Arizona Administrative Code, Title 1 — Rules and the Rulemaking Process

Ariz. Admin. Code tit. 1, ch. 2 [REPEALED]

Ariz. Admin. Code tit. 1, ch. 3 Reserved

Ariz. Admin. Code tit. 1, ch. 4 Reserved

Ariz. Admin. Code tit. 1, ch. 5 Reserved

Chapter 1 SECRETARY OF STATE - RULES AND RULEMAKING

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R1-1-101 Definitions

In addition to the terms defined under A.R.S. § 41-1001, these words are defined for use in this Chapter unless the context otherwise requires:

"Administrative Procedure Act," "APA," or "Act" means Arizona Revised Statutes, Title 41, Chapter 6, Administrative Procedure.

"Agency" has the same meaning as in A.R.S. § 41-1001.

"Amend" means to change, correct, or revise some but not all text in any Section, Part, Article, Subchapter or Chapter.

"Appendix" means supplementary material to a set of rules, written in prose format.

" Arizona Administrative Code" or " Code " has the same meaning as in A.R.S. § 41-1001(2). It contains "the full text of each final rule filed with the secretary of state and each rule made pursuant to a statutory exemption..." A.R.S. § 41-1012(A)

" Arizona Administrative Register" or " Register " has the same meaning as in A.R.S. § 41-1001(17). The Register contains rulemaking documents and public records as listed in A.R.S. § 41-1013(B) et seq.

" Arizona Rulemaking Manual" means the state's rulemaking handbook. It is prepared by the Office as a guide to Arizona rulemaking.

"A.R.S." means the Arizona Revised Statutes, a reference to the laws of the state of Arizona.

"Article" means a division of rules under a Code Chapter that contains a unified set of rules.

"Authority" means the statutory right or power to make, amend, or repeal rules.

"Authority note or notes" means an agency's implementing and authorizing statutes to make, amend, or repeal rules. An agency may request an authority note be published at the beginning of a Code Chapter, Subchapter, Article, or Part under R1-1-407.

"Chapter" means a division of the Code , under a Title, that is numbered by the Office and named after a an agency or agency's program.

"Close of record" means the last date and time an agency accepts comments on a Public Record relating to a rulemaking.

" Code " means the Arizona Administrative Code .

"Codification" means the collection and systematic arrangement, by subject, in the Code of the rules that govern a specific area or subject of law or practice. "Commercial purpose" has the same meaning as A.R.S. § 39-121.03.

"Economic, Small Business, and Consumer Impact Statement" has the same meaning as in A.R.S. § 41-1055. It is prepared by an agency and filed with an agency's rulemaking package.

"Electronic media" or "electronic medium" means the distribution format for data storage used on a computer. This includes: floppy disks, CDs, DVDs, and flash (thumb) drives.

"Emergency rule" has the same meaning as in A.R.S. § 41-1001(7).

"Exempt rule" means a rule that is exempt from the provisions of the Act. Exempt rule does not include a rule that is exempt only from Council review.

"Exhibit" means supplementary material used for items that do not fit the definition of an Appendix, Table, or Illustration.

" Governor's Regulatory Review Council," or "Council" has the same meaning as in A.R.S. § 41-1051.

"Heading" means the title for any level of division in the Code .

"Historical note" means information published by the Office after each Section, Appendix, Exhibit, Illustration, or Table in a Chapter. The historical note provides the history of that Section, Appendix, Exhibit, Illustration, or Table, and includes:

The rulemaking action,

The Register citation where the rulemaking was published,

The rule effective date, and

The Code Supplement number in which the Section, Appendix, Exhibit, Illustration, or Table was published.

"Illustration" means supplementary material used for diagrams, pictures, and other graphics.

"Label" means the number or letter assigned to a Code division and its subsections. A label is used to identify a Code division or subsection.

"Notice form" means a form prescribed by the Office and used to file documents for publication.

"Office" means the Department of State, Office of the Secretary of State, Public Services Division.

"Other documents" means a record or other information required by statute to be printed in the Register not listed under R1-1-103(E).

"Part" means a division of the Code between Article and Section.

"Preamble" has the same meaning as in A.R.S. § 41-1001(15).

"Public record," for purposes of this Chapter, means a record that a governmental unit is required by law to retain or that is necessary to keep in discharge of duties imposed by law. Public records include filed rulemaking documents and the rules published in either the Code or the Register .

" Register " means the Arizona Administrative Register .

"Renumber" means to change the numbers of one or more Sections in their entirety. Renumbering does not include changing the labels of subsections within a Section.

"Repeal" means to rescind and remove a Chapter heading, Subchapter heading, Part heading, Article heading, or a Section and its heading in its entirety..

"Rule" has the same meaning as in A.R.S. § 41-1001(18).

"Rulemaking" or "rulemaking process" has the same meaning as in A.R.S. § 41-1001(19).

"Rulemaking action" or "action" means: Repeal, Renumber, Amend, and New Section (or Article). Only one rulemaking action shall be listed per line in a preamble.

"Rulemaking activity" means an agency is actively engaged in rulemaking.

"Rulemaking package" or "rulemaking documents" means a collection of receipts, certificates, notices, rules, and rule-related documents (for example, a copy of a letter or e-mail from the governor stating an agency may proceed with a rulemaking under a rulemaking moratorium executive order) filed with the Office.

"Section" means an individual rule that is a unit of an Article or Part.

"Section number" means the letter-number combination assigned to a Section.

"Subchapter" means a Code division between a Chapter and Article.

"Subsection" means a paragraph in a Section.

"Supplement" means a quarterly Code release.

"Table" means supplementary material organized in a systematic arrangement by columns and rows.

"Title" means a subject area in the codification of the Code .

History

• Adopted effective January 1, 1987 (Supp. 86-6). Amended paragraph (9) effective October 27, 1988 (Supp. 88-4). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-102 Codification Outline

A. All rules made, amended, renumbered, recodified, or repealed and filed with the Office after September 30, 1992, will be published in the Register or the Code, as appropriate under:

1. The Act, or

2. Exempt from all or part of the rulemaking process as required in:

a. The Act, or

b. Arizona Revised Statute, or

c. As provided in the Constitution of Arizona.

B. Rules shall be published within the following Titles:

1. Title 1. Rules and the Rulemaking Process

2. Title 2. Administration

3. Title 3. Agriculture

4. Title 4. Professions and Occupations

5. Title 5. Corrections

6. Title 6. Economic Security

7. Title 7. Education

8. Title 8. Emergency and Military Affairs

9. Title 9. Health Services

10. Title 10. Law

11. Title 11. Mines

12. Title 12. Natural Resources

13. Title 13. Public Safety

14. Title 14. Public Service Corporations; Corporations and Associations; Securities Regulation

15. Title 15. Revenue

16. Title 16. Tax Appeals

17. Title 17. Transportation

18. Title 18. Environmental Quality

19. Title 19. Alcohol, Horse and Dog Racing, Lottery, and Gaming

20. Title 20. Commerce, Financial Institutions, and Insurance

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3).

Ariz. Admin. Code § R1-1-103 Filing Requirements

A. A notice and supporting documents shall be prepared according to the Administrative Procedure Act, Article 3. Rule Making and the requirements in this Chapter.

B.Typesetting specifications.

1. Page layouts shall be set to use a one-inch margin.

2. A font size shall be no smaller than 9 point or larger than 12 point.

3. Line spacing shall be set to be at least 1.5 lines or double-spaced. If applicable, the Economic, Small Business, and Consumer Impact Statement may be single-spaced.

4. Page numbers shall be consecutively numbered on all pages of the rulemaking package in the footer.

5. Footnotes or endnotes shall not be used on a receipt, certificate, preamble or in the text of a rule.

C. Paper file specifications.

1. An original rulemaking package and all copies, shall be printed on one side, and

2. Other notices and all copies shall be printed on one side.

3. Pages shall not be:

a. Stapled,

b. Hole punched, or

c. Or Printed on pleading paper.

4. Two copies shall be made of the original rulemaking package and rule-related documents.

D. Filing Specifications. The original rulemaking package and copies shall be compiled as listed.

1. Two agency receipts shall be placed on top of the original rulemaking package and copies as prepared under R1-1-105.

2. The original rulemaking package and supporting documents shall be collated in sequential order:

a. If applicable, the original signed certificate of approval from either the Council or the Attorney General as prepared under R1-1-105;

b. The original signed agency certificate as prepared under R1-1-105;

c. The original notice, including the Preamble as prepared under the requirements of the notices Section of this Chapter;

d. The table of contents;

e. The original text of the rule to include supplementary material within the rules;

f. If applicable, the Economic, Small Business, and Consumer Impact Statement (A.R.S. § 41-1055); and

g. Other rule-related documents required to be filed with the rulemaking package.

3. The two copies of the rulemaking package and supporting documents shall be collated as listed under subsection (E)(2) and placed under the original documents.

4. An agency shall file only one Chapter per notice for any rulemaking activity. If an agency files more than one Chapter per notice, the Office shall return the notice to the agency.

E. Other notices unrelated to rulemaking that describe official actions, agreements, policies, duties, or guidance shall be filed as specified under statute and this Chapter.

1. Examples of other notice filings include but are not limited to notices of:

a. Agency Ombudsman (R1-1-212),

b. Substantive Policy Statement (R1-1-210),

c. Agency Guidance Document (R1-1-210),

d. Proposed or Final Delegation Agreement (R1-1-208),

e. Formal Rulemaking Advisory Committee (R1-1-206),

f. Objection to a Proposed Expedited Rulemaking (R1-1-802),

g. Public Information, and

h. Petition.

2. Other notices shall be prepared as specified under subsections (A) and (B),

3. Filing specifications. Other notices shall be compiled as listed;

a. Two agency receipts shall be placed on top of the notice as prepared under R1-1-106.

b. The notice shall be placed under the receipts.

c. Other rule-related documents shall be placed under the notice.

4. An agency shall contact the Office if a notice form is not provided in this Chapter.

F.The Office shall return a filing that does not meet the requirements of this Chapter.

History

• Adopted effective January 1, 1987 (Supp. 86-6). Amended subsection (A) effective July 8, 1987; Amended subsection (A) effective September 22, 1987 (Supp. 87-3). Amended subsection (A) effective October 8, 1987; Amended subsection (A) effective December 22, 1987 (Supp. 87-4). Amended subsection (A) effective February 22, 1988 (Supp. 88-1). Amended subsection (A) effective July 13, 1988 (Supp. 88-3). Amended subsection (A) effective October 27, 1988 (Supp. 88-4). Amended subsection (A) effective March 2, 1989 (Supp. 89-1). Amended effective February 21, 1990, and March 8, 1990 (Supp. 90-1). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-104 How to File Documents for Publication

A. Submission deadlines and a publication schedule are printed in the Register . Notices filed are published under this schedule.

B.Filings are accepted during Office hours. Office hours are 8 a.m. to 5 p.m., Monday through Friday, except state holidays. The filing mailing address and location are listed under R1-1-107.

B. C. A rulemaking package shall be filed on paper as required under R1-1-103 . The paper copy is the official document of record.

D.The notice shall also be filed on an electronic medium. This is to ensure accuracy between the filing and the printed version in the Code and Register .

1. Electronic media submissions shall be compatible with the Office's computer system and software. Information about the types of media accepted is available in the Arizona Rulemaking Manual .

2. An agency shall not save electronic format rules as templates, images or in portable document formats.

C. Information other than rulemaking notices required by law to be published in the Register shall be submitted to the Office in an electronic medium and in paper copy. This information includes agency ombudsmen names and addresses, notices of substantive policy statements, notices of guidance documents, notices of proposed and final delegation agreements, and notices of formal rulemaking advisory committees.

D. An agency shall use the correct notice form prescribed by the Office when submitting material to the Office for publication or filing. An agency shall contact the Office when using a form not prescribed by the Office.

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-105 Certificates

A.Agency certificates. An agency certificate is evidence that an agency head or agency head's designee reviewed and approved a rulemaking package.

B.An agency certificate shall be prepared as specified in this Section.

1. An original and two copies of the certificates shall be filed with each rulemaking package.

2. The certificate shall be printed on one side and shall include:

a. The heading "AGENCY CERTIFICATE" in capital letters centered on a line at least one inch from the top of the page;

b. The type of notice the certificate is being attached to in capital letters centered on a line below "AGENCY CERTIFICATE"; and

c. The following items, consecutively numbered:

a. i. The agency name;

b. ii. The Chapter heading;

c. iii. The Code citation for the Chapter;

d. iv. The Subchapters, if applicable; the Articles; the Parts, if applicable; and the Sections involved in the rulemaking, in numerical order;

v. The attestation, "The rules contained in this package are true and correct as proposed, made etc. "

e. vi. The agency chief executive officer's or designee's signature, in ink, affirming to the attestation, that the material being submitted is a true and correct version of the rule. under which shall be the printed or typed name of the person signing the form, the person's title, and the date signed.

f. For a final rule, a statement that no changes have been made since the Council approved the rule if the rule is subject to Council review and approval.

C.Agency certificates, exemption from the rulemaking process.

1. An agency certificate shall be filed with a rulemaking package containing rules exempt from both Council and Attorney General review.

2. The agency certificate shall include the information required in subsection (B) and meet the filing specifications under R1-1-103.

3. The certificate also shall:

a. State the reason why the rules are exempt from review; and

b. List the statutory citations, constitutional provisions, or citations to court decisions that specify the exemption to the rulemaking process.

B. D. Council certificates. A Council certificate is evidence the Council reviewed the rule, and approved the rule in whole or in part.

1. Council certificates shall be filed with a rulemaking package containing rules subject to Council review.

2. A certificate shall be prepared by Council.

3. The certificate shall state:

a. Whether a rule has been approved;

b. Whether a part of a rule or a rule Section has been disapproved;

c. Whether Council, upon review, amended an agency's final rule;

d. If the Council disapproves, under subsection (D)(3)(b), or amends under (D)(3)(c), the Council shall include a statement that the agency was aware of the changes and the name of the person contacted;

e. If applicable, a statement that the agency's immediate effective date, or a date earlier or later than the 60-day effective date has been approved as specified under R1-1-110 and A.R.S. § 41-1032 et seq.

4. The original Council certificate shall be attached to rules approved by Council. The Office shall return a filing if a rulemaking package does not include an original certificate.

C. E. Attorney General certificates. An Attorney General certificate of approval or disapproval is evidence the Attorney General reviewed rules and approved the rule.

1. The Attorney General shall prepare a certificate of approval or disapproval.

2. The original and two copies of the certificate shall be filed with rules subject to Attorney General review.

3. The Office shall return the filing if the rulemaking package does not include an original Attorney General certificate.

4. If the Attorney General does not approve one or more Sections in the rulemaking, the Attorney General shall prepare a certificate of disapproval and list all Sections not approved and file it with the package.

5. If applicable, a statement that the agency's immediate effective date, or a date earlier or later than the 60-day effective date has been approved.

D. An agency certificate accompanying a rulemaking package containing rules exempt from both Council and Attorney General review shall include the information specified in subsections (A)(1) through (3) and shall include a statement specifying why the rules are exempt from review along with a citation to the statutory or constitutional provision or a citation to the court decision specifying the exemption.

E. F. Certificate Signatures.

1. An agency certificate shall have the agency chief executive officer's name and title typed under the ink signature and the date signed. If a designee signs the certificate, the designee's name and title shall be typed under the signature and the date signed.

2. A Council certificate shall have the chairperson's, or the chairperson's designee's, name and title typed under the ink signature and the date signed. If a designee signs the certificate, the designee's name and title shall be typed under the signature and the date signed.

An Attorney General certificate shall have the Attorney General's name and title typed under the ink signature and the date signed. If a designee signs the certificate, the designee's name and title shall be typed under the signature and the date signed.

The Office shall not accept an agency certificate that contains one person's signature and another person's typed name.

G. Notices filed without certificates as specified in this Section shall be returned.

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-106 Receipts

A. A receipt, time- and date-stamped by the Office, is evidence a notice was filed.

B. An agency shall prepare a receipt as outlined in this Section and specified under R1-1-103 .

C.Two receipts shall be filed with every notice.

D.The original receipt and copy shall be printed on one side and shall include:

1. The heading "AGENCY RECEIPT" in capital letters centered on a line at least one inch from the top of the page;

2. The type of notice in capital letters centered on a line below "AGENCY RECEIPT"; and

3. For rulemaking packages and related notices the following items, consecutively numbered:

a. The agency's name; and

b. If applicable, the Title, Chapter, Subchapter, Article, Part, and Sections that are contained in the rulemaking package and each rulemaking action.

4. For other non-rule related documents:

a. The agency name, and

b. The subject of the notice.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-107 Where to File

To file:

1. In person at the State Capitol Executive Tower, 1700 West Washington, 7th Floor, Phoenix, Arizona; or

2. By inter-agency mail, use the address above; or

3. By mail the address is Secretary of State, Public Services Division, 1700 West Washington Street, 7th Floor, Phoenix, Arizona 85007-2808.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-108 Editing and Relabeling by the Office

The Office may edit and relabel the text of rules under A.R.S. § 41-1011.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-109 Corrections

A. Agency Substantial Changes to Rules

1. Notice of Proposed Rulemaking. An Agency shall make a substantial change to rules in a Notice of Proposed Rulemaking by filing a Notice of Supplemental Proposed Rulemaking as outlined under R1-1-507 and A.R.S. § 41-1022(E).

2. Notice of Expedited Rulemaking. An agency may correct, under expedited rulemaking, typographical errors, make address or name changes or clarify language of a rule without changing its effect under A.R.S. § 41-1027(A)(5) and as outlined under Article 8.

B. Office Corrections.

1. The Office may correct a manifest typographical or clerical error under A.R.S. § 41-1011(C).

2. The Office may request written documentation from an agency to clarify the correction.

a. The documentation shall be filed with a copy of the original rulemaking package.

b. The Office shall make and publish the corrections of the manifest typographical or clerical error in the next available issue of the Register or supplement to the Code under the published deadline schedule.

C. If, upon review, an issuing agency discovers an error in its rules as published in the Code or Register , the agency shall notify the Office in writing about the error.

If the error is substantive and was in the document as submitted by the agency, the agency shall go through the regular rulemaking process to correct the error.

If the error is a manifest typographical or clerical error, the agency shall follow the procedure in subsection (B), and the Office shall follow the procedure in subsection (D) to print the correction.

D. If the Office finds an error in the printing of a rulemaking package in the Register or Code or an agency notifies the Office about a manifest typographical or clerical error and follows the procedures specified in this Section, the Office shall correct the error in the next available issue of the Register or supplement to the Code if the Office determines that the error would confuse or mislead the reader. If the error would not confuse or mislead the reader or is in a note or heading not considered part of the rule, the Office shall correct the error and publish the correction in the next supplement to the Code .

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-110 Effective Date

A. A rule becomes effective sixty days after a certified original and two copies of the rule and preamble are filed in the office of the secretary of state. A.R.S. § 41-1032.

1. The Council or the Attorney General may allow an effective date earlier than 60 days.

2. An agency may specify an effective date later than 60 days. The effective date shall be included in the rulemaking package.

B. 3. If the Council approves an expedited rulemaking, and the agency files it under A.R.S. § 41-1027(I), the expedited rule becomes effective 30 days following publication of the Notice of Final Expedited Rulemaking in the Register . A.R.S. § 41-1027(J)

C. 4. A Notice of Recodification is effective on the date filed.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-111 [REPEALED]

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-112 Public Inspection of Documents; Copies

A. Documents filed with the Office under the Act are available for public inspection in the Office during regular office hours. Regular office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except state holidays.

B. A person may request, during regular office hours, a copy of a rulemaking document on file in the Office. The Office shall charge the per-page statutory copy fee specified in A.R.S. § 41-126(A)(1) for all copy requests.

C. The Office shall make available for review incorporated-by-reference material under R1-1-414.

D. A person requesting a certified copy of a document filed in the Office shall pay the statutory certification fee plus the per-page statutory copy fee specified in A.R.S. § 41-126(A).

E. The Office shall collect the fees listed in R1-1-113 for individual issues of the Register or rules published in the Code in both print and electronic media.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-113 Fees

A. The fees for the Register, covering publication and distribution costs, are as follows:

1. For a one-year subscription to the Register in print format:

a. For noncommercial use: $276.

b. For commercial use: $5,500.

2. For a single issue of the Register or a single issue of the Semi-annual Index:

a. In print format for noncommercial use: $7;

b. In print format for commercial use: $125;

c. On electronic medium for noncommercial use: the cost of computer time at $35 per hour or portion of an hour;

d. On electronic medium for commercial use: $125 plus the cost of computer time at $35 per hour or portion of an hour.

B. The fees for the printed Code, covering publication and distribution costs, are as follows:

1. For noncommercial use:

a. For a full set of the Code, including binders: $450.

b. For an annual subscription for quarterly updates to the complete set of the Code: $125.

c. For individual Chapters and Titles:

i. For an entire Title: the sum of the charges for all Chapters within the Title as specified in subsection (B)(1)(c)(ii).

ii. For a Chapter: $1 for one to four pages and $1 for each additional 10 pages or portion of 10 pages.

d. For an individual Code supplement: the sum of the charges of all Chapters within the supplement, as specified in subsection (B)(1)(c)(ii).

2. For commercial use:

a. For a full set of the Code, including binders: $15,000.

b. For individual Chapters and Titles:

i. For a Chapter: $84.

ii. For an entire Title: the sum of the charges for all Chapters within the Title, as specified in subsection (B)(2)(b)(i).

c. For an individual Code supplement: the sum of the charges of all Chapters within the supplement, as specified in subsection (B)(2)(b)(i).

C. The fees for rules on electronic media available to the Office are as follows:

1. For a person, company, organization, business, or governmental agency buying a Chapter on electronic medium for noncommercial use: the cost of computer time at $35 per hour or portion of an hour.

2. For a person, company, organization, business, or governmental agency buying a Chapter on electronic medium for a commercial purpose as stated in A.R.S. § 39-121.03: $85 and computer time at $35 per hour or portion of an hour.

3. For a person, company, organization, business, or governmental agency downloading a Chapter from the internet for a commercial purpose as stated in A.R.S. § 39-121.03: $84.

D. The fee for a binder for the Code: $5.

E. A purchaser shall pay in advance for materials bought from the Office. Payment shall be made by cash, check, or money order, unless the order is from a governmental agency, in which case a government purchase order or fund transfer form may be used.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by exempt rulemaking at 9 A.A.R. 3825, effective August 22, 2003 (Supp. 03-3).

Ariz. Admin. Code § R1-1-114 Complimentary Copies of the Register and the Code

A. Upon request, complimentary paper copies of the Register and the Code shall be provided to:

1. Governor: one copy;

2. Legislature:

a. The Senate: six copies;

b. The House of Representatives: six copies;

c. The Department of Library, Archives, and Public Records: three copies;

3. Attorney General: 15 copies;

4. Supreme Court: one copy;

5. Counties. Each county law library (or one major public or university library per county if the county does not have a law library): one copy. The County Board of Supervisors shall specify to the Office the library to which the subscription is to be sent when there is no county law library;

6. Governor's Regulatory Review Council: one copy.

B. An agency that files a final, expedited, emergency, or exempt rule may request one complimentary copy of its Chapter.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Article 2 THE ARIZONA ADMINISTRATIVE REGISTER

Ariz. Admin. Code § R1-1-201 Publication Schedule and Deadlines

A. The Secretary of State shall publish the Register under A.R.S. § 41-1013. The Office shall include the schedule of publication dates and deadlines in each issue of the Register and shall make copies of the schedule available in the Office. The Office shall publish each document filed and approved for publication in the Register according to the published schedule.

B. The Office shall not waive a deadline for submission of documents for any agency.

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-202 Register Contents

Register contents shall include:

1. Public records listed under A.R.S. §§ 41-1013 and 49-112; and

2. Other documents as listed under R1-1-103(E).

History

• Adopted effective January 1, 1987 (Supp. 86-6). Amended effective October 27, 1988 (Supp. 88-4). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-203 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-204 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-205 Notice of Rulemaking Docket Opening

A. An agency shall prepare a Notice of Rulemaking Docket Opening under A.R.S. § 41-1021 and this Section.

B.The Notice of Rulemaking Docket Opening shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF RULEMAKING DOCKET OPENING;

2. On a centered line under the notice heading, in all capital letters, the name of the agency.

3. Under the agency name, the listed items consecutively numbered:

a. The Title and its heading;

b. The Chapter and its heading;

c. If applicable, the Subchapter and its heading;

d. The Article and its heading;

e. If applicable, the Part and its heading; and

f. Section or Section numbers;

a. i. An agency shall specify the phrase "Sections to be determined." if Section numbers have not yet been assigned to rules.

b. ii. If an agency specifies Sections under subsection (B)(3)(f) and anticipates adding Sections as the rulemaking is drafted, the agency shall list the Sections and add the phrase "Sections may be added, deleted, or modified as necessary."

3. The subject of the proposed rule and if applicable, the agency docket number;

5. A list of Register citations formatted as provided under R1-1-409(A) to any notices filed and published relating to the Notice of Rulemaking Docket Opening;

7. The agency's contact who can answer questions about the rulemaking. This information shall include:

a. Name;

b. Address;

c. Area code and telephone number; and

d. If applicable, fax number, e-mail and web site addresses.

6. The time-frame the agency will accept written comments and if applicable the time and place where oral comments may be made; and

8. If known, a timetable for agency decisions or other actions.

C.When filing a Notice of Rulemaking Docket Opening the notice shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the notice as specified in R1-1-103.

D.Documents listed under subsection (C) and the Notice of Rulemaking Docket Opening shall be filed for publication in the Register .

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-206 Notice of Formal Rulemaking Advisory Committee

A. If an agency appoints a formal advisory committee to comment on a rule under consideration, the agency shall, at the time the committee is formed, submit to the Office for publication in the Register a Notice of Formal Rulemaking Advisory Committee. The notice shall contain the heading NOTICE OF FORMAL RULEMAKING ADVISORY COMMITTEE in all capital letters, centered on a line approximately one inch from the top of the page and followed by the items listed below in the same numbered order:

1. The name of the agency;

2. The specific rule or subject matter on which the committee is to comment, if known;

3. The names of the committee members; and

4. The date the committee was formed.

B. An agency appointing a formal advisory committee shall submit a notice annually to the Office for publication in the Register in the form specified in subsection (A).

History

• Adopted effective January 1, 1987 (Supp. 86-6). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-207 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-208 Notice of Proposed Delegation Agreement; Notice of Final Delegation Agreement

A. An agency seeking to delegate functions, powers, or duties shall submit to the Office a Notice of Proposed Delegation Agreement that contains the heading NOTICE OF PROPOSED DELEGATION AGREEMENT in all capital letters, centered on a line approximately one inch from the top of the page, followed by the items listed below in the same numbered order:

Name of the agency proposing the delegation agreement;

2. Name of the political subdivision to which functions, powers, or duties of the agency are proposed to be delegated;

3. Name and address of agency personnel to whom persons may direct questions or comments;

4. Summary of the delegation agreement and the subjects and issues involved;

5. Statement that a copy of the proposed delegation agreement may be obtained from the agency and any pertinent information on how a person may obtain the copy; and

6. Schedule of public hearings on the proposed delegation agreement.

B. An agency proposing a delegation agreement shall follow the procedures specified in A.R.S. § 41-1081.

C. After an agency considers any comments received and determines whether to enter into the delegation agreement, the agency shall issue a final decision. The delegation agreement is effective 30 days after written notice of the agency's final decision is given unless an appeal is filed and pending before the Council.

D. If no appeal is pending, at the end of the 30-day period following the agency's issuance of its final decision, the agency may submit to the Office for publication a Notice of Final Delegation Agreement that contains the heading NOTICE OF FINAL DELEGATION AGREEMENT in all capital letters, centered on a line approximately one inch from the top of the page, followed by the items listed below in the same numbered order:

1. Name of the agency entering into the final delegation agreement;

2. Name of the political subdivision to which functions, powers, or duties of the agency are being delegated;

3. Citation to the Notice of Proposed Delegation Agreement;

4. Name and address of agency personnel to whom persons may direct questions or comments;

5. Summary of the delegation agreement and the subjects and issues involved;

6. Statement that a copy of the final delegation agreement may be obtained from the agency and any pertinent information on how a person may obtain the copy;

7. Date of issuance of agency's final decision to enter into the delegation agreement; and

8. Date the delegation agreement becomes effective.

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-209 Notice of Oral Proceeding, Public Workshop, or Other Meeting

A. If an agency schedules an oral proceeding, public workshop, or other meeting on a proposed rulemaking or an oral proceeding on a proposed delegation agreement after the Notice of Proposed Rulemaking or Notice of Proposed Delegation Agreement is submitted to the Office for publication in the Register, the agency shall send to the Office one original and two copies of a notice of oral proceeding, public workshop, or other meeting on proposed rules or a notice of oral proceeding, public workshop, or other meeting on proposed delegation agreement, whichever is appropriate.

B. A notice of oral proceeding, public workshop, or other meeting on proposed rules, a public meeting on rules after an agency has submitted the notice of docket opening for publication but before the Office publishes the rules as proposed rules in the Register, a notice of oral proceeding on a proposed delegation agreement, or a notice of oral proceeding on a proposed rule, ordinance, or other regulation under A.R.S. § 49-112 shall be as specified below:

1. For an oral proceeding on a proposed rulemaking, the heading NOTICE OF ORAL PROCEEDING ON PROPOSED RULEMAKING in all capital letters, centered on a line approximately one inch from the top of the page and followed by the items listed below in the same numbered order:

a. The name of the agency;

b. The Title and its heading; the Chapter and its heading; the Subchapter and its heading, if applicable; the Article and its heading; and the Part and its heading, if applicable;

c. The Sections being proposed in numerical order in one column with the specific action being taken on each Section in the second column;

d. The Register citations to all notices published in the Register concerning the proposed rulemaking;

e. The date, time, and location of the oral proceeding; and

f. The name and address of agency personnel to whom questions and comments on the proposed rules may be addressed.

2. For a public workshop on a proposed rulemaking, the heading NOTICE OF PUBLIC WORKSHOP ON PROPOSED RULEMAKING in all capital letters, centered on a line approximately one inch from the top of the page and followed by the items listed below in the same numbered order:

a. The name of the agency;

b. The Title and its heading; the Chapter and its heading; the Subchapter and its heading, if applicable; the Article and its heading; and the Part and its heading, if applicable;

c. The Sections being proposed in numerical order in one column with the specific action being taken on each Section in the second column;

d. The Register citations to all notices published in the Register concerning the proposed rulemaking;

e. The date, time, and location of the public workshop; and

f. The name and address of agency personnel to whom questions and comments on the proposed rules may be addressed.

3. For a public meeting on an open rulemaking docket, the heading NOTICE OF PUBLIC MEETING ON OPEN RULEMAKING DOCKET in all capital letters, centered on a line approximately one inch from the top of the page and followed by the items listed below in the same numbered order:

a. The name of the agency;

b. The Title and its heading; the Chapter and its heading; the Subchapter and its heading, if applicable; the Article and its heading; and the Part and its heading, if applicable;

c. The Sections being proposed in numerical order in one column with the specific action being taken on each Section in the second column, if known;

d. The Register citation and the date of the notice of docket opening and all supplemental notices published in the Register;

e. The date, time, and location of the public meeting; and

f. The name and address of agency personnel to whom questions and comments on the subject matter of the rules may be addressed.

4. For an oral proceeding on a proposed delegation agreement, the heading NOTICE OF ORAL PROCEEDING ON PROPOSED DELEGATION AGREEMENT in all capital letters, centered on a line approximately one inch from the top of the page and followed by the items listed below in the same numbered order:

a. The name of the agency proposing the delegation agreement;

b. The name of the political subdivision to which the agency is proposing to delegate functions, powers, or duties;

c. A summary of the proposed delegation agreement;

d. The Register citation and date of the notice of proposed delegation agreement and all supplemental notices published in the Register;

e. The date, time, and location of the oral proceeding; and

f. The name and address of agency personnel to whom questions and comments on the proposed delegation agreement may be addressed.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-210 Notice of Agency Guidance Document; Notice of Substantive Policy Statement

A. An agency shall prepare and file a Notice of Agency Guidance Document under A.R.S. § 41-1013(B)(14) for publication in the Register. A Notice of Agency Guidance Document shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF AGENCY GUIDANCE DOCUMENT.

2. On a centered line under the notice heading and in all capital letters, the name of the agency.

3. Under the agency name, the items listed below in numbered order:

a. Title of the guidance document and the guidance document number by which the document is referenced.

b. Date of the publication of the guidance document and the effective date of the document if different from the publication date.

c. Summary of the contents of the guidance document.

d. Statement as to whether the guidance document is a new document or a revision.

e. The agency contact person who can answer questions about the agency guidance document. The information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

f. Information about where a person may obtain a copy of the guidance document and the costs for obtaining the guidance document.

B. An agency shall prepare and file a Notice of Substantive Policy Statement, under A.R.S. § 41-1013(B)(14), for publication in the Register. A Notice of Substantive Policy Statement shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF SUBSTANTIVE POLICY STATEMENT.

2. On a centered line under the notice heading and in all capital letters, the name of the agency.

3. Under the agency name, the items listed below in the same numbered order:

a. Title of the substantive policy statement and the substantive policy statement number by which the substantive policy statement is referenced.

b. Date the substantive policy statement was issued and the effective date of the policy statement if different from the issuance date.

c. Summary of the contents of the substantive policy statement.

d. Federal or state constitutional provision; federal or state statute, administrative rule, or regulation; or final court judgment that underlies the substantive policy statement.

e. Statement as to whether the substantive policy statement is a new statement or a revision.

f. The agency contact person who can answer questions about the substantive policy statement. The information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

g. Information about where a person may obtain a copy of the substantive policy statement and the costs for obtaining the policy statement.

C. An agency shall file only one notice per agency guidance document or substantive policy statement.

D. A Notice of Agency Guidance Document or a Notice of Substantive Policy Statement shall include:

1. Two agency receipts as specified in R1-1-106; and

2. An original and one copy of the completed notice form as specified in R1-1-103(B), (C), (E)(1), (6), and (7).

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3).

Ariz. Admin. Code § R1-1-211 Summary of Council Action

A. Under A.R.S. § 41-1013, the Council shall prepare a summary of Council action on:

1. A final rule approved under A.R.S. § 41-1052; or

2. An expedited rule approved under A.R.S. § 41-1053.

B.The Council may summarize rules of one Chapter, one Subchapter (if applicable), or one Article if the Article has Parts, if Sections affected are listed and grouped together into one rulemaking package.

C.The Council shall file a Summary of Council Action for publication in the Register .

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-212 Agency Ombudsman

A. An agency shall designate an agency ombudsman under A.R.S. § 41-1006. "Ombudsman" as used in this Section means the employee or employees designated by the agency to assist members of the public or regulated community.

B. An agency shall prepare and file a Notice of Agency Ombudsman with the Office at least annually no later than December 31 of each year.

C. An agency shall file only one notice per ombudsman.

D. The notice shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF AGENCY OMBUDSMAN.

2. Under the notice heading, in numbered order:

a. The agency's name;

b. Under the agency's name, list in numbered order the ombudsman's:

i. Name;

ii. Title;

iii. Agency division, if applicable;

iv. Office address, to include the city, state, and zip code; and

v. Area code and telephone number, fax number, and e-mail address, if available.

E. A Notice of Agency Ombudsman shall include:

1. Two agency receipts as specified in R1-1-106; and

2. An original and one copy of the completed notice form as specified in R1-1-103(B), (C), (E)(1), (6), and (7).

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3).

Article 3 THE ARIZONA ADMINISTRATIVE CODE

Ariz. Admin. Code § R1-1-301 Development of the Code

A. The Office may establish new Titles in the Code and rearrange existing Titles and Chapters to ensure orderly development of the Code. The Office shall notify each agency whose rules are affected by any rearrangement.

B. The first volume of the Code contains a Table of Contents for the multi-volume Code, a Table of Titles and Chapter Headings, the Administrative Procedure Act, and other material to help the public find specific rules. A Table of Contents listing the Chapters, Subchapters, Articles, and Parts appearing in a Title appears at the beginning of each Title.

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-302 Publication of the Code and Supplements

A. The Code is published as specified under A.R.S. § 41-1012(B).

1. A Code publication schedule is printed in the Register .

2. A free copy of the schedule is available upon request.

B. The Code is updated quarterly . A supplement contains final, expedited, emergency, and exempt rules filed in a calendar quarter.

C. A supplement release date is the last day of the calendar quarter. A supplement is numbered by calendar year of publication and the number of the quarter.

D. A supplement is printed by Chapters.

E. A Code price list is published under A.R.S. § 41-1012(D). The price list is available online at www.azsos.gov. A free copy of the price list is available upon request.

F. Code Chapters are sold individually. Code subscriptions are available for the set of Titles as codified. An annual subscription, which contains quarterly supplements, is available for purchase to update the set. Subscription forms are available from the Office.

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-303 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Ariz. Admin. Code § R1-1-304 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Amended subsections (A), (B) and (C) effective July 13, 1988 (Supp. 88-3). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Ariz. Admin. Code § R1-1-305 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Ariz. Admin. Code § R1-1-306 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Ariz. Admin. Code § R1-1-307 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Ariz. Admin. Code § R1-1-308 [REPEALED]

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Article 4 RULE DRAFTING

Ariz. Admin. Code § R1-1-401 Rule Drafting Style and Format

Rulemaking notices and supporting documents shall be prepared, drafted, and filed in accordance with this Chapter, the APA, and be consistent with the recommendations in the Arizona Rulemaking Manual .

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-402 Assignment of Code Divisions; Headings

A. The Office shall arrange and classify the subject matter of the Code according to a system of Titles. The Titles are divided into Chapters. The heading of a Chapter containing rules of one major program or subject specifies both the name of the agency and the program or subject. Chapters are divided into Articles. Articles that cover several subjects or regulate different groups of people are divided into several Parts. Parts and Articles without Parts are divided into Sections. Some Chapters may also contain two or more Subchapters. An agency shall request and receive approval from the Office for Subchapter and Part divisions before using these divisions.

B. All Titles, Chapters, Subchapters (if applicable), Articles, Parts (if applicable), and Sections shall have a heading that describes the subject of that division of the Code. A heading shall not contain the word "Rule" or "Regulation."

C. A heading shall have capital letters for the first letter of the first and last words, and the first letter of important intermediate words.

History

• Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-403 Numbering System

A. A Section number is preceded by the letter "R".

B. A hyphenated numbering system is used in the Code.

1. A Section number includes the "R", the Title number, the Chapter number, the Subchapter label (if applicable), and the Section number indicating the Article number and the Part label (if applicable).

2. The one or two numbers to the far left indicate the number of the Title in which the Section appears.

3. The one or two numbers between the two hyphens indicate the Chapter number. If the Chapter has been assigned a Subchapter, the Subchapter letter label appears immediately after the Chapter number before the hyphen.

4. The numbers to the far right indicate the Section number. A Section number has at least three digits. The last two digits indicate the Section and the number or numbers to the left of these two digits indicate the Article number. If an Article has been assigned a Part, the Part's letter label appears immediately after the second hyphen before the Section number.

C. The first Section in each Article is numbered 101, 201, 301, and so on, as applicable. Sections shall be numbered consecutively through the Article except where Section numbers are reserved for future expansion. Any Section number not used when the rules are originally made is automatically reserved. An agency shall specify "Reserved" for an unused Section when the Section falls before a Section with text in the same Article or Part. Sections that are reserved are shown when the rules are published in the Code. Sections that are renumbered or repealed so that no text remains shall be headed with the appropriate term; "Reserved" shall not be used for these Section headings.

D. A Section number is not complete unless it contains all portions specified in subsection (B). An agency shall use only complete Section numbers in its rules, on a notice of rulemaking activity, or in any material submitted to the Office for either publication or filing.

E. Titles, Chapters, Articles, and Sections shall be designated by Arabic numbers. Subchapters and Parts shall be designated by capital letters.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-404 Renumbering Sections within a Chapter

A. If an agency renumbers one or more Sections at the time the agency amends other existing Sections:

1. The table of contents for the rulemaking package shall show the old number of the Section with strike-outs and the new number with underlining.

a. If an agency makes a new Section at the old number, the agency shall show the old heading with strike-outs and the new heading with underlining;

b. If an agency renumbers another existing Section to the old Section number, the agency shall show the heading and text of the moved Section at the location of its new number and strike-outs through the moved Section number and its new number with underlining;

c. If an agency is not making new text or moving text to the location of a renumbered Section, the agency shall show the old Section heading with strike-outs and the term "Renumbered" with underlining next to the old number of the renumbered Section.

2. The table of contents shall show Sections and Articles in the order the Sections are being made.

3. The Sections shall appear in numerical order as renumbered.

B. If an agency is renumbering one or more Sections within a Chapter but is making no other changes, the agency shall do one of the following:

1. Prepare a Notice of Recodification as specified in R1-1-1001, or

2. Make the numbering change using the regular rulemaking process.

C. Only entire Sections may be renumbered or recodified in the matter described in this Section. If an agency splits an existing Section into two or more Sections, or moves a portion of one Section to another Section, or combines two or more Sections into one Section, the agency shall follow the regular rulemaking process to make the changes.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-405 Addition of a New Section between Existing Sections

An agency shall request, in writing or orally, and receive the Office's permission before inserting a new Section between two existing, consecutively numbered Sections. The agency shall number the new Section using the Section number of the preceding existing Section, followed by a decimal point and a two-digit number. The new Section shall be in numerical order.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-406 Repeal and Re-use of a Chapter Number

If an agency repeals or renumbers all Sections in a Chapter, or if all Sections in a Chapter expire, the agency shall not use the Chapter number for one year.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-407 Authority Notes

If an agency requests that the specific or general authority for a Chapter, Subchapter, Article, or Part be published in its rules in the Code, the agency shall include an authority note under which the rules in that Chapter, Subchapter, Article, or Part were made. This note appears immediately below the Chapter, Subchapter, Article, or Part heading, as applicable, in the Chapter's table of contents and specifies the statutes that the rules are implementing (the specific authority) and the statutes that authorize the agency to do rulemaking (the general authority). An agency's failure to include a statute or portion of a statute in the authority note does not negate the agency's authority to make the rule.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-408 Text of the Rules; Subsections

A. The divisions of a Chapter (Title, Chapter, Subchapter (if applicable), first Article, and first Part (if applicable)) and their labels and headings shall appear above the Section number and heading of the first Section in a rulemaking package. An agency shall center on each line these divisions and their labels and headings.

B. If a Section has only one subsection, an agency shall leave that subsection unlabeled.

C. If a Section has an opening subsection followed by labeled subsections, the Office shall treat the opening subsection as an implied subsection (A). An agency shall label and indent appropriately the subsections following the opening subsection as second-level subsections.

D. If a Section has two or more subsections at any level, an agency shall label the subsections separately. An agency shall label subsections as indicated below.

1. First-level subsections are designated by a capital letter (A., B., C., and so on).

2. Second-level subsections are designated by an Arabic numeral (1., 2., 3., and so on).

3. Third-level subsections are designated by a lower case letter (a., b., c., and so on).

4. Fourth-level subsections are designated by a lower case Roman numeral (i., ii., iii., and so on).

E. If an agency uses the entire alphabet for subsections at the first or third level, additional subsections shall be labeled with double letters (aa., bb., cc., and so on).

F. Within the text of a subsection, an agency referring to the same subsection shall use the term "this subsection." An agency referring to a different subsection shall use the term "subsection" and the labels of all appropriate levels, each within its own set of parentheses. If an agency refers to a different Section in the same Chapter, the agency shall specify the correct Section number along with all subsection labels but shall not use the term "Section."

G. An agency shall not subdivide its rules into more than four levels of subsections unless the agency obtains permission from the Office.

H. An agency may choose not to label definitions that are listed in alphabetical order or other lists of items in some specific order, although the agency shall indent the definitions or items in the list as if they were labeled at the appropriate level of subsection. If an agency chooses not to label definitions that are listed in alphabetical order or other lists in a specific order, additional levels of subsection under those definitions or lists also shall not be labeled. If an agency quotes statutory language verbatim that contains labeling, the agency shall retain the labeling within the statutory language but not the label of the statutory language.

I. When dividing a Section into subsections, an agency shall not:

1. Leave an unlabeled subsection at any level after a labeled subsection at the same level;

2. Use A. without B.; 1. without 2.; a. without b.; or i. without ii.

J. When referring to one or more subsections within the text of a subsection, an agency shall enclose the label for each subsection in its own set of parentheses. When referring to second-, third-, and fourth-level subsections, an agency shall specify the labels of each preceding level of subsection. For example, an agency referring to a third-level subsection would state "subsection (A)(2)(c)"; an agency referring to a fourth-level subsection would state "subsection (B)(1)(d)(iii)."

K. When referring to multiple subsections, an agency shall enclose the label for each subsection in its own set of parentheses, followed by a conjunction and the last subsection label enclosed in parentheses. For example, an agency would state "(A)(1) through (9)"; "(B)(4)(b) and (c)"; or "(C)(1)(a)(i) and (ii)."

L. When referring to a Section in another Chapter, an agency shall cite the Section number with "A.A.C." preceding the number. For example, an agency would state "A.A.C. R2-12-201 ."

M. An agency shall not include numbered or lettered phrases within the text of a subsection. These shall be labeled properly and indented at the appropriate level of subsection.

N. An agency shall contact the Office when using special symbols, fonts, or formats in the text of a rule.

O. An agency shall define all acronyms and abbreviations not defined in the A.R.S. that the agency uses in the text of its rules in a definitions Section at the beginning of the Chapter.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-409 Citations to the Code, Register, Statutes, and Federal Laws and Regulations

A. Citations to the Register shall include the volume and page number, the abbreviation "A.A.R.", and the issue date. For example, 7 A.A.R. 1325, March 23, 2001.

B. Citations to the Code shall include the Title, Chapter, Subchapter, Article, Part, and Section, as applicable, and the short form "A.A.C." For example, 17 A.A.C. 4 and A.A.C. R17-4-301.

C. Citations to state laws:

1. A citation to a law contained in a published edition of the Arizona Revised Statutes shall include the abbreviation "A.R.S." and either the specific Section number or the Title number, Chapter number, and Article number in that order. For example, A.R.S. Title 41, Chapter 6, Article 5.

A citation to a law that has not yet been published in the Arizona Revised Statutes shall include the following:

a. If the reference is to a new Section of the statutes and the codified Section number is known, the citation shall include the Section number followed by the phrase "as added by Laws" and the year the law was passed along with the Chapter number as assigned by the Office and the specific Section of the new law. For example, A.R.S. § 41-1008 as added by Laws 1998, Ch. 57, § 22.

b. If the reference is to an amendment of an existing Section of the Arizona Revised Statutes, the citation shall include the Section number followed by the phrase "as amended by Laws" and the year the law was passed along with the Chapter number as assigned by the Office and the specific Section of the new law that amended this Section of an existing law. For example, A.R.S. § 41-1021 as amended by Laws 1998, Ch. 57, § 27.

c. Citations to new laws that do not indicate a statutory citation shall include the word "Laws" and the year the law was enacted by the legislature and the Section number within that law. For example, Laws 1998, Ch. 196, § 4.

3. When an agency uses a statutory citation and also refers to that law by a commonly used heading, the agency shall enclose the commonly used heading within parentheses.

D. Citations to federal laws and regulations:

1. Citations to the United States Code (U.S.C.) and the United States Code Annotated (U.S.C.A.) shall include the Title number first, followed by the appropriate abbreviation, followed by the Part number or the Section number. Neither the word "Part" or "Section" nor the Section symbol shall appear in the citation. For example, 10 U.S.C. 1 . Citations to laws not yet codified into the U.S.C. or the U.S.C.A. shall be referenced by the words "Public Law" or the abbreviation "P.L." and the number of the law. For example, P.L. 100-20191.

2. Citations to the Code of Federal Regulations (CFR) shall list the Title number, followed by the appropriate abbreviation, followed by the Part number or the Section number. Neither the word "Part" or "Section" nor the Section symbol shall appear in the citation. Citations to the Federal Register (FR) shall include the volume number, followed by the abbreviation, followed by the page number. FR citations shall also include the date of the publication. For example, 49 CFR 201; 42 FR 10109, July 1, 1997.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-410 [REPEALED]

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-411 Automatic Repeal of Rules

A. An agency may provide for the automatic repeal of a Section, in the Section being automatically repealed, by including the day, month, and year of the automatic repeal. This automatic repeal shall be used to repeal only an entire Section. The information specifying the automatic repeal date shall appear in a first-level subsection by itself at the end of the Section.

B. An agency shall notify the Office, orally or by letter, when the automatic repeal date has passed so the Office can remove the rule from the Code. Chapters from which automatically repealed rules are removed shall appear in the next quarterly supplement to the Code.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-412 Supplementary Material

A. An agency including tabular materials, illustrations, diagrams, figures, and other supplementary material in rules shall label them as Appendices, Exhibits, Illustrations, or Tables. An agency shall use supplementary material to make a rule understandable by persons affected by the rule. An agency shall consider all supplementary material included in rules as part of the rules and shall refer to the supplementary material within the text of one or more Sections. An agency shall list Appendices, Exhibits, Tables, and Illustrations in the table of contents for the Chapter.

B. An agency shall label all Appendices, Exhibits, Illustrations, and Tables with either capital letters or Arabic numbers using a consistent labeling scheme. The specific term the agency uses (Appendix, Exhibit, Illustration, or Table) and its label shall appear in the text along with a heading in the same format that a Section number and heading appear at the beginning of a Section.

C. Supplementary material appearing within the text of a Section shall not appear in the table of contents. When referencing supplementary material appearing within the text of a Section, an agency shall use the appropriate subsection label.

D. An agency shall submit only camera-ready supplementary material to the Office for publication or filing. Camera-ready means that the material must be clear and legible when the text is reproduced at 9-point size or the illustration is reproduced to fit within the one-inch margin requirements of an 8 1/2 inch by 11 inch sheet of paper.

E. An agency shall create tabular material in a rulemaking package using a spreadsheet program or the table function of a word processing program. This subsection does not apply to an Economic, Small Business, and Consumer Impact Statement and material incorporated by reference.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-413 Statutory Language; Italics

A. Rules may contain statutory language that repeats verbatim existing statutory authority granted to the agency.

B. If an agency repeats statutory language within the text of a rule, the statutory language shall appear in italics, and the statutory citation shall appear after the statutory language.

C. Rules may contain the following language in italics:

1. Titles of books, periodicals, and reports;

2. Scientific names; and

3. Court cases (for example, Marbury v. Madison).

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-414 Materials Incorporated by Reference; Eligibility and Citations

A.An agency may incorporate by reference materials as specified under A.R.S. § 41-1028.

B. If an agency determines the materials meet the standards to incorporate them by reference under A.R.S. § 41-1028, it shall cite the name of the incorporated by reference materials in rule.

C. Citations to materials incorporated by reference shall include:

The name of the materials incorporated by reference;

2. The name and address of the agency, organization, or association that developed the material;

3. The publisher's name and address, if the material was not printed by the agency, organization, or association listed under subsection (C)(2);

4. If available, the publication:

a. Copyright date, or

b. Release date, or

c. Revision date;

5. If available, the International Standard Book Number (ISBN); and

6. An address or a web site address where the material is available or may be purchased.

7. A statement shall be included with the citation specifying that the rule does not include any later amendments or editions of the materials incorporated by reference.

D. An agency shall make available for review, any incorporated by reference material included in a rule. The agency shall include the address where the publication or document may be viewed.

E. Incorporated by reference materials filed with an agency's final rules before September 18, 2003, may be viewed in the Office. Any materials protected under U.S. copyright laws, Title 17 of the U.S. Code , shall not be reproduced.

F.Incorporated by reference materials included in an agency's rules after September 18, 2003, are available by contacting the agency, organization, or association that developed the material or the state agency that incorporated it.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-415 Rulemaking Actions for an Article, Part, Section, Table, Appendix or Exhibit

A. An agency shall list rulemaking actions in the preamble of a rulemaking package as specified in R1-1-502(B)(5) and as required in R1-1-103.

B. Article or Part Headings Actions:

1. An agency that strikes text in an Article or Part heading in its entirety, with active Sections remaining under the Article or Part, shall list the rulemaking action to an Article or Part as "Amend."

2. An agency that strikes text in an Article or Part heading in its entirety, without active Sections remaining under the Article or Part, shall list the rulemaking action to an Article or Part as "Repeal."

C. Section, Table, Appendix or Exhibit Actions: An agency that strikes text or images in an existing Section, Table, Appendix or Exhibit and simultaneously makes new text or images at the same Section, Table, Appendix or Exhibit number, shall list the rulemaking action as:

1. A "Repeal" and "New Section" or "New Table" or "New Appendix" or "New Exhibit" if both the text of the Section, Table, Appendix or Exhibit and the Section, Table, Appendix or Exhibit heading are completely changed; or

2. An "Amend" if the entire existing Section, Table, Appendix or Exhibit text is repealed, but the Section, Table, Appendix or Exhibit heading is not completely changed.

History

• New Section made by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3).

Article 5 PROPOSED RULEMAKING

Ariz. Admin. Code § R1-1-501 Assignment of Chapters

An agency preparing to make rules for the first time shall contact the Office, orally or by letter, for assignment of a Title and Chapter number within the codification system. An agency that already has at least one Chapter on file shall contact the Office, orally or by letter, when the agency needs a new Chapter assignment.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-502 Notice of Proposed Rulemaking

A. If an agency determines a proposed new Section, an amendment to a Section, a repeal of an existing Section, or a renumber of a Section, meets the provisions of A.R.S. § 41-1022 and the Act, the agency shall prepare and file a Notice of Proposed Rulemaking as prescribed in this Section.

B. A Notice of Proposed Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF PROPOSED RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title number and heading, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading, the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter heading or Subchapter label, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Proposed Rulemaking shall include in numbered order:

a. In two columns a list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected.

b. The first column shall contain the heading "Articles, Parts, and Sections Affected" under which shall list in sequential and numerical order:

i. Articles or Parts affected if an Article heading or Part label is being made, amended or repealed as specified in R1-1-415, or renumbered. Article headings or Part labels shall be listed multiple times, each on a separate line, if the Article or Part has more than one rulemaking action. Article headings or Part labels that do not have a rulemaking action directly applied to the headings or labels shall not be listed.

ii. Under each Article or Part affected in subsection (B)(5)(a)(i), if applicable, shall be a list of Section numbers of Sections being made, amended, repealed or renumbered. Section numbers shall be listed multiple times, each on a separate line, if the Section has more than one rulemaking action applied to it. A Section that currently exists but has no rulemaking action applied to the Section shall not be listed.

c. The second column shall contain the heading "Rulemaking Action" under which will be listed the rulemaking activity being applied to each Article, Part or Section listed in the first column. A Section that:

i. Has no text because the Section was previously reserved, repealed, or renumbered cannot have a rulemaking action listed as amended, renumbered, or recodified. A previously repealed Section cannot be repealed again unless new text has subsequently been made at the Section number.

ii. Has more than one rulemaking action applied to the Section, shall list the actions, each on a separate line, as follows: repeal, renumber, new Section, or amend.

6. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

7. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record of the proposed rule.

8. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

a. Name;

b. Address;

c. Area code and telephone number; and

d. Fax number, e-mail and web site addresses, if applicable.

9. An agency's justification and reason why a rule should be made, amended, repealed or renumbered, to include an explanation about the rulemaking.

10. A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

11. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

12. The preliminary summary of the economic, small business, and consumer impact.

13. The agency's contact person who can answer questions about the economic, small business, and consumer impact statement. This information shall include the contact's:

a. Name;

b. Address;

c. Area code and telephone number; and

d. Fax number, e-mail and web site addresses, if applicable.

14. The time, place, and nature of the proceedings to make, amend, repeal, or renumber the rule or, if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rule.

15. All agencies shall list any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shall respond to the following questions:

a. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

b. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

c. Whether a person submitted an analysis to the agency regarding the rule's impact of the competitiveness of businesses in this state as compared to the competitiveness of businesses in other states.

16. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rules.

The phrase "The full text of the rules follows:".

18. The full text of the rules in the rulemaking package shall begin on the next page after the last item in the Preamble. The text of the rules shall contain in sequential order:

a. Under the Preamble, on a centered line, the agency's Code Title number and heading.

b. On a centered line under the Title number and heading, the agency's Code Chapter number and heading.

c. If applicable, on a centered line under the Chapter number and heading, the agency's Subchapter label and heading.

d. Under the Chapter or Subchapter heading, whichever is applicable, shall be a list as prescribed in subsections (B)(18)(d)(i) through (iv):

i. On a centered line under the Chapter number and its heading, list the first Article number and its heading that has Sections undergoing a rulemaking action or with Article heading text being made, amended, renumbered, or repealed.

ii. If applicable, on a centered line under the Article number and its heading, list the Part number and its label with Sections undergoing a rulemaking action or with Part label text being made, amended, renumbered or repealed.

iii. Under the Article heading, or Part label if applicable, at the left margin, list the Section numbers and their headings for those Sections undergoing a rulemaking action. A Section shall not be listed if the Section does not have a rulemaking action assigned to the Section.

iv. A Chapter, Subchapter, Article, Part or Section heading with text being made, amended, renumbered or repealed shall have the text written as described in subsection (B)(18)(e)(iii) and (iv).

e. Under the list in subsection (B)(18)(d) the next page shall be the full text of the Sections being made, amended, repealed or renumbered. The text shall:

i. Include, if applicable, in sequential and numerical order, Article numbers and headings, and Part labels and their headings if any of the Sections within the Article or Part are being made, amended, repealed, or renumbered or if the heading of the Article or Part is undergoing a rulemaking action.

ii. Include Section numbers listed in numerical order that follow the numbering scheme in R1-1-403 . A Section shall always contain a heading, whether it is to specify the name of a rule, or to label the Section as renumbered or repealed. New Section numbers, headings, and text shall be underlined; currently existing Section numbers shall not be underlined. Repealed Section headings and text shall be stricken. The Section numbers of repealed Sections shall not be stricken.

iii. Specify current rule text being deleted or repealed as stricken. Striking shall not be used for any other purpose.

iv. Specify rule text being made as new text as underlined. Underlining shall not be used for any other purpose.

v. Within a Section, have stricken text appear before new, underlined text.

f. An agency that amends some but not all of the subsections in a Section may list the subsections not being amended by the subsection label and the words "No change" Each level of subsection designated as having no change shall be individually labeled. Subsections shall not be grouped together.

g. An agency that renumbers an existing Section shall strike the current Section number. The new Section number shall be underlined immediately next to the stricken number. Renumbered Sections shall be in numerical order with the text of the rule at the location of the new Section number. If the only action on a Section is to renumber it, immediately under the Section number and its heading shall appear the words "No change" to indicate that the text is not being amended. If an existing Section is renumbered and no text is made, amended, or repealed at the current Section number, the current Section number shall be listed in numerical order with strike-outs through the old heading but not through the Section number, with the new heading underlined and labeled "Renumbered."

C. A proposed rulemaking package shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the agency certificate as specified in R1-1-105;

3. An original and two copies of the rulemaking package as specified in R1-1-103; and

4. An agency subject to Council review that received an analysis comparing the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-503 Public Comment Period

The public comment period for a proposed rule begins on the day the rule is published in the Register. An agency shall allow a minimum of 30 days for public comment after publication. After the end of the public comment period, an agency may hold an oral proceeding.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-504 Oral Proceedings on Proposed Rulemaking

A. An agency may refer to the publication schedule of the Register when scheduling an oral proceeding. An agency shall hold an oral proceeding no earlier than 30 days after the Office publishes the notice of proposed rulemaking in the Register under A.R.S. § 41-1023. The Office shall include oral proceedings shown in the notice of proposed rulemaking Preamble in the proposed rules portion of the Register. The Office shall list in a different section of the Register oral proceedings on rulemaking packages not scheduled by the agency until after the agency has submitted the proposed rulemaking package to the Office as specified in R1-1-209(B)(1).

B. If an agency submits a proposed rulemaking package to the Office and indicates in the Preamble that an oral proceeding is scheduled to take place before 30 days after the anticipated publication date in the Register, the Office shall return the package to the agency.

C. If an oral proceeding is not scheduled and an agency receives a written request for an oral proceeding from one or more persons, the agency shall file a notice of oral proceeding on proposed rules with the Office in accordance with the Register publication schedule, scheduling the oral proceeding to be held no earlier than 30 days after the notice of oral proceeding is published in the Register, under A.R.S. § 41-1023. The agency shall file with the Office one original and two copies of the Notice of Oral Proceeding on Proposed Rulemaking. This notice shall be as stated in R1-1-209(B)(1).

D. If an oral proceeding begins and the proceeding officer publicly announces a time and place for a continuation of the oral proceeding, the agency is not required to submit a notice of oral proceeding to the Office for publication in the Register.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-505 Close of the Record

The close of the record for a proposed rule occurs on the date the agency chooses as the last date it will accept public comments. An agency shall not complete a rulemaking until the record is closed.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-506 Notice of Termination of Rulemaking

A. To terminate a proposed rulemaking at any stage of the rulemaking process before the final rules are filed with the Office, an agency shall file with the Office one original and two copies of a Notice of Termination of Rulemaking. The agency shall attach the original and two copies of the Notice of Termination of Rulemaking to a copy of the original Notice of Proposed Rulemaking if the agency has filed a Notice of Proposed Rulemaking with the Office.

B. The Notice of Termination of Rulemaking shall contain the heading NOTICE OF TERMINATION OF RULEMAKING in all capital letters, centered on the line approximately one inch from the top of the page; followed by the Title, its number, and heading, centered on a line below the notice heading; followed by the Chapter, its number and heading, centered on a line below the Title; followed by the items listed below in the same numbered order:

1. The Register citation and the date of the Notice of Rulemaking Docket Opening;

2. The Register citation and the date of the Notice of Proposed Rulemaking; and

3. The Section numbers (and Article and Part numbers or labels) in numerical order in one column and the action that had been proposed in the second column.

C. Both the original Notice of Proposed Rulemaking and the Notice of Termination of Rulemaking shall remain on file with the Office.

D. The Office shall publish a listing of the rules terminated in the Register. The Office shall not publish the full text of rules being terminated in the Register.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-507 Notice of Supplemental Proposed Rulemaking

A. If an agency determines it meets the requirements of A.R.S. § 41-1022(E) and that a filed and published proposed rule requires substantial change due to either internal review or public comments, the agency shall prepare and file a Notice of Supplemental Proposed Rulemaking as prescribed in this Section.

B. A Notice of Supplemental Proposed Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading, in all capital letters, NOTICE OF SUPPLEMENTAL PROPOSED RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title number and heading, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading, the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Supplemental Proposed Rulemaking shall include, in numbered order:

a. Citations to the agency's Notice of Rulemaking Docket Opening, the Notice of Proposed Rulemaking, and any other Notices of Supplemental Proposed Rulemaking, if applicable, as published in the Register as specified in R1-1-409(A) . A list of any other related notices published in the Register as specified in R1-1-409(A).

b. A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as specified in R1-1-502(B)(5).

c. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

d. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

e. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking.

f. A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

g. An explanation of the substantial change that resulted in the supplemental notice.

h. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision.

i. The preliminary summary of the economic, small business, and consumer impact.

j. The agency's contact person who can answer questions about the economic, small business, and consumer impact statement. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

k. The time, place, and nature of the proceedings to make, amend, repeal, or renumber the rule or, if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the supplemental proposed rule.

l. All agencies shall list any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shall respond to the following questions:

i. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

iii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

m. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rules.

n. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the page after the last page of the Preamble and contain the text as specified in R1-1-502(B)(18) . A supplemental notice shall contain every Section undergoing change from the current text in the Code, as if the supplemental notice were the agency's first version of the proposed rulemaking.

C. A supplemental proposed rulemaking package shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the agency certificate as specified in R1-1-105;

3. An original and two copies of the rulemaking package as specified in R1-1-103; and

4. An agency subject to Council review that received an analysis comparing the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3).

Article 6 FINAL RULEMAKING

Ariz. Admin. Code § R1-1-601 Preparation and Filing of a Final Rulemaking Package

A. If an agency's rules are subject to review by the Council, the agency shall submit its final rulemaking package to the Council within 120 days after the close of record. After the Council approves the final rulemaking package, the Council shall submit the agency's final rulemaking package to the Office for filing and publication. The final rulemaking package shall be as specified in R1-1-602.

B. If an agency's rules are exempt from the rulemaking process under A.R.S. § 41-1005 or another state statute, the agency shall follow the procedures in Article 9 and submit its final rulemaking package to the Office within 120 days after the close of record.

C. If an agency's rules are subject to review by the Attorney General, the agency shall submit its final rulemaking package to the Attorney General for approval within 120 days after the close of record. After approval, the Attorney General shall submit the final rule package to the Office for filing and publication.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-602 Notice of Final Rulemaking

A. If an agency determines it meets the requirements of A.R.S. § 41-1024 and other requirements in the Act an agency shall prepare a Notice of Final Rulemaking as prescribed in this Section.

B. A Notice of Final Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF FINAL RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title number and heading, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading, the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Final Rulemaking shall include, in numbered order:

a. A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as specified in R1-1-502(B)(5).

b. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

c. The effective date of the rule. If an agency specifies a date:

i. Earlier than the 60 day effective date as specified in A.R.S. § 41-1032(A), the agency shall include the earlier date and state the reason or reasons it selected the earlier effective date as provided in A.R.S. § 41-1032(A)(1) through (5); or

ii. Later than the 60 day effective date as specified in A.R.S. § 41-1032(A), the agency shall include the later date and state the reason or reasons it selected the later effective date as provided in A.R.S. § 41-1032(B).

d. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record of the final rulemaking package.

e. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

f. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking.

g. A reference to any study relevant to the rule that the agency reviewed and either relied on or did not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

h. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

i. A summary of the economic, small business, and consumer impact.

j. A description of any changes between the proposed rulemaking, to include supplemental notices, and the final rulemaking.

k. An agency's summary of the public or stakeholder comments made about the rulemaking and the agency response to the comments.

l. All agencies shall list any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shall respond to the following questions:

i. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

iii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

m. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rule.

n. Whether the rule was previously made, amended or repealed as an emergency rule. If so, cite the notice published in the Register as specified in R1-1-409(A) . Also, the agency shall state where the text changed between the emergency and the final rulemaking packages; and

o. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the next page after the last item in the Preamble and contain the text as specified in R1-1-502(B)(18).

7. An agency shall submit a final rulemaking package to either the Council or the Attorney General for review as specified in R1-1-105.

C. A final rulemaking package shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the certificate of approval of the rules from either the:

a. Council, if the rules are subject to Council review as specified in R1-1-105; or

b. Attorney General, if the rules are subject to Attorney General review as specified in R1-1-105.

3. An original and two copies of the agency certificate as specified in R1-1-105;

4. An original and two copies of the rulemaking package as specified in R1-1-103;

5. An economic, small business, and consumer impact statement if required by A.R.S. § 41-1055; and

6. An agency subject to Council review that received an analysis comparing the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

D. If the Notice of Final Rulemaking is subject to review by:

1. Council, the Council shall file the final rulemaking package, to include all documents listed under subsection (C), with the Office as specified in R1-1-601(A).

2. The Attorney General, the Attorney General shall file the final rulemaking package, to include all documents listed under subsection (C), with the Office as specified in R1-1-601(C) .

History

• New Section made by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3).

Article 7 EMERGENCY RULEMAKING

Ariz. Admin. Code § R1-1-701 Notice of Emergency Rulemaking

A. If an agency determines a proposed new Section, an amendment to a Section, or a repeal of an existing Section meets the emergency provisions of A.R.S. § 41-1026, the agency shall prepare a Notice of Emergency Rulemaking as prescribed in this Section.

B. A Notice of Emergency Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF EMERGENCY RULEMAKING.

On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Emergency Rulemaking shall include, in numbered order:

a. A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns, as specified in R1-1-502(B)(5).

b. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

c. The effective date of the rule. If an agency specifies a date:

i. Earlier than the 60 day effective date as specified in A.R.S. § 41-1032(A) the agency shall include the earlier date and state the reason or reasons it selected the earlier effective date as provided in A.R.S. § 41-1032(A)(1) through (5), or

ii. Later than the 60 day effective date as specified in A.R.S. § 41-1032(A) the agency shall include the date and state the reason or reasons it selected the later effective date as provided in A.R.S. § 41-1032(B).

d. Citations to all related emergency rulemaking notices published in the Register as specified in R1-1-409(A) that pertain to the record of this notice of emergency rulemaking.

e. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

f. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking.

g. A reference to any study relevant to the rule that the agency reviewed and either relied on or did not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

h. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

i. A summary of the economic, small business, and consumer impact.

j. Any other matters prescribed by statute and applicable to the specific agency or to any specific rule or class of rules. When applicable, matters shall include but are not limited to:

i. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

iii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

k. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rule.

l. An agency explanation about the situation justifying the rulemaking as an emergency rule.

m. The date the Attorney General approved the rule.

n. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the page after the last page of the Preamble and contain the text as specified in R1-1-502(B)(18).

C. An agency shall submit an emergency rulemaking package to the Attorney General for review.

D. The Attorney General shall prepare a certificate as specified in R1-1-105.

E. An emergency rulemaking package shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the agency certificate as specified in R1-1-105;

3. An original and two copies of the certificate of approval or disapproval from the Attorney General as specified in subsection (D).

4. An original and two copies of the rulemaking package as specified in R1-1-103;

5. An economic, small business, and consumer impact statement if required by A.R.S. § 41-1055; and

6. An agency that received an analysis comparing the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

F. The Attorney General shall file the emergency rulemaking package, to include all documents listed under subsection (E), with the Office.

G. Emergency rules are in effect for 180 days under the provisions of A.R.S. § 41-1026.

H. Emergency rules may be renewed for an additional 180-day period under the provisions of A.R.S. § 41-1026. If an agency amends the text of a rule renewed, the agency shall prepare a list of every amendment made to the renewed emergency rule. The list of amendments shall be included and attached to the renewal notice when filed with the Office.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3). Subsection (B)(5)(c)(i) corrected at Office request, Office File No. M11-380, filed October 20, 2011 (Supp. 11-3).

Article 8 EXPEDITED RULEMAKING

Ariz. Admin. Code § R1-1-801 Notice of Proposed Expedited Rulemaking

A. If an agency determines it meets the requirements of A.R.S. § 41-1027 and other requirements in the Act an agency shall prepare a Notice of Summary Rulemaking as prescribed in this Section.

B. A Notice of Proposed Summary Rulemaking shall contain:

On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF PROPOSED SUMMARY RULEMAKING.

On a centered line under the notice heading, the agency's Code Title number and heading.

On a centered line below the Title number and heading, the agency's Code Chapter number and heading.

If applicable, on a centered line under the Chapter number and heading the agency's Code Subchapter label and heading.

On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Proposed Summary Rulemaking shall include, in numbered order:

a. A list of the Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as specified in R1-1-502(B)(5) .

b. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

c. The interim effective date of the summary rule as specified in A.R.S § 41-1027(D) .

d. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

e. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking.

f. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

g. A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

h. If required, a preliminary summary of the economic, small business, and consumer impact. If not required, a statement of exemption under A.R.S. § 41-1055(D) .

i. Agency personnel to contact about the accuracy of the summary of the economic, small business, and consumer impact statement. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

j. The time, place, and nature of the proceedings to make, amend, or repeal the rule or, if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed summary rule.

k. A justification to the use of summary proceedings.

l. Any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additional matters shall include but are not limited to:

i. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

iii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

m. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the page after the last page of the Preamble and contain the text as specified in R1-1-502(B)(18) .

C. If an agency determines it meets the requirements in A.R.S. § 41-1027(A) through (E) it shall prepare a Notice of Final Summary Rulemaking. An agency shall, within 90 days after publication in the Register and after consideration of any comments, submit to the Council its final summary rule, along with the Preamble, concise explanatory statement, and economic, small business, and consumer impact statement.

D. A Notice of Final Summary Rulemaking shall contain:

On a centered line one inch from the top of the page, the heading in all capital letters NOTICE OF FINAL SUMMARY RULEMAKING.

On a centered line under the notice heading, the agency's Code Title number and heading.

On a centered line under the Title number and heading, the agency's Code Chapter number and heading.

If applicable, on a centered line under the Chapter number and heading the agency's Code Subchapter label and heading.

On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Final Summary Rulemaking shall include, in numbered order:

a. A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as specified in R1-1-502(B)(5) .

b. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

c. The permanent effective date of the summary rule as specified in A.R.S § 41-1027(D) .

d. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record of the Notice of Final Summary Rulemaking package.

e. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

f. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking.

g. A reference to any study relevant to the rule that the agency reviewed and either relied on or did not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

h. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

i. If required, a summary of the economic, small business, and consumer impact. If not required, a statement of exemption under A.R.S. § 41-1055(D) .

j. A description of any changes between the proposed summary rulemaking and the final summary rulemaking.

k. An agency's summary of the public or stakeholder comments made about the rulemaking and the agency response to the comments.

l. Any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additional matters include but are not limited to:

i. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

iii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

m. The phrase "The full text of the rules follows:".

The full text of the rules in the rulemaking package shall begin on the next page after the last item in the Preamble and contain the text as specified in R1-1-502(B)(18) .

E. A summary rulemaking package shall include:

Two agency receipts as specified in R1-1-106 ;

An original and two copies of the agency certificate as specified in R1-1-105 ;

If the notice is a Notice of Final Summary Rulemaking, an original and two copies of Council's certificate of approval as specified in R1-1-105 .

An original and two copies of the rulemaking package as specified in R1-1-103 ;

An economic, small business, and consumer impact statement if required by A.R.S. § 41-1055 ; and

An agency that received an analysis that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

F. Upon approval from the Council of the final summary rule, the Council shall file the final summary rulemaking package, to include all documents listed in subsection (E) with the Office.

A. Before a Notice of Proposed Expedited Rulemaking is filed an agency shall request to proceed under A.R.S. § 41-1027.

1. If the rulemaking complies with A.R.S. § 41-1027(A)(1), (3), or (5), the agency shall notify the governor, the president of the senate, the speaker of the house of representatives and the council of the proposed expedited rule making as specified under A.R.S. § 41-1027(B). Notification shall include:

a. Agency staff contact information. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site address, if applicable.

b. The exact wording of the proposed expedited rule making and indicate how the proposed expedited rule making achieves the purpose prescribed in A.R.S. § 41-1027(A)(1), (3) or (5).

2. If the rulemaking complies with A.R.S. § 41-1027(A)(2), (4), (6), or (7), the agency shall file a request for proposed expedited rule making with the governor and notify the president of the senate, the speaker of the house of representatives and the council of the request as specified under A.R.S. § 41-1027(C). The request shall include:

a. Agency staff contact information. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

b. The exact wording of the proposed expedited rule making and an explanation of how the proposed expedited rule making meets the criteria in A.R.S. § 41-1027(A).

3. Before an agency proceeds on the rulemaking under subsection (A)(2) it must receive approval from the governor for the notice (A.R.S. § 41-1027(D)).

B.On delivery of the notice required in subsection (A)(1), or on approval by the governor of a request for proposed expedited rulemaking required in subsections (A)(2) and (3), an agency shall prepare a Notice of Proposed Expedited Rulemaking under A.R.S. § 41-1027 and this Section.

C.A Notice of Proposed Expedited Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF PROPOSED EXPEDITED RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line below the Title number and heading, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Proposed Expedited Rulemaking shall include, the following list consecutively numbered:

a. A list of the Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as prescribed under R1-1-502(B)(5).

b. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

c. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site address, if applicable.

d. An agency's explanation why the proposed expedited rule should be made, amended, repealed, or renumbered under A.R.S. § 41-1027(A) and why expedited proceedings are justified under A.R.S. § 41-1001(16)(c).

e. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

f. A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

g. If applicable, a statement that the agency is exempt from the requirements under A.R.S. § 41-1055(G) to prepare and file an economic, small business, and consumer impact statement under A.R.S. § 41-1055(D)(2).

h. If applicable, the agency's contact person who can answer questions about the preliminary summary of the economic, small business, and consumer impact of the proposed expedited rule. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site address, if applicable.

i. The time, place and nature of the proceedings for the making, amendment or repeal of the rule and how persons may provide written comment to the agency on the proposed expedited rule under A.R.S. § 41-1027(E).

j. Any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additional matters shall include but are not limited to:

i. Whether the rule requires a permit, license, or agency authorization under A.R.S. § 41-1037(A), and whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

k. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rule:

l. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the page after the last page of the Preamble and contain text formatted as prescribed under R1-1-502(B)(5).

D.A Notice of Proposed Expedited Rulemaking package shall include:

1. Two agency receipts as specified under R1-1-106;

2. If applicable, three copies of either:

a. The notice notifying the governor, the president of the senate, the speaker of the house of representatives, and the council of expedited rulemaking under A.R.S. § 41-1027(B); or

b. The request filed with the governor, the president of the senate, the speaker of the house of representatives, and the council under A.R.S. § 41-1027(C); and the governor's approval of the agency's expedited rulemaking request under A.R.S. § 41-1027(D);

3. An original and two copies of the agency certificate as specified under R1-1-105; and

4. An original and two copies of the rulemaking package as specified under R1-1-103.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3). New section made by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-802 Notice of Objection to a Proposed Expedited Rulemaking

A.If the agency received an objection or objections to a Proposed Expedited Rulemaking, a Notice of Objection to a Proposed Expedited Rulemaking shall be filed in the Office for publication under A.R.S. § 41-1013(B)(12).

B.A Notice of Objection to a Proposed Expedited Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters NOTICE OF OBJECTION TO A PROPOSED EXPEDITED RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title number and heading, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading the agency's Code Subchapter label and heading.

5. A citation to the Proposed Expedited Rulemaking that was published in the Register .

6. The number of objections received.

C.A Notice of Objection to a Proposed Expedited Rulemaking package shall include:

1. Two agency receipts as prescribed under R1-1-106 ,

2. An original and two copies of the notice form as prescribed under R1-1-103.

History

• New section made by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Ariz. Admin. Code § R1-1-803 Notice of Final Expedited Rulemaking

A.If the requirements of A.R.S. § 41-1027 and other requirements in the Act are met, an agency shall prepare a Notice of Final Expedited Rulemaking as specified in this Section.

B.A Notice of Final Expedited Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters NOTICE OF FINAL EXPEDITED RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title number and heading, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the notice shall include the following list consecutively numbered:

a. A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as prescribed under R1-1-502(B)(5).

b. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

c. The effective date of the rule.

d. Citations to all related notices published in the Register as prescribed under R1-1-409(A) that pertain to the record of the Notice of Final Summary Expedited Rulemaking package.

e. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site address, if applicable.

f. An agency's explanation why the proposed expedited rule was made, amended, repealed, or renumbered under A.R.S. § 41-1027(A) and why expedited proceedings were justified under A.R.S. § 41-1001(15)(c).

g. A reference to any study relevant to the rule that the agency reviewed and either relied on or did not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

h. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

i. A statement that the agency is exempt from the requirements under A.R.S. § 41-1055(G) to prepare and file an economic, small business, and consumer impact statement under A.R.S. § 41-1055(D)(2).

j. A description of any changes between the proposed expedited rulemaking and the final expedited rulemaking.

k. An agency's summary of the public or stakeholder comments or objections made about the rulemaking and the agency response to the comments. An agency shall, "adequately respond in writing to the comments on the proposed expedited rule making" under A.R.S. § 41-1027(E).

l. Any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additional matters include but are not limited to:

i. Whether the rule requires a permit, license, or agency authorization under A.R.S. § 41-1037(A), and whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states. m. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the next page after the last item in the Preamble and contain the text as prescribed under R1-1-502(B)(18).

C.A final expedited rulemaking package shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the agency certificate as specified in R1-1-105;

3. An original and two copies of Council's certificate of approval as specified in R1-1-105.

4. If applicable, three copies of either:

a. The notice notifying the governor, the president of the senate, the speaker of the house of representatives, and the council of expedited rulemaking under A.R.S. § 41-1027(B); or

b. The request filed with the governor, the president of the senate, the speaker of the house of representatives, and the council under A.R.S. § 41-1027(C); and the governor's approval of the agency's expedited rulemaking request under A.R.S. § 41-1027(D);

5. If applicable, two copies of the Notice of Objection to a Proposed Expedited Rulemaking provided for Council review;

6. An original and two copies of the rulemaking package as specified in R1-1-103;

7. An agency that received an analysis that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

D. Upon approval from the Council of the proposed expedited rule, the agency shall file the final expedited rulemaking package under A.R.S. § 41-1027(I).

E. The expedited rule becomes effective 30 days following publication of final expedited rulemaking under A.R.S. § 41-1027(J).

History

• New section made by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Article 9 EXEMPT RULEMAKING

Ariz. Admin. Code § R1-1-901 Exempt Rulemaking

A. An agency shall not file with the Office an exempt rule made by the agency before September 30, 1992.

B. The Office shall publish in the Code any exempt rule made after September 30, 1992 if the agency involved submits the rulemaking package to the Office. An exempt rule shall be submitted following the procedures in Article 6 of this Chapter, except that an agency shall use the notice specified in R1-1-902.

C. The Office shall identify in the Code a Chapter containing rules that are exempt from the Act and made after September 30, 1992, by a statement specifying the exemption at the beginning of the Chapter and before a Section or Article made under an exemption and by specifying the exemption in the Section's historical note.

D. If a statute or session law authorizes an agency to publish in the Register a type of rulemaking not specified in this Chapter, the agency shall contact the Office orally or by letter, specifying the exact statutory citation.

History

• Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

Ariz. Admin. Code § R1-1-902 Notice of Exempt Rulemaking

A. If an agency determines it meets the requirements of A.R.S. §§ 41-1005 and 41-1057, or has been given a statutory exemption, an agency shall prepare a Notice of Exempt Rulemaking as prescribed in this Section.

B. A Notice of Exempt Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters NOTICE OF EXEMPT RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title number and heading the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Exempt Rulemaking shall include in numbered order:

a. A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as specified in R1-1-502(B)(5).

b. Citations to the agency's statutory rulemaking authority to include:

i. The authorizing statute (general),

ii. The implementing statute (specific), and

iii. The statute or session law authorizing the exemption.

c. The effective date of the rule and the agency's reason it selected the effective date.

d. A list of all notices published in the Register as specified in R1-1-409(A) that pertain to the record of the exempt rulemaking.

e. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

f. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered to include an explanation about the rulemaking.

g. A reference to any study relevant to the rule that the agency reviewed and either relied on or did not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

h. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

i. The summary of the economic, small business, and consumer impact, if applicable.

j. A description of any changes between the proposed rulemaking, including any supplemental proposed rulemaking, and the final rulemaking, if applicable.

k. An agency's summary of the public or stakeholder comments made about the rulemaking and the agency response to the comments, if applicable.

l. Any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. When applicable, matters shall include, but not be limited to:

i. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

iii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

m. A list of any incorporated by reference material and its location in the rule.

n. Whether the rule was previously made, amended, repealed, or renumbered as an emergency rule. If so, the agency shall state where the text changed between the emergency and the exempt rulemaking packages.

o. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the next page after the last item in the Preamble and contain the text as specified in R1-1-502(B)(18).

C. An exempt rulemaking package submitted to the Office for filing and publication shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the agency certificate as specified in R1-1-105;

3. An original and two copies of the rulemaking package as specified in R1-1-103;

4. An economic, small business, and consumer impact statement if required by A.R.S. § 41-1055; and

5. An agency that received an analysis comparing the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

History

• New Section made by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3).

Article 10 RECODIFICATION

Ariz. Admin. Code § R1-1-1001 Notice of Recodification

A.An agency may renumber one or more Sections from one Chapter to another Chapter, or within a Chapter under R1-1-404(B)(1) . An agency that renumbers a rule under this Section shall make no other changes to the rule except corrections to Section references within the text of the Sections or headings.

B.A Notice of Recodification shall contain:

1. On a centered line, one inch from the top of the page, the heading in all capital letters NOTICE OF RECODIFICA-TION;

2. On a centered line under the Notice heading, the agency's Code , Title number, and heading ;

3. On a centered line under the Title number and heading, the agency's Code Chapter number and heading;

4. If applicable, on a centered line under the Chapter number and heading, the agency's Code , Sub-chapter label and heading;

5. Under the Chapter number and heading or, if applicable the Subchapter label and heading, the following list consecutively numbered:

a. The Subchapters (if applicable), Articles, Parts (if applicable), and Sections along with their respective headings:

i. Being recodified ; and

ii. As recodified

b. A conversion table between the two numbering schemes; and

c. The name and address of agency personnel with whom persons may communicate regarding the recodification.

C. If an agency renumbers or recodifies a Section, it shall make no other changes to the Section except corrections to Section references within the text of the Section or its heading.

C. A Notice of Recodification package shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the agency certificate as specified in R1-1-105; and

3. The recodification scheme.

D.An agency shall file a Notice of Recodification for publication in the Register and the Code .

D E.A Notice of Recodification is effective the date filed.

History

• New Section made by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.

Chapter 6 GOVERNOR'S REGULATORY REVIEW COUNCIL

Article 1 GENERAL RULES OF PROCEDURE

Ariz. Admin. Code § R1-6-101 Definitions

A. The definitions in A.R.S. § 41-1001 apply to this Chapter.

B. In this Chapter:

1. "Agency head" means the chief officer of an agency or another person directly or indirectly purporting to act on behalf or under the authority of the agency head.

2. "Chair" means the chairperson of the Council or the chairperson's designee.

3. "Electronic copy" means a document submitted or filed by e-mail or other electronic means.

4. "Expedited rule" means a rule made according to the procedures in A.R.S. §§ 41-1027 and 41-1053.

5. "Five-year Review Report" means a report submitted to the Council according to the procedures in A.R.S. § 41-1056 or 41-1095.

6. "Open Meeting Law" means A.R.S. Title 38, Chapter 3, Article 3.1.

7. "Public Comment" means a written comment or criticism submitted to an agency that relates in whole or in part to a proposed rule or an existing rule, or a comment made at an oral proceeding held in accordance with A.R.S. § 41-1023.

8. "Regular rule" means a rule made according to the procedures in A.R.S. §§ 41-1021 through 41-1024 and 41-1052.

History

• Adopted effective May 25, 1995 (Supp. 95-2). Amended effective April 3, 1996 (Supp. 96-2). Former Section R1-6-101 renumbered to R1-6-102; new Section R1-6-101 adopted by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.

Ariz. Admin. Code § R1-6-102 Meetings

A. The Chair, in consultation with the Council, shall set monthly meeting dates of the Council and a schedule containing submission deadlines based on those meeting dates for each calendar year by the preceding September 15 and shall post notice of each monthly meeting according to the Open Meeting Law.

B. The Chair or Council may schedule a special meeting to consider any matter it may consider at a regularly scheduled monthly meeting. The Council shall post notice of a special meeting according to the Open Meeting Law at least 24 hours before the special meeting.

C. The Council may recess a regularly scheduled monthly or special meeting to a later date if, before recessing, the Chair gives notice of the date and time of the resumption of the meeting and posts a notice of resumption of the meeting according to the Open Meeting Law.

D. The Chair may temporarily adjourn or recess a regularly scheduled monthly or special meeting on the meeting day in an effort to ensure that a quorum of the Council is present.

E. For the purpose of responding to questions from the Council, a representative of an agency shall appear at a Council meeting at which the agency has been notified that its rule or five-year review report is on the agenda for consideration.

History

• Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Amended effective April 3, 1996 (Supp. 96-2). Former Section R1-6-102 renumbered to R1-6-103; new Section R1-6-102 renumbered from R1-6-101 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-103 Submitting a Petition for Council Rulemaking or Review

The Chair, in consultation with Council, shall establish for each calendar year, by the preceding October 31, a schedule containing submission deadlines based on the meeting dates established under R1-6-102 for:

Rules submitted or, if applicable, resubmitted to the Council including new, amended, repealed, or renumbered rules; and

Five-year review reports.

A. A person may petition the Council under A.R.S. § 41-1033(A) for a:

Rulemaking action relating to a rule promulgated by the Council, including making a new rule or amending or repealing an existing rule; or

2. Review of an existing Council practice or substantive policy statement alleged to constitute a rule.

B. To act under A.R.S. § 41-1033(A) and this Section, a person shall submit to the Council office one electronic copy of a petition, in the form of a letter signed by the person submitting the petition, that includes the following information:

1. Name, mailing address, e-mail address, and telephone number of the person submitting the petition;

2. Name of any person represented by the person submitting the petition; and

3. If the petition is for rulemaking action:

a. A statement of the rulemaking action sought, including the Arizona Administrative Code citation of all existing rules, and the specific language of a new rule or rule amendment; and

b. Reasons for the rulemaking action, including an explanation of why an existing rule is inadequate, unreasonable, unduly burdensome, or unlawful;

4. If the petition is for a review of an existing practice or substantive policy statement:

a. Subject matter of the existing practice or substantive policy statement, and

b. Reasons why the existing practice or substantive policy statement constitutes a rule.

C. The petition shall not exceed five double-spaced pages and shall be in a clear and legible typeface.

D. A person may submit supporting information with a petition, including:

1. Statistical data; and

2. A list of other persons likely to be affected by the rulemaking action or the review, with an explanation of the likely effects.

E. The Council shall send a letter in response to the petition no later than 60 calendar days after the date the Council receives the petition.

History

• Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Amended effective April 3, 1996 (Supp. 96-2). Former Section R1-6-103 renumbered to R1-6-104; new Section R1-6-103 renumbered from R1-6-102 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-104 A.R.S. Section 41-1008(E) Extension Requests

A. A representative of an agency shall appear at the Council meeting at which the agency's rule or five-year review report is to be considered for legal action to respond to questions by the Council.

B. If an agency representative fails to appear at the Council meeting at which the agency's rule or five-year review report is considered for legal action, the Council may:

Reschedule consideration of the rule or report;

Return a regular rule or report, in whole or in part, to the agency;

Approve a regular rule or report, in whole or in part, after allowing public comment, if any;

For an expedited rule, approve the rule, reject the rule, order the initiation of regular rulemaking, or provide comments on the expedited rule to the agency within the scope of A.R.S. § 41-1027(A) and require the agency to respond to comments or testimony in writing.

A. Under A.R.S. § 41-1008(E), an agency may file a written request for an extension of the two-year period during which a fee established or increased by exempt rulemaking is effective.

B. The agency shall file a request, in the form of a letter signed by the agency head, at least 40 days before expiration of the two-year period so that the request may be considered at a regularly scheduled Council meeting. The agency representative filing a request shall submit to the Council office one electronic copy of the request. The request shall contain:

1. The name, mailing address, e-mail address, and telephone number of the agency and the agency representative filing the request;

2. The statutory authority under which the request is allowed;

3. The length of the extension sought;

4. The reasons why the two-year period should be extended; and

5. Other supporting information, such as statistical data or a description of persons likely to be adversely affected if the request is denied, if applicable.

C. The request shall not exceed five double-spaced pages and shall be in a clear and legible typeface.

D. The Council shall schedule consideration of the request for a Council meeting as soon as practicable after receipt of the agency's request.

E. Within seven calendar days after the Council's decision on the request, the Chair shall provide written notification of the Council's decision to the affected agency head, including the reasons for and date of the decision.

History

• Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Amended effective April 3, 1996 (Supp. 96-2). Former Section R1-6-104 renumbered to R1-6-108; new Section R1-6-104 renumbered from R1-6-103 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-105 Public Comments

Within 10 business days of receipt, an agency shall submit to the Council office one electronic copy of any written public comment received by the agency.

History

• Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Amended effective April 3, 1996 (Supp. 96-2). Former Section R1-6-105 renumbered to R1-6-109; new Section R1-6-105 adopted by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Repealed by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. New section made by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.

Ariz. Admin. Code § R1-6-106 [REPEALED]

History

• Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Former Section R1-6-106 renumbered to R1-6-110; new Section R1-6-106 adopted by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Repealed by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013.

Ariz. Admin. Code § R1-6-107 Renumbered

History

• Adopted effective December 16, 1987 (Supp. 87-4). Repealed effective May 25, 1995 (Supp. 95-2). New Section adopted effective April 3, 1996 (Supp. 96-2). Former Section R1-6-107 renumbered to R1-6-111; new Section R1-6-107 adopted by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-107 renumbered to R1-6-204 by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3).

Ariz. Admin. Code § R1-6-108 Renumbered

History

• Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Amended effective April 3, 1996 (Supp. 96-2). Former Section R1-6-108 renumbered to R1-6-112; new Section R1-6-108 renumbered from R1-6-104 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-108 renumbered to R1-6-205 by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3).

Ariz. Admin. Code § R1-6-109 Renumbered

History

• Adopted effective December 16, 1987 (Supp. 87-4). Repealed effective May 25, 1995 (Supp. 95-2). New Section R1-6-109 renumbered from R1-6-105 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-109 renumbered to R1-6-206 by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3).

Ariz. Admin. Code § R1-6-110 Renumbered

History

• New Section R1-6-110 renumbered from R1-6-106 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-110 renumbered to R1-6-104 by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013; clerical error of not showing renumbering in Supp. 13-3 corrected in Supp. 17-3.

Ariz. Admin. Code § R1-6-111 Renumbered

History

• New Section R1-6-111 renumbered from R1-6-107 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Former R1-6-111 renumbered to R1-6-112; new R1-6-111 renumbered from R1-1-112 and amended by final rulemaking at 17 A.A.R. 1410, effective Septemter 5, 2011 (Supp. 11-3). Section R1-6-111 renumbered to R1-6-301 by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3).

Ariz. Admin. Code § R1-6-112 Renumbered

History

• New Section R1-6-112 renumbered from R1-6-108 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Former R1-6-112 renumbered to R1-6-111; new R1-6-112 renumbered from R1-1-111 and amended by final rulemaking at 17 A. A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-112 renumbered to R1-6-203 by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3).

Ariz. Admin. Code § R1-6-113 Renumbered

History

• New Section adopted by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-113 renumbered to R1-6-302 by final rulemaking at 19 A.A.R. 27 31, effective October 5, 2013 (Supp. 13-3).

Ariz. Admin. Code § R1-6-114 Renumbered

History

• New Section made by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-114 renumbered to R1-6-303 by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3).

Ariz. Admin. Code § R1-6-115 Renumbered

History

• New Section made by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). R1-6-115 renumbered to R1-6-304 by final rule making at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3).

Article 2 RULEMAKING PROCEDURES

Ariz. Admin. Code § R1-6-201 Submitting a Regular Rule

A. To submit a regular rule for consideration by the Council, an agency shall submit to the Council office one electronic copy of each rulemaking document that follows, prepared in the manner required by this subsection and the rules of the Office of the Secretary of State:

1. A request for approval, in the form of a cover letter signed by the agency head. The cover letter shall specify:

a. The close of record date;

b. Whether the rulemaking activity relates to a five-year review report and, if applicable, the date the report was approved by the Council;

c. Whether the rule establishes a new fee and, if it does, citation of the statute expressly authorizing the new fee;

d. Whether the rule contains a fee increase;

e. Whether an immediate effective date is requested for the rule under A.R.S. § 41-1032;

f. A certification that the preamble discloses a reference to any study relevant to the rule that the agency reviewed and either did or did not rely on in the agency's evaluation of or justification for the rule;

g. If one or more full-time employees are necessary to implement and enforce the rule, a certification that the preparer of the economic, small business, and consumer impact statement has notified the Joint Legislative Budget Committee of the number of new full-time employees necessary to implement and enforce the rule; and

h. A list of all documents enclosed.

2. A Notice of Final Rulemaking, including the preamble, table of contents for the rulemaking, and text of each rule;

3. An economic, small business, and consumer impact statement that contains the information required by A.R.S. § 41-1055;

4. The written comments received by the agency concerning the proposed rule and a written record, transcript, or minutes of any testimony received if the agency maintains a written record, transcript, or minutes;

5. Any analysis submitted to the agency regarding the rule's impact on the competitiveness of businesses in this state as compared to the competitiveness of businesses in other states;

B. In addition to the documents required in subsection (A), an agency shall submit one electronic copy of each reference document that follows:

2. Material incorporated by reference, if any;

4. The general and specific statutes authorizing the rule, including relevant statutory definitions; and

6. If a term is defined in the rule by referring to another rule or a statute other than the general and specific statutes authorizing the rule, the statute or other rule referred to in the definition.

7. The existing rule if any subsections within the existing rule are designated as "no change" in the revised text of a rule the agency is amending.

C. B. After a rule is placed on a Council agenda, Council staff shall review the rule for compliance with the requirements of A.R.S. §§ 41-1021 through 41-1024 and 41-1052 and this Chapter and may ask questions or suggest changes to the agency. If the agency revises any rulemaking document in response to a question or suggested change, the agency shall submit one electronic copy of the revised rulemaking document to the Council for review.

D. C. After a rule is placed on a Council agenda, an agency may have the rule moved to the agenda of a later meeting by having the agency head send a written notice to the Chair that includes the date of the later meeting. If the agency makes a subsequent request that the rule be moved, the Chair may grant or deny the request at the Chair's discretion.

E. D. Council staff shall notify the agency of any written comments received by the Council related to an agency's rulemaking.

F. E. If it is necessary for a rule to be heard at more than one Council meeting, the agency shall submit any revised documents for the later meeting, consistent with this Section.

F. An agency shall respond to any public comment received in accordance with A.R.S. § 41-1023. An agency shall provide a copy of its response to the commenter and the Council office.

History

• Adopted effective May 25, 1995 (Supp. 95-2). Amended by final rulemaking at 6 A.A.A. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.

Ariz. Admin. Code § R1-6-202 Submitting an Expedited Rule

A. To submit an expedited rule for consideration by the Council, an agency shall submit to the Council office one electronic copy of each rulemaking document that follows, prepared in the manner required by this subsection and the rules of the Office of the Secretary of State:

1. A request for approval, in the form of a cover letter signed by the agency head. The cover letter shall specify:

a. The close of record date;

b. An explanation of how the expedited rule meets the criteria in A.R.S. § 41-1027(A);

c. Whether the rulemaking activity relates to a five-year review report and, if applicable, the date the report was approved by the Council;

d. A certification that the preamble discloses a reference to any study relevant to the rule that the agency reviewed and either did or did not rely on in the agency's evaluation of or justification for the rule; and

e. A list of all documents enclosed.

2. A Notice of Final Expedited Rulemaking, including the preamble, table of contents for the rulemaking, and text of each rule;

3. The written comments, including objections that the rulemaking does not meet the criteria in A.R.S. § 41-1027(A), received by the agency or contained in a notice concerning the proposed rule;

4. Any analysis submitted to the agency regarding the rule's impact on the competitiveness of businesses in this state as compared to the competitiveness of businesses in other states;

B. In addition to the documents required in subsection (A), an agency shall submit one electronic copy of each reference document that follows:

2. Material incorporated by reference, if any;

4. For a statute declared unconstitutional, the court's decision;

6. The general and specific statutes authorizing the rule, including relevant statutory definitions;

8. If a term is defined in the rule by referring to another rule or a statute other than the general and specific statutes authorizing the rule, the statute or other rule referred to in the definition.

The text of the existing rule.

C. B. After a rule is placed on a Council agenda, Council staff shall review the rule for compliance with the requirements of A.R.S. §§ 41-1027, 41-1053, and this Chapter and may ask questions or suggest changes to the agency. If the agency revises any rulemaking document in response to a question or suggested change, the agency shall submit one electronic copy of the revised rulemaking document to the Council for review.

D. C. After a rule is placed on a Council agenda, an agency may have the rule moved to the agenda of a later meeting by having the agency head send a written notice to the Chair that includes the date of the later meeting. If the agency makes a subsequent request that the rule be moved, the Chair may grant or deny the request at the Chair's discretion.

D. An agency shall respond to any public comment received in accordance with A.R.S. § 41-1023. An agency shall provide a copy of the response to the commenter and an electronic copy to the Council office.

History

• New section made by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.

Ariz. Admin. Code § R1-6-203 Delivering a Notice of Proposed Expedited Rulemaking

A. Consistent with A.R.S. §§ 41-1027(G) and 41-1052(I) a person may submit written comments about an agency rulemaking to the Council within 30 days from Council receipt of the rulemaking. Written comments may include any visual aids or written materials supplementing planned testimony. For an expedited rulemaking, a person may submit written comments to the Council that are within the scope of A.R.S. § 41-1027(A) . The date of receipt of the rule shall be posted on the Council's web site. Council staff shall notify the agency of any written comments received by the Council. An agency may submit a written response to the Council before or during the scheduled Council meeting or, if more time is needed to respond, request in writing that the rulemaking be moved to the next regularly scheduled Council meeting.

B. A person may provide testimony about regular rulemaking at a Council meeting and may request that an expedited rulemaking be removed from the consent agenda and heard by the Council under A.R.S. § 41-1052 for the purpose of providing testimony.

C. The Chair may limit the time allotted to each speaker and preclude repetitious testimony.

D. A person who provides testimony or submits written comments to the Council shall:

Ensure that the testimony or comments relate to a final rulemaking submitted to the Council;

Address the provision of A.R.S. §§ 41-1027 or 41-1052(D) through (G) that is the basis for the Council's authority to consider each issue addressed;

State specifically how each issue relates to the particular provision addressed;

Explain the efforts the person made to communicate with the rulemaking agency about each issue;

Submit to Council staff one electronic copy and one paper copy of each written comment, including any visual aid or written material supplementing planned testimony; and

At the same time written comments are provided to the Council, provide a copy of written comments, including any visual aids or written materials supplementing planned testimony, to the agency.

E. If a person does not comply with the requirements of this Section, the Chair, in the Chair's discretion, shall consider the reason for the noncompliance, fairness to the rulemaking agency, and the best interests of the state in determining the action to take under A.R.S. §§ 41-1027, 41-1052, or 41-1053 .

A. Under A.R.S. § 41-1027(B), before filing a Notice of Proposed Expedited Rulemaking with the Office of the Secretary of State, an agency is required to submit an electronic copy of the Notice of Proposed Expedited Rulemaking to the Council.

B. Upon filing a Notice of Proposed Expedited Rulemaking with the Office of the Secretary of State, the agency shall:

1. Post the Notice of Proposed Expedited Rulemaking on its website as soon as practicable; and

2. Notify Council staff of the filing as soon as practicable. Upon receipt of this notice, Council staff shall post the Notice of Proposed Expedited Rulemaking on the Council's website as soon as practicable.

C. For the purposes of submitting a final expedited rule for consideration by the Council in accordance with R1-6-202, if the agency and the Council post the Notice of Proposed Expedited Rulemaking on their respective websites on different dates, the Council shall consider the 30-day public comment window established in A.R.S. § 41-1027(C) to have opened on the date of the agency's posting.

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-204 Submitting an Approved Regular or Expedited Rule with Changes

A. If a final regular or expedited rule is approved by the Council with changes, an agency shall submit to the Council office within 14 calendar days after Council approval, unless a later date is arranged under subsection (B), one electronic copy of each rulemaking document that follows, prepared in the manner required by this Chapter and the rules of the Office of the Secretary of State:

1. A letter identifying each change made at the direction of the Council; and

2. The following rulemaking documents:

a. A notice of Final Rulemaking or Notice of Final Expedited Rulemaking, as applicable; and

b. An economic, small business, and consumer impact statement, if applicable.

B. If an agency is unable to submit an approved regular rule or expedited rule to the Council office within the time specified in subsection (A), the agency shall contact the Council office in writing and arrange to submit the approved rule at a later date.

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-205 Filing a Regular or Expedited Rule Approved by the Council

A. If the Council approves a final regular or expedited rule as submitted, an agency shall file the final regular or expedited rule according to the rules of the Office of the Secretary of State.

B. If the Council approves a final regular or expedited rule subject to the agency making changes as directed by the Council, and the agency submits the rulemaking documents required by R1-6-204 :

1. Council staff shall verify whether each change required by the Council was made.

2. Once Council staff notifies the agency that the verification process is complete, the agency shall file the final regular or expedited rule according to the rules of the Office of the Secretary of State.

3. If an agency submits a revised preamble; table of contents; rule; or economic, small business, and consumer impact statement that does not contain the exact words approved by the Council, Council staff shall notify the agency and require that the items be submitted as approved or schedule the matter for reconsideration by the Council.

C. Except as specified in subsection (B), an agency shall not make any change to a preamble; table of contents; rule; economic, small business, and consumer impact statement; or materials incorporated by reference after Council approval.

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-206 Returned Rules

The Council may vote to return a preamble; table of contents; rule; or economic, small business, and consumer impact statement under A.R.S. § 41-1052(C), after identifying the manner in which the returned portion does not meet the standards at A.R.S. § 41-1052(D) through (G).

1. The Council may schedule a date for resubmission in consultation with the agency representative.

2. An agency shall resubmit the notice, with a revised preamble; table of contents; rule; or economic, small business, and consumer impact statement to the Council, and attach to each resubmitted document a letter that:

a. Identifies all changes made in response to the Council's explanation for the returned portion,

b. Explains how the changes ensure that the document meets the standards at A.R.S. § 41-1052(D) through (G), and

c. If applicable, shows that the resubmitted rule is not substantially different from the proposed rule under the standards in A.R.S. § 41-1025.

3. In accordance with R1-6-102, an agency representative shall appear at the Council meeting at which the resubmitted notice, with a revised preamble, table of contents, or rule, or economic, small business, and consumer impact statement is to be considered for legal action.

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-207 [Repealed]

History

• New section made by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Repealed by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Article 3 FIVE-YEAR REVIEW REPORTS

Ariz. Admin. Code § R1-6-301 Submitting a Five-year Review Report

A. To submit a five-year review report for consideration by the Council, an agency shall submit to the Council office one electronic copy of the cover letter signed by the agency head and the five-year review report required by A.R.S. § 41-1056. The agency shall concisely analyze and provide the following information in the five-year review report in the following order for each rule:

1. General and specific statutes authorizing the rule, including any statute that authorizes the agency to make rules;

2. Objective of the rule, including the purpose for the existence of the rule;

3. Effectiveness of the rule in achieving the objective, including a summary of any available data supporting the conclusion reached;

4. Consistency of the rule with state and federal statutes and other rules made by the agency, and a listing of the statutes or rules used in determining the consistency;

5. Agency enforcement policy, including whether the rule is currently being enforced and, if so, whether there are any problems with enforcement;

Clarity, conciseness, and understandability of the rule;

7. Summary of any written criticism of the rule received by the agency within the five years immediately preceding the five-year review report. An agency shall respond to any written criticism and shall provide a copy of its response to the commenter;

8. A comparison of the estimated economic, small business, and consumer impact of the rule with the economic, small business, and consumer impact statement prepared on the last making of the rule or, if no economic, small business, and consumer impact statement was prepared on the last making of the rule, an assessment of the actual economic, small business, and consumer impact of the rule;

9. Any analysis submitted to the agency by another person regarding the rule's impact on this state's business competitiveness as compared to the competitiveness of businesses in other states;

10. If applicable, how the agency completed the course of action indicated in the agency's previous five-year review report;

11. A determination after analysis that the probable benefits of the rule within this state outweigh the probable costs of the rule, and the rule imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs necessary to achieve the underlying regulatory objective;

12. A determination after analysis that the rule is not more stringent than a corresponding federal law unless there is statutory authority to exceed the requirements of that federal law;

13. For a rule adopted after July 29, 2010, that requires issuance of a regulatory permit, license or agency authorization, whether the rule complies with A.R.S. § 41-1037; and

14. Course of action the agency proposes to take regarding each rule, including the month and year in which the agency anticipates submitting the rules to the Council if the agency determines it is necessary to amend or repeal an existing rule, or to make a new rule. If no issues are identified for a rule in the report, an agency may indicate that no action is necessary for the rule.

B. To avoid repetition, an agency shall use a narrative format rather than a tabular format to present the information in the report. The narrative shall be organized according to the categories in subsection (A). For subsection (A)(2), the agency shall provide a specific objective, including the purpose for the existence of each individual rule. Within the remaining categories, an agency shall analyze each rule individually or, if the analysis for each rule is the same, consolidate the analysis, either by article or for all rules in the report. If the analysis for a category is identical for all of the rules in a report, the agency shall specify that the analysis within that category applies to all of the rules in the report. If the analysis for a category is identical for all of the rules in an article, the agency shall specify that the analysis within that category applies to all of the rules in the article.

C. B. In addition to the documents required in subsection (A), an agency shall submit one electronic copy of the cover letter. The cover letter shall provide the following information:

1. A person to contact for information regarding the report,

2. Any rule that is not reviewed with the intention that the rule will expire under A.R.S. § 41-1056(J),

3. Any rule that is not reviewed because the Council rescheduled the review of an article under A.R.S. § 41-1056(H), and

4. The certification that the agency is in compliance with A.R.S. § 41-1091.

D. In addition to the documents required in subsections (A) and (C), an agency shall submit one electronic copy of the following reference documents:

Rules being reviewed;

General and specific statutes authorizing the rules, including any statute that authorizes the agency to make rules; and

If an economic, small business, and consumer impact statement was prepared on the last making of a rule being reviewed, the economic, small business, and consumer impact statement for the rule.

E. C. After a five-year review report is placed on a Council agenda, Council staff shall review the report for compliance with the requirements of A.R.S. § 41-1056 and this Chapter and may ask questions or suggest changes to the agency. If the agency revises any document in response to a question or suggested change, the agency shall submit one electronic copy of the revised document to the Council for review.

F. D. After a five-year review report is placed on a Council agenda, an agency may have the report moved to the agenda of a later meeting by having the agency head submit one electronic copy of a written notice to Council staff that includes the date of the later meeting. If the agency makes a subsequent request to have a five-year review report moved, the Chair may grant or deny the request at the Chair's discretion.

G. A person may submit written comments to the Council. The Council may also permit testimony at a Council meeting.

History

• Adopted effective April 3, 1996 (Supp. 96-2). Former Section R1-6-301 renumbered to R1-6-302; new Section R1-6-301 adopted by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.

Ariz. Admin. Code § R1-6-302 Rescheduling a Five-year Review Report

A. To request that a five-year review report be rescheduled under A.R.S. § 41-1056(H), an agency head shall submit one electronic copy of a letter to the Chair before the report is due that includes the following information:

1. The Title, Chapter, and Article of the rules for which rescheduling is sought;

2. Whether the rules were initially made or substantially revised with an effective date or date of Council approval that is within two years before the due date of the report; and

a. If substantially revised:

i. A description of the revisions,

ii. Why the revisions are believed to be substantial,

iii. The date of Council approval of the rules, if applicable, and

iv. The date on which the rules were published in the Register by the Office of the Secretary of State and the effective date of the rules; or

b. If initially made:

i. The date of Council approval of the rules, if applicable, and

ii. The date on which the rules were published in the Register by the Office of the Secretary of State and the effective date of the rules.

B. The Chair, in the Chair's discretion, may grant the rescheduling of a five-year review report for the rules within an Article that meet the requirements of this Section.

C. The Chair may, on the Chair's own initiative, reschedule a five-year review report if all rules within an Article meet the requirements of this Section.

History

• New Section renumbered from R1-6-301 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.

Ariz. Admin. Code § R1-6-303 Extension of the Due Date for a Five-year Review Report

A. An agency may obtain an extension of 120 days to submit a five-year review report by submitting one electronic copy of a notice of extension to the Council office before the due date of the report. The agency shall specify in the notice the reason for the extension.

B. An agency may, as an alternative, request a longer extension that is more than 120 days but does not exceed one year by submitting one electronic copy of a request to the Chair at least 40 days prior to the due date of the report. The agency shall specify the length of the requested extension and the reason for the requested extension.

1. A request for an extension that is more than 120 days but does not exceed one year shall be placed on the agenda of a Council meeting scheduled to occur prior to the due date of the report.

2. The Council shall consider the reason for the requested extension and may grant a request for an extension that is more than 120 days but does not exceed one year.

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.

Ariz. Admin. Code § R1-6-304 [Repealed]

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Repealed by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-305 Returned Five-year Review Reports

The Council may vote to return, in whole or in part, a five-year review report after identifying the manner in which the five-year review report does not meet the standards in A.R.S. § 41-1056(A).

1 The Council, in consultation with the agency, shall schedule submission of a revised report.

2 An agency submitting a revised five-year review report shall attach to the revised report a letter that:

a Identifies all changes made in response to the Council's explanation for return of the five-year review report, and

b Explains how the changes ensure that the five-year review report meets the standards in A.R.S. § 41-1056(A).

History

• New section made by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013.

Article 4 APPEALS AND PETITIONS

Ariz. Admin. Code § R1-6-401 Applicability

For purposes of this article, the term "petition or appeal" refers to the following:

1. The A.R.S. § 41-1008(G) Petition for an alternative expiration date for fees established or increased by exempt rulemaking;

2. The A.R.S. § 41-1033(E) Appeal of an agency's decision on a petition requesting the making of a final rule or a review of an existing agency practice or substantive policy statement that the petitioner alleges to constitute a rule;

3. The A.R.S. § 41-1033(F) Petition to request a review of a final rule based on a person's belief that a final rule does not meet the requirements prescribed in A.R.S. § 41-1030;

4. The A.R.S. § 41-1033(G) Petition to request a review of an existing agency practice, substantive policy statement, final rule, or regulatory licensing requirement that is not specifically authorized by statute pursuant to Title 32 based on the person's belief that the existing agency practice, substantive policy statement, final rule or regulatory licensing requirement is unduly burdensome or is not demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern;

5. Pursuant to A.R.S. § 41-1033(H), the Council's receipt of information indicating that an existing agency practice or substantive policy statement may constitute a rule or that a final rule does not meet the requirements prescribed in A.R.S. § 41-1030 or that an existing agency practice, substantive policy statement, final rule or regulatory licensing requirement does not meet the guidelines prescribed under A.R.S. § 41-1033(G);

7. The A.R.S. § 41-1052(B) Early Review Petition;

9. The A.R.S. § 41-1055(E) Petition for a determination that an agency is not required to file an economic, small business, and consumer impact statement;

11. The A.R.S. § 41-1056(M) Petition to require an agency that has an obsolete rule to consider including the rule in a five-year review report with a recommendation for repeal of the rule;

13. The A.R.S. § 41-1056(N) Petition to require an agency to consider including a recommendation for reducing a licensing time frame in a five-year review report;

15. The A.R.S. § 41-1056.01(D) Appeal related to the economic, small business, and consumer impact of a rule; and

17. The A.R.S. § 41-1081(F) Appeal of a delegation agreement.

History

• Adopted effective April 3, 1996 (Supp. 96-2). Amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Amended by final rulemaking at 19 A.A.R. 2731, effective August 30, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.

Ariz. Admin. Code § R1-6-402 Filing of Petitions or Appeals; Agency Response; Council Decision

A. A person filing a petition or appeal shall submit to the Council one electronic copy of the petition or appeal. The petition or appeal shall contain:

1. The name, mailing address, e-mail address, and telephone number of the person filing the petition or appeal;

2. The name of the person being represented by the person filing the petition or appeal, if applicable;

3. The reasons for submitting the petition or appeal, including relevant facts, laws, and statutory authority;

4. The reasons why the Council should grant the petition or appeal; and

5. Any supporting documents relevant to the petition or appeal.

B. The petition or appeal shall not exceed five double-spaced pages and shall be in a clear and legible typeface.

C. If applicable, the Council shall notify the affected agency head of the petition or appeal by 5:00 p.m. of the business day following receipt of the petition or appeal. The agency may submit a response to the petition or appeal to the Council.

D. When required by statutes, within 14 calendar days after a petition or appeal is received by the Council, the Chair shall send written notice to the person filing the petition or appeal and the affected agency head stating whether the required number of Council members have requested that a given petition or appeal be considered at a Council meeting.

E. No later than seven calendar days after the Council renders a decision on a petition or appeal, the Chair shall send a letter to the affected agency head and the person filing the petition, advising them of the reasons for, and date of, the decision.

History

• Adopted by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-403 Additional Requirements for an Appeal of a Delegation Agreement

A. Under A.R.S. § 41-1081(F), a person who has filed a written comment with a delegating agency in objection to all or part of a proposed delegation agreement may, within thirty days after the agency gives written notice of its decision pursuant to A.R.S. § 41-1081(E), appeal an agency's decision to enter into a delegation agreement.

B. In addition to the information required by R1-6-402(A), an appeal of a delegation agreement shall contain:

1. The name of each agency and each political subdivision entering into the delegation agreement;

2. The subject matter of the delegation agreement;

3. Copies of all written comments made by the appellant that object to the delegation agreement and have been filed with the delegating agency; and

4. The reasons why the appellant is objecting to the delegation agreement and filing the appeal.

C. The Council shall notify the delegating agency head of an appeal of a delegation agreement by 5:00 p.m. of the business day following receipt of the appeal.

D. The delegating agency head shall submit electronic copies of the following information and documentation by 5:00 p.m. on the third business day following notification by the Council of the appeal:

1. A memorandum that includes:

a. The date the delegating agency gave written notice of the decision to enter into the delegation agreement;

b. The dates of all public proceedings regarding the delegation agreement; and

c. The name, mailing address, e-mail address, and telephone number of the contact persons for each agency and each political subdivision involved in the agreement.

2. A copy of the delegation agreement; and

3. The agency's written summary, prepared as required by A.R.S. § 41-1081(E), responding to all oral or written comments received by the agency regarding the delegation agreement.

History

• Adopted by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-404 Additional Requirements for an Appeal Related to the Economic, Small Business, and Consumer Impact of a Rule

A. Under A.R.S. § 41-1056.01(D), a person who is or may be affected by an agency's final decision on a petition filed pursuant to A.R.S. § 41-1056.01(A) may, within thirty days of publication of the decision, file an appeal.

B. In addition to the information required by R1-6-402(A), an appeal of an agency's final decision on a petition filed pursuant to A.R.S. § 41-1056.01(A) shall contain a statement indicating how the person filing the appeal is or may be affected by the agency's decision.

C. The Council shall notify the affected agency head of an appeal of an agency's final decision on a petition filed pursuant to A.R.S. § 41-1056.01(A) by 5:00 p.m. of the business day following receipt of the appeal.

D. The affected agency head shall submit electronic copies of the following information and documentation by 5:00 p.m. on the third business day following notification by the Council of the appeal:

A memorandum that includes:

a. The date of publication of the agency's final decision under A.R.S. § 41-1056.01(C);

b. The name, mailing address, e-mail address, and telephone number of the agency's contact person; and

c. Reasons why the agency believes that:

i. The actual economic, small business, and consumer impact did not significantly exceed the estimated economic, small business, and consumer impact;

ii. The actual economic, small business, and consumer impact was estimated on approval of the rule and the impact doesnot impose a significant burden on persons subject to the rule; or

iii. The agency selected the alternative that imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.

2. A copy of final judgments, if any, issued by a court of competent jurisdiction that are based on whether the contents of the rule's economic, small business, and consumer impact statement were insufficient or inaccurate;

3. A copy of the rule being appealed; and

4. A copy of the agency's written summary of comments received, the agency's response to those comments, and the agency's final decision on whether to initiate rulemaking, prepared and published as required by A.R.S. § 41-1056.01(C).

History

• Adopted by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Article 5 [REPEALED]

Ariz. Admin. Code § R1-6-501 [Repealed]

History

• New Section made by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Repealed by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-502 [Repealed]

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Repealed by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Article 6 [REPEALED]

Ariz. Admin. Code § R1-6-601 [Repealed]

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Repealed by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Article 7 [REPEALED]

Ariz. Admin. Code § R1-6-701 [Repealed]

History

• Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Repealed by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Article 8 [REPEALED]

Ariz. Admin. Code § R1-6-801 [Repealed]

History

• New section made by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Repealed by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.

Ariz. Admin. Code § R1-6-802 [Repealed]

History

• New section made by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Repealed by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.