32-2193.38. Final decision and order on claim; notice

A. The commissioner shall make a final written decision and order on a claim within ninety calendar days after the date the commissioner receives a completed application except in the following cases:

1. A proration hearing is pending under section 32-2193.34, subsection G.

2. An application is deficient or fails to comply substantially with the requirements of section 32-2193.34 or rules adopted pursuant to this article as determined pursuant to section 32-2193.36. The ninety day time period begins under this subsection on the date the department receives an application that is substantially complete.

3. The claimant agrees in writing to extend the time for making a decision.

B. If the commissioner fails to render a written decision and order on a claim within ninety calendar days or within an extended period of time provided under subsection A of this section, the claim is considered to be approved on the day following the final day for rendering the decision.

C. The commissioner shall give notice of a decision and order with respect to the claim to the claimant and to any judgment debtor who has filed a timely response to the claim pursuant to section 32-2193.35 as follows:

1. If the commissioner denies the application, the notice shall state that:

The claimant's application has been denied and the claimant may pursue the application in court pursuant to section 32-2193.39, Arizona Revised Statutes.

2. If the commissioner approves a payment to the claimant from the condominium recovery fund, the commissioner shall give notice of the decision to the judgment debtor with a copy of the decision and order and shall advise the subdivider that the subdivider's public report will be automatically suspended, pending repayment to the fund, plus interest at the rate provided by section 44-1201, subsection A. This notice shall describe the subdivider's right to appeal the determination, if any, and shall state that failure by the judgment debtor to timely file a response constitutes a waiver of objection.

32-2193.38. Final decision and order on claim; notice

A. The commissioner shall make a final written decision and order on a claim within ninety calendar days after the date the commissioner receives a completed application except in the following cases:

1. A proration hearing is pending under section 32-2193.34, subsection G.

2. An application is deficient or fails to comply substantially with the requirements of section 32-2193.34 or rules adopted pursuant to this article as determined pursuant to section 32-2193.36. The ninety day time period begins under this subsection on the date the department receives an application that is substantially complete.

3. The claimant agrees in writing to extend the time for making a decision.

B. If the commissioner fails to render a written decision and order on a claim within ninety calendar days or within an extended period of time provided under subsection A of this section, the claim is considered to be approved on the day following the final day for rendering the decision.

C. The commissioner shall give notice of a decision and order with respect to the claim to the claimant and to any judgment debtor who has filed a timely response to the claim pursuant to section 32-2193.35 as follows:

1. If the commissioner denies the application, the notice shall state that:

The claimant's application has been denied and the claimant may pursue the application in court pursuant to section 32-2193.39, Arizona Revised Statutes.

2. If the commissioner approves a payment to the claimant from the condominium recovery fund, the commissioner shall give notice of the decision to the judgment debtor with a copy of the decision and order and shall advise the subdivider that the subdivider's public report will be automatically suspended, pending repayment to the fund, plus interest at the rate provided by section 44-1201, subsection A. This notice shall describe the subdivider's right to appeal the determination, if any, and shall state that failure by the judgment debtor to timely file a response constitutes a waiver of objection.