Public Report Issuance

1. Collect Required Documents
2. Fill Out Application
3. Submit Application
4. Pay Fees
5. Inspection(s)
6. Submit Advertising

Before a developer may market subdivided lots, a public report must first be approved by the department of real estate and publicly recorded. The following is a brief description of the major steps in obtaining a Final Public Report. Please note that this procedure and the mandated time frames do not apply to applications for preliminary public reports, Interim Public Reports, Conditional Public Reports, and Amended or Renewed Reports).

1. Secure all the required documents listed in the application.
2. Answer all questions in the application.
3. File this complete application, together with the required documents, at either office of the Department of Real Estate (DRE). An initial fee of $500.00 must accompany this application pursuant to A.R.S. § 32-2182. This application will not be accepted for initial processing unless Section III had been completed and payment of the $500.00 fee received.
4. Payment of all fees related to this application must be by check made payable to the DRE.
5. One or more site inspections of the development may be performed by the DRE to verify, among other things, timely completion of improvements. Inspection costs, including travel and subsistence expenses, shall be paid by the applicant pursuant to A.R.S. § 32-2182.
6. Within 10 days after a request by the DRE, the subdivider shall submit subdivision advertising material.

• The applicant for public report shall submit as part of the application a prepared public report on diskette, in accordance with the procedures shown in Exhibit B. If the public report contains an error, the DRE shall correct the report at its own expense. Additional or changed information that was known to the applicant before issuance of the report is not an error. No public report shall be corrected after it has been in effect for 10 days. After 10 days, the report shall only be changed through the amendment process, established in Rule R4-28-B1203, with payment of the amendment fee of $250.00 pursuant to A.R.S §32-2184.
• The DRE is required by law to process this application in accordance with established time frames. The following is a description of the time frames and procedures that the DRE and applicant must comply with:
  1. Overall time frame. The DRE shall issue or deny a public report within the overall time frame after receipt of the complete application. The overall time frame is the total of the number of days provided in the administrative completeness review and the substantive review.

     	Administrative Completeness	Deficiency Completion	Substantive Completeness	Additional Information	Overall Time-frame
     	Review	Period	Review	Period
     Original Application	40	40	60	40	100
     Amendment	30	30	30	30	60

  2. Administrative completeness review.
     1. The administrative completeness review time frame begins the date the DRE receives the application. The DRE shall notify the applicant in writing of deficiencies within the administrative completeness review time frame. The notice shall specify what information is missing. If the DRE does not provide notice to the applicant, the application shall be deemed administratively complete.
     2. An applicant with an incomplete application shall supply the missing information within the completion period shown in the above table. The administrative completeness review time frame is suspended from the date of the DRE's deficiency notice until the DRE receives the information.
     3. An applicant shall not supply missing information "piece-meal." The receipt of any missing information will be interpreted as the applicants response to the DRE's deficiency notice and the DRE will resume processing the application.
     4. If the applicant fails to submit all of the missing information before the completion deadline, the DRE will close the file. An applicant whose file has been closed and who later wishes to obtain a public report shall submit a new application.
  3. Substantive review. The substantive review time frames shown in the above table begin the day after the application is deemed administratively complete.
  1. The DRE may schedule an inspection.
  2. If the DRE makes a comprehensive written request for additional information, the applicant shall submit the additional information identified by the request within the additional time period shown in the above table. The substantive review time frame is suspended from the date of the DRE's request until the DRE receives the information. If the applicant fails to provide the information identified in the request, the DRE shall deem the application withdrawn and close the file.
  3. An applicant shall not supply the requested additional information “piece-meal.” The receipt of any requested information will be interpreted as the applicant’s response to the DRE’s request for additional information and the DRE will resume processing the application.
  4. Unless the file has been closed because the application was incomplete, the DRE shall issue a written notice granting or denying the public report within the substantive review time frame. If the application is denied, the DRE shall send the applicant written notice explaining the reason for the denial, the applicant's right to seek a fair hearing, and the time period and manner in which the applicant may appeal the denial.
• Application filing. All development applications filed with the DRE shall be considered filed on the date received by the DRE.
• Computation of time. In computing any period of time, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is Saturday, Sunday or a legal holiday in which event the period runs until the end of the next day which is neither Saturday, Sunday nor a legal holiday.
• The subdivider is given the original of the Public Report for reproduction of as many copies as it is anticipated will be needed for distribution to all prospective purchasers.
• Each recipient of a Public Report must sign a receipt for it. The receipts must be kept by the subdivider.