
§ 26-1010 - Restraint of persons charged with offenses
§ 26-1011 - Receiving of prisoners at civilian correction facility; statement
§ 26-1013 - Punishment before trial; prohibition
§ 26-1014 - Delivery of offenders to civil authorities
§ 26-1015 - Commanding officer; nonjudicial punishments; appeal
§ 26-1016 - Courts-martial; classifications
§ 26-1017 - Jurisdiction of courts-martial; in general
§ 26-1018 - Jurisdiction of general courts-martial
§ 26-1019 - Jurisdiction of special courts-martial
§ 26-1020 - Jurisdiction of summary courts-martial
§ 26-1021 - Jurisdiction of courts-martial not exclusive
§ 26-1022 - Convening of general courts-martial
§ 26-1023 - Convening of special courts-martial
§ 26-1024 - Convening of summary courts-martial
§ 26-1025 - Service on courts-martial
§ 26-1026 - Military judge of a general or special court-martial
§ 26-1027 - Detail of trial counsel and defense counsel
§ 26-1028 - Detail or employment of reporters and interpreters
§ 26-1029 - Absent and additional members
§ 26-1030 - Charges and specifications
§ 26-1031 - Compulsory self-incrimination; prohibition
§ 26-1033 - Forwarding of charges
§ 26-1034 - Advice of staff judge advocate; reference for trial
§ 26-1035 - Service of charges
§ 26-1036 - Governor's rule making authority
§ 26-1037 - Unlawfully influencing action of court
§ 26-1038 - Duties of trial counsel and defense counsel
§ 26-1043 - Statute of limitations
§ 26-1045 - Pleas of the accused
§ 26-1046 - Opportunity to obtain witnesses and other evidence
§ 26-1047 - Refusal to appear or testify
§ 26-1050 - Admissibility of records of courts of inquiry
§ 26-1051 - Voting and rulings
§ 26-1052 - Number of votes required
§ 26-1053 - Announcement of action
§ 26-1055 - Sentences; reduction in enlisted grade on approval
§ 26-1057 - Effective date of sentences
§ 26-1058 - Execution of confinement
§ 26-1059 - Error of law; lesser included offense
§ 26-1060 - Action by the convening authority
§ 26-1061 - Withdrawal of appeal
§ 26-1062 - Appeal by the state
§ 26-1064 - Review by judge advocate
§ 26-1065 - Disposition of records
§ 26-1067 - Court of military appeals; members; terms; compensation; duties; review; procedures
§ 26-1070 - Appellate counsel; civilian counsel
§ 26-1071 - Suspension of sentence
§ 26-1072 - Vacation of suspension
§ 26-1073 - Petition for a new trial
§ 26-1074 - Remission and suspension
§ 26-1076 - Finality of proceedings, findings and sentences
§ 26-1078 - Accessory after the fact
§ 26-1079 - Conviction of lesser included offense
§ 26-1083 - Fraudulent enlistment, appointment or separation
§ 26-1084 - Unlawful enlistment, appointment or separation
§ 26-1086 - Absence without leave
§ 26-1088 - Contempt toward officials
§ 26-1089 - Disrespect toward superior commissioned officer
§ 26-1090 - Assaulting or willfully disobeying superior commissioned officer
§ 26-1091 - Insubordinate conduct toward warrant officer or noncommissioned officer
§ 26-1092 - Failure to obey order or rule
§ 26-1093 - Cruelty and maltreatment
§ 26-1094 - Mutiny or sedition
§ 26-1095 - Resistance, breach of arrest and escape
§ 26-1096 - Releasing prisoner without proper authority
§ 26-1097 - Unlawful detention
§ 26-1098 - Noncompliance with procedural rules
§ 26-1099 - Misbehavior in time of public danger; definition
§ 26-1103 - Captured or abandoned property
§ 26-1107 - False official statements
§ 26-1108 - Military property; loss, damage, destruction or wrongful disposition
§ 26-1109 - Property other than military property; waste, spoilage or destruction
§ 26-1110 - Improper hazarding of vessel or aircraft
§ 26-1111 - Drunken or reckless driving
§ 26-1113 - Misbehavior of sentinel or lookout
§ 26-1116 - Riot or breach of peace
§ 26-1117 - Provoking speeches or gestures
§ 26-1118 - Wrongful use and possession of controlled substances
§ 26-1121 - Larceny and wrongful appropriation
§ 26-1124 - Making, drawing or uttering check, draft or order without sufficient monies; definition
§ 26-1132 - Frauds against the United States
§ 26-1133 - Conduct unbecoming an officer and a gentleman
§ 26-1134 - General misconduct
§ 26-1137 - Articles; explanation
§ 26-1138 - Complaints of wrongs