Arizona Administrative Code, Title 8 — Emergency and Military Affairs

Ariz. Admin. Code tit. 8, ch. 1 Reserved

Chapter 2 DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT

Article 2 REPEALED

Ariz. Admin. Code § R8-2-18 [REPEALED]

History

• Section repealed by summary rulemaking at 7 A.A.R. 5655 with an interim effective date of December 21, 2001 (Supp. 01-4). Final summary rules filed April 8, 2002; interim effective date of December 21, 2001 now the permanent effective date (Supp. 02-2).

Ariz. Admin. Code § R8-2-19 [REPEALED]

History

• Section repealed by summary rulemaking at 7 A.A.R. 5655 with an interim effective date of December 21, 2001 (Supp. 01-4). Final summary rules filed April 8, 2002; interim effective date of December 21, 2001 now the permanent effective date (Supp. 02-2).

Ariz. Admin. Code § R8-2-20 [REPEALED]

History

• Former Rule Part 3; Amended effective July 20, 1977 (Supp. 77-4). Section repealed by summary rulemaking at 7 A.A.R. 5655 with an interim effective date of December 21, 2001 (Supp. 01-4). Final summary rules filed April 8, 2002; interim effective date of December 21, 2001 now the permanent effective date (Supp. 02-2).

Ariz. Admin. Code § R8-2-21 [REPEALED]

History

• Former Rules Section 4.06-1, Section 4.06-2, Section 4.07 and Part 4; Amended effective July 20, 1977 (Supp. 77-4). Section repealed by summary rulemaking at 7 A.A.R. 5655 with an interim effective date of December 21, 2001 (Supp. 01-4). Final summary rules filed April 8, 2002; interim effective date of December 21, 2001 now the permanent effective date (Supp. 02-2).

Ariz. Admin. Code § R8-2-22 [REPEALED]

History

• Former Rule Part 5; Amended effective July 20, 1977 (Supp. 77-4). Section repealed by summary rulemaking at 7 A.A.R. 5655 with an interim effective date of December 21, 2001 (Supp. 01-4). Final summary rules filed April 8, 2002; interim effective date of December 21, 2001 now the permanent effective date (Supp. 02-2).

Article 3 GOVERNOR'S EMERGENCY FUND

Ariz. Admin. Code § R8-2-33 [REPEALED]

History

• Former Rules 1 and 2; Former Section R8-2-33 repealed, new Section R8-2-33 adopted effective June 11, 1980 (Supp. 80-3). Repealed effective September 18, 1996 (Supp. 96-3).

Ariz. Admin. Code § R8-2-34 [REPEALED]

History

• Former Rules 2a and 2b; Former Section R8-2-34 repealed, new Section R8-2-34 adopted effective June 11, 1980 (Supp. 80-3). Repealed effective September 18, 1996 (Supp. 96-3).

Ariz. Admin. Code § R8-2-35 [REPEALED]

History

• Former Rules 3, 4, 5 and 6; Former Section R8-2-35 repealed, new Section R8-2-35 adopted effective June 11, 1980 (Supp. 80-3). Repealed effective September 18, 1996 (Supp. 96-3).

Ariz. Admin. Code § R8-2-36 [REPEALED]

History

• Former Rule 7; Former Section R8-2-36 repealed, new Section R8-2-36 adopted effective June 11, 1980 (Supp. 80-3). Repealed effective September 18, 1996 (Supp. 96-3).

Ariz. Admin. Code § R8-2-37 [REPEALED]

History

• Former Section R8-2-37 repealed, new Section R8-2-37 adopted effective June 11, 1980 (Supp. 80-3). Repealed effective September 18, 1996 (Supp. 96-3).

Ariz. Admin. Code § R8-2-38 [REPEALED]

History

• Former Sections A1, A2, B1, B2, C1, C2, D, E Attachment; Former Section R8-2-38 repealed, new Section R8-2-38 adopted effective June 11, 1980 (Supp. 80-3). Repealed effective September 18, 1996 (Supp. 96-3).

Ariz. Admin. Code § R8-2-39 [REPEALED]

History

• R8-2-39 and Attachments 1 and 2 adopted effective June 11, 1980 (Supp. 80-3). R8-2-39 and Attachments 1 and 2 repealed effective September 18, 1996 (Supp. 96-3).

Article 4 REPEALED

Ariz. Admin. Code § R8-2-41 [REPEALED]

History

• Adopted as an emergency effective March 24, 1982, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 82-2). Former Section R8-2-41 adopted as an emergency now adopted as a permanent rule effective June 24, 1982 (Supp. 82-3). Adopted as an emergency effective October 12, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-5). Emergency expired. Former Section R8-2-41 repealed, new Section R8-2-41 adopted effective April 2, 1985 (Supp. 85-2). Section R8-2-41 repealed as an emergency effective March 14, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (see R4-34-1101, Arizona State Fire Code, adopted as an emergency pursuant to A.R.S. § 41-1026, valid for only 90 days) (Supp. 88-1). Emergency expired. Section R8-2-41 repealed effective November 16, 1988 (see R4-34-1101, Arizona State Fire Code) (Supp. 88-4).

Article 5 EMERGENCY EXPIRED

Ariz. Admin. Code § R8-2-51 Emergency Expired

History

• Adopted as an emergency effective July 17, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired.

Ariz. Admin. Code § R8-2-52 Emergency Expired

History

• Adopted as an emergency effective July 17, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-4). Emergency expired.

Ariz. Admin. Code § R8-2-53 Emergency Expired

History

• Adopted as an emergency effective July 16, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-4). Emergency expired.

Ariz. Admin. Code § R8-2-54 Emergency Expired

History

• Adopted as an emergency effective July 16, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-4). Emergency expired.

Article 1 SEARCH AND RESCUE

Ariz. Admin. Code § R8-2-101 Definitions

In this Article, for purposes of these rules, and unless the text requires otherwise:

1. "Claim" means documentation of eligible expenses associated with the conduct of a search and rescue mission.

1 2. "Claimant" means a department of the state or a political subdivision eligible to receive state reimbursement for search or rescue operations.

2 3. "Emergency Operations Center for Search and Rescue" means the State Emergency Operations Center provides coordination, communications, administrative and support assistance. The center is located in the offices of the State Division of Emergency Management.

3 4. "Mission" means any action required to accomplish that portion of Title 26, Arizona Revised Statutes, relating to the preparation for and conduct of search and rescue operations.

4 5. "Mission coordinator" means the county sheriff, or sheriff's designee, excluding federal reservations, where agreements are nonexistent.

5 6. "Mission identifier" means a number assigned by the State Division of Emergency Management to identify a search and rescue mission.

6 7. "On-scene coordinator" means the individual Search and Rescue (SAR) Coordinator designated by the sheriff as the on-scene person in charge of a particular search and rescue mission.

7 8. "Political subdivision" means, within the context of this Article, a county sheriff.

8 9. "Recovery" means to relocate, under direction of the statutory authority, a deceased person from the site of his demise to an appropriate location.

910. "Reimbursement" means the payment of state funds in accordance with A.R.S. § 35-192.01(A) and (B).

1011. "Rescue" means to render aid, under the direction of the county sheriff, to persons whose life or health is threatened by circumstances beyond their control and return them to a place of safety.

1112. "Search" means to seek out and locate, by the use of air, surface, and/or subsurface equipment and qualified registered personnel, live persons known or thought to be, by the county sheriff, in a distress situation and unable to reach a place of safety by their own efforts.

History

• Former Rule Part 3; Amended effective July 18, 1977 (Supp. 77-4). Amended paragraphs (1), (3) and (8) effective June 30, 1986 (Supp. 86-3). Editorial correction, paragraph (2) (Supp. 88-4). Former R8-2-01 amended and renumbered effective March 7, 1990 (Supp. 90-1). Amended by final rulemaking at 21 A.A.R. 3021, effective 1/11/2016.

Ariz. Admin. Code § R8-2-102 Support of Search or and Rescue Operations

A. The Director of the Division of Emergency Management, in accordance with A.R.S. Title 26, is responsible for supporting search or rescue operations of the state, coordinating the use of state resources or the resources of one or more political subdivisions in support of any other political subdivision in the conduct of search and rescue operations and for providing the services of a state search or rescue coordinator.

B. The Division of Emergency Management shall coordinate activities to include the following:

1. Mission identifiers for search and rescue operations.

a. Authorized county sheriff search and rescue coordinators may obtain Mission Numbers through the Division of Emergency Management's Search and Rescue (SAR) data collection system.

b. On weekends, holidays or other than normal business hours, contact the headquarters of the Department of Public Safety by telephone. The name and telephone number of the caller will be relayed to personnel of the Division of Emergency Services who will assist the caller.

2. State government personnel and/or equipment, including the Arizona National Guard.

3. United States military personnel and/or equipment.

Resources not readily available locally.

5. Resources to support responsible authorities on federal reservations.

6. Specialized personnel and/or equipment from other states.

7. A state government search or rescue coordinator to assist the on-scene coordinator.

87. Reimbursement of eligible claims.

98. Prescribing forms and/or procedures for acquiring mission identifiers, reporting search or rescue mission activities, claiming reimbursement of eligible expenses and similar administrative matters.

History

• Former Rule Part 4A Attachment B; Former Rule Part 4 Attachment C; Former Rule Part 4 Attachment D; Amended effective June 30, 1986 (Supp. 86-3). Former R8-2-02 amended and renumbered effective March 7, 1990 (Supp. 90-1). Amended by final rulemaking at 21 A.A.R. 3021, effective 1/11/2016.

Ariz. Admin. Code § R8-2-103 Reimbursement to County Governments

A. Reimbursement to county governments from the Governor's Emergency Fund is authorized for eligible expenses incurred during the conduct of search and rescue operations. A search and rescue mission, in order to qualify for reimbursement, must fall within the purview of A.R.S. § 35-192(C). Claims shall be submitted within 60 calendar days after the close or suspension of the mission. Eligible and ineligible expenses are itemized below:

Eligible:

a. Salaries or contracts for the services of specialized personnel, provided that prior approval has been obtained from the Director, Division of Emergency Management.

b. Overtime pay for eligible government employees. The claimant's overtime policy must be adhered to when submitting for overtime.

c. Telephone and data charges directly related to search or rescue missions.

d. Reimbursement of recovery expenses should the subject of an eligible search and rescue mission be found deceased. Reimbursement of recovery expenses for a suspected decedent may be authorized with the prior approval of the Director, Division of Emergency Management.

e. Cost of materials and supplies procured with public funds or taken from government stocks and consumed, lost, damaged or destroyed during an eligible search and rescue mission.

f. Rental costs of specialized equipment or aircraft, provided that the rates do not exceed the lowest rates available for the same or similar equipment. The prior approval of the Director, Division of Emergency Management is required.

g. Actual costs of fuel or lubricants paid by a county government for the operation of vehicles, equipment, or aircraft.

h. Repairs to surface/subsurface vehicles and equipment damaged during search and rescue missions. Costs are limited to the restoration of the immediate pre-mission condition.

i. Reimbursements will be made only for equipment specifically required for the conduct of the search and rescue mission.

Ineligible:

a. Regular salaries or wages of government employees,

b. Salaries or wages of elected or appointed officials and employees ineligible for overtime pay,

c. Office supplies and equipment,

d. Rental of administrative office space,

e. Purchase of equipment or facilities,

f. Cost of items of personal wearing apparel,

g. Firearms.

B. The eligibility of other expenses shall be determined by the Director, Division of Emergency Management, within the scope of this guidance, on a case-by-case basis.

History

• Former Rule Part 5; Amended subsections (B) and (C) effective June 30, 1986 (Supp. 86-3). Former R8-2-03 amended and renumbered effective March 7, 1990 (Supp. 90-1). Amended by final rulemaking at 21 A.A.R. 3021, effective 1/11/2016. Amended by final exempt rulemaking at 29 A.A.R. 235, effective 12/15/2022.

Ariz. Admin. Code § R8-2-104 Reimbursement to a Department or Agency of the State

A. Expenses incurred, resulting from participation in search and rescue missions, shall be borne initially by the state department or agency. Reimbursement shall be governed by A.R.S. § 35-192.01(B). Claims shall be submitted within 60 calendar days after the close or suspension of a mission. Eligible and ineligible expenses are itemized below:

Eligible:

a. Salaries or wages of employees directly engaged in search or rescue work.

b. Salaries or wages of regular employees who are diverted from their normal duties to engage in search or rescue work.

c. Overtime pay for eligible regular employees.

d. Communications charges directly related to search or rescue operations.

e. Travel directly related to search or rescue operations.

f. Reimbursement of recovery expenses should the subject of an eligible search and rescue mission be found deceased. Reimbursement of recovery expenses for a suspected decedent may be authorized with the prior approval of the Director, Division of Emergency Management.

g. Cost of materials and supplies procured with public funds or taken from government stocks and consumed, lost, damaged or destroyed during an eligible search and rescue mission.

h. Rental costs of specialized equipment or aircraft, provided that the rates do not exceed the lowest rates available for the same or similar equipment. Sole source providers will be considered. The prior approval of the Director, Division of Emergency Management is required.

i. Actual cost of fuel or lubricants paid by a state department or agency for the operation of vehicles, equipment or aircraft.

j. Repairs to surface/subsurface vehicles and equipment damaged during search or rescue mission. Costs are limited to the restoration of the immediate pre-mission condition.

k. Reimbursements will be made only for equipment specifically required for the conduct of the search and rescue mission.

2. Ineligible:

a. Salaries or wages of elected or appointed officials,

b. Office supplies and equipment,

c. Rental of administrative office space,

d. Costs of items of personal apparel,

e. Firearms.

B. The eligibility of other expenses shall be determined by the director, Division of Emergency Management, within the scope of this guidance, on a case-by-case basis.

History

• Former Rule Part 6; Amended subsections (B) and (C) effective June 30, 1986 (Supp. 86-3). Former R8-2-04 amended and renumbered effective March 7, 1990 (Supp. 90-1). Amended by final rulemaking at 21 A.A.R. 3021, effective 1/11/2016. Amended by final exempt rulemaking at 29 A.A.R. 235, effective 12/15/2022.

Ariz. Admin. Code § R8-2-105 Claimant Procedures and Supporting Documentation

A. Claims for reimbursement require certification by competent authority. Certification must include:

1. The name of the agency.

2. The date of the claim and the search and rescue mission identifier.

3. The name of each payee and the date the claimant paid each.

4. The item or service for which each payee received payment.

5. The amount paid each payee.

6. A statement that the documents supporting the claim are available in the claimant agency for review by the State Auditor General and/or the auditor from the Division of Emergency Management.

7. The signature of the individual authorized to file claims for the claimant agency.

B. The amounts claimed for reimbursement from the Governor's Emergency Fund must be based on eligible expenditures for a search and rescue mission to which a mission identifier has been assigned.

C. Appropriate documents, as prescribed by the Director, Division of Emergency Management, supporting each claim must be retained by the claimant pending audit by the State Auditor General and/or the Division of Emergency Management Auditor. These documents shall be retained following the reimbursement of a claim in accordance with retention schedules established by the Arizona State Library, Archives and Public Records pursuant to A.R.S. § 41-151 et seq .

History

• Former Rule Part 7 Attachment F; Amended effective July 18, 1977 (Supp. 77-4). Amended effective June 30, 1986 (Supp. 86-3). Former R8-2-05 amended and renumbered effective March 7, 1990 (Supp. 90-1). Amended by final rulemaking at 21 A.A.R. 3021, effective 1/11/2016.

Ariz. Admin. Code § R8-2-106 [REPEALED]

History

• Former Rule Part 8; Amended subsection (A) effective June 30, 1986 (Supp. 86-3). Repealed effective March 7, 1990 (Supp. 90-1).

Ariz. Admin. Code § R8-2-107 [REPEALED]

History

• Former Rule Part 2. Repealed effective March 7, 1990 (Supp. 90-1).

Article 3 GOVERNOR'S EMERGENCY FUND

Ariz. Admin. Code § R8-2-301 Definitions

In addition to the definitions provided in A.R.S. § 26-301, the following definitions apply to this Article, unless specified otherwise:

1. "Administrative Costs" covers direct and indirect costs incurred, in administering the public assistance grant. Direct costs can be identified separately by project and indirect costs are incurred for common or joint purposes. Examples of the activities that the allowance is intended to cover include: establishing project files, providing copies of documentation, collecting cost data and developing cost estimates, working with the State during project monitoring, final inspection, audits and audit preparation.

2. "Applicant" means any state agency or political subdivision of the state that requests emergency assistance from the state.

3. "Applicant's authorized representative" means the person authorized by the governing body of a political subdivision to request funds, time extensions, and attend to other recovery matters related to a specific emergency proclamation.

4. "Application for Assistance" means a written request by an applicant to the Director for assistance in responding to and/or recovering from an emergency.

5. "Contingency proclamation" means the document in which the governor authorizes the Director to pay expenses incurred by political subdivisions or state agencies that respond to frequently occurring emergencies that pose a significant and constant threat such as search or rescue, and hazardous materials spills.

6. "County" means the county or counties where an emergency is located.

7. "Department" means the Department of Emergency and Military Affairs provided in A.R.S. § 26-101 .

8. "Director" means the Director of the Arizona Division of Emergency Management within the Department of Emergency and Military Affairs.

9. "Division" means Arizona Division of Emergency Management.

10. "Eligible work" means actions taken and work performed by an applicant in response to an emergency that are consistent with the intent and purposes set forth in A.R.S. § 35-192 and these rules.

11. "Emergency" means any occasion or instance for which, in the determination of the Governor, state assistance is needed to supplement state agencies' and political subdivisions' efforts and capabilities to save lives, protect property and public health and safety, or to lessen or avert the threat of a disaster in Arizona.

12. "Emergency resolution" means a document by which the governing body of a political subdivision declares an emergency.

13. "Facility" means any building, works, system or equipment, built or manufactured, or an improved and maintained natural feature. Land used for agricultural purposes is not a facility.

14. "Fund" means the portion of the general fund used to pay incurred liabilities and expenses authorized as claims against the state to meet contingencies and emergencies when the Governor declares that a state of emergency exists.

15. "Incident period" means the time interval of an emergency during which damage occurs as documented in the Governor's Declaration of Emergency.

16. "Political subdivision" means any county, incorporated city or town, or school, community college, or other tax levying public improvement district.

17. "Proclamation" means the document in which the Governor declares that a state of emergency exists pursuant to A.R.S. § 35-192(A) and authorizes an expenditure from the fund.

18. "Reimbursement" means the payment of state funds in accordance with A.R.S. § 35-192 .

19. "State" means the state of Arizona.

20. "State agency" means any department, commission, board, agency, or division of the state, including the Department of Emergency and Military Affairs.

1. Adjutant General" means the head of the Arizona Department of Emergency and Military Affairs pursuant to A.R.S. §§ 26-101(C) and 26-102(A) and (C), of which the Division of Emergency Management is a component.

2. "Administrative Costs" means costs incurred in administering funds from the Governor's Emergency Fund in accordance with this article as authorized by A.R.S. § 35-192 et seq. Examples include: establishing Project files, providing copies of documentation, collecting cost data and developing cost estimates, working with the State during Project monitoring, final inspection, audits and audit preparation.

3. "Applicant" means any State Agency or Political Subdivision of the State that requests assistance from the State for a State Level Emergency.

4. "Applicant Agreement" means a written agreement between the Applicant and the Division setting forth the terms under which the Division may provide assistance to the Applicant.

5. "Applicant's Authorized Representative" means the person authorized by the governing body of an Applicant to request Governor's Emergency Funds, time extensions, and attend to other recovery matters related to a specific Declaration.

6. "Application for Assistance" means a written request by an Applicant to the Director to have the Governor declare a State-Level Emergency.

7. "Budgeted Employees" means employees of the Applicant holding positions, the wages and benefits for which were included in the Applicant's last annual budget adopted by Applicant prior to the Incident in question.

8. "County" means the county or counties where a State-Level Emergency is located.

9. "Damage" means (a) physical damage to Facility or Facilities resulting from an Incident that results in a Declaration, and (b) also includes temporary or emergency protective measures taken in anticipation of, or in response to, an Incident that results in a Declaration.

10. "Declaration" means the document in which the Governor declares that a State-Level Emergency exists pursuant to A.R.S. § 35-192(A) and authorizes an expenditure from the Governor's Emergency Fund.

"Department" means the Arizona Department of Emergency and Military Affairs, of which the Division of Emergency Management is a component.

12. "Director" means the Director of the Division of Emergency Management within the Arizona Department of Emergency and Military Affairs.

13. "Division" means the Division of Emergency Management within the Arizona Department of Emergency and Military Affairs.

"Eligible Cost" means the cost must be reasonable and necessary, as determined by the Division, and allowed under A.A.C. R8-2-313.

15. "Eligible Work" means (a) as determined by the Division, reasonable and necessary actions taken and work performed for temporary and emergency purposes, or for permanent purposes, by an Applicant in response to and for recovery from a State-Level Emergency that are consistent with the intent and purposes set forth in A.R.S. § 35-192 and A.A.C. Title 8, Chapter 2, Article 3, or (b) Hazard Mitigation.

16. "Emergency Resolution" means a document by which the governing body of a Political Subdivision declares an emergency.

17. "Facility" means any building, works, system or equipment, built or manufactured, or an improved and maintained natural feature. Land used for agricultural purposes is not a Facility.

18. "Governor's Emergency Fund" means the portion of the general fund available to pay Eligible Costs.

19. "Hazard Mitigation" means a sustained action taken to reduce or eliminate long-term risk to people and property from natural hazards and their effects.

20. "Improved Project" means work done on a Facility beyond that required to return the Facility to the condition it was before the State-Level Emergency in question, except for (a) work necessary to bring the Facility into compliance with current codes and standards as defined by regulatory codes and other requirements applicable at the Project's location, regardless of whether the Applicant is otherwise exempt from such regulatory codes or other requirements, and (b) Hazard Mitigation.

21. "Incident" means an event described in A.R.S. § 35-192(B).

"Incident Period" means the time interval of a State-Level Emergency during which the Damage caused by the Incident in question actually occurs, as determined by and stated in the Governor's Declaration.

23. "Kick-Off Meeting" means an Applicant's first post-Incident, in-person or electronic meeting with the Division that addresses the specific needs of the specific Applicant, and in which the Division and the specific Applicant are participants.

24. "Non-Budgeted Employees" means employees of the Applicant:

a. Holding positions not included in the Applicant's last annual budget adopted by Applicant prior to the Incident in question;

b. Any permanent employees funded in whole or in part from an external source;

c. Temporary employees hired to perform Eligible Work; and

d. Seasonal employees working outside their normal season of employment.

"Political Subdivision" means any county, incorporated city or town, or a school district, community college district, or other tax levying public district.

26. "Project" means Eligible Work requested by the Applicant to be funded in whole or part by the Governor's Emergency Fund.

"Project Worksheet" means a written document prepared by or for an Applicant defining the Eligible Work to be done on a damaged Facility that the Applicant seeks to have funded in whole or part by the Governor's Emergency Fund. A Project Worksheet must be approved and executed by the Division to be eligible for Reimbursement.

28. "Reimburse," "Reimbursement," and "Reimbursable" refer to the payment of State funds from the Governor's Emergency Fund in accordance with A.R.S. § 35-192 and A.A.C. Title 8, Chapter 2, Article 3.

29. "Scope of Work" means the Eligible Work to be performed, as documented in a Project Worksheet formally approved by the Division.

30. "State" means the State of Arizona.

31. "State Agency" means any department, commission, board, agency, or division of the State, including the Department of Emergency and Military Affairs.

32. "State-Level Emergency" means any occasion or instance for which, in the determination of the Governor, State assistance is needed to supplement State Agencies' and Political Subdivisions' efforts and capabilities to save lives, protect property and public health and safety, or to lessen or avert the threat of a disaster in Arizona.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-302 Applications for State-Level Emergency Assistance

A. An Applicant shall act for the purpose of this Article through its chief executive officer or body, or the Applicant's Authorized Representative. All documents required to be executed on behalf of the Applicant must be signed by one of the foregoing.

B. An Applicant shall use forms provided by the Division.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-303 Contents of an Application for Assistance

A. An applicant shall set forth in an application the cause, location, and beginning date of the emergency, a description of the damage caused by the emergency and potential health hazards arising from the emergency, the costs incurred for emergency response, and an estimate of the number of people affected by the emergency and costs for recovery.

B. Before submitting an application to the Director, the applicant shall use its available resources to respond to the emergency and request assistance from other political subdivisions that might respond to the emergency.

C. The "emergency" must also be clearly demonstrated to be above and beyond the jurisdiction's ability to recover from without state assistance. Examples as to how to demonstrate this element would be: use of mutual aid, documenting multiple events, lack of physical or personnel resources, depleted contingency funds or redirection of operating funds; which must be attested to in writing by the jurisdiction's chief financial officer.

A. An Applicant shall set forth in its Application for Assistance:

1. A description of the Damages and/or potential health or other hazards in issue;

2. The cause or causes of the Damages;

3. The location or locations of the Damages;

4. The beginning date of the Incident Period;

5. The costs incurred for response;

6. An estimate of the number of people affected; and

7. An estimate of the cost of what the Applicant believes will be the Eligible Work.

B. An Applicant's Application for Assistance shall show that before submitting an Application for Assistance to the Director, the Applicant first used all of its available resources to address the Incident. Before submitting an Application for Assistance to the Director, an Applicant that is a Political Subdivision shall request assistance from all other Political Subdivisions that might assist the Applicant in responding to the Incident.

C. The Applicant's Application for Assistance also must be accompanied by a statement on Applicant's letterhead and signed under oath by Applicant's chief financial officer, setting forth specific facts (including but not limited to the inadequacy of mutual aid resources, the nature and extent of the Damage, the lack of necessary physical assets or personnel, and/or the inadequacy of the Applicant's own financial resources) sufficient for the Director to find, in the Director's sole discretion, that the Eligible Work in question is beyond the Applicant's ability to complete without State assistance.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-304 Application for Assistance by a Political Subdivision

A. A County shall issue an Emergency Resolution before submitting an Application for Assistance to the Director.

B. A Political Subdivision other than a County shall submit an Emergency Resolution to the County or Counties in which it is located and request that, if necessary, such County or Counties issue an Emergency Resolution and make application to the Director. If the relevant County or Counties fails to issue an Emergency Resolution expeditiously, a Political Subdivision may submit an Application for Assistance directly to the Director.

C. A political subdivision shall submit an application to the Director using the most expeditious means.

D C. The Director shall reject an Application for Assistance that is not received by the Director within 14 calendar days (subject to A.R.S. § 1-243(A)) from the start of the Incident Period unless the Political Subdivision shows to the Director's satisfaction:

1. Good cause for the delay or

2. That the date the Incident Period started is difficult to establish.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-305 Application for Assistance by a State Agency

A. An Applicant that is a State Agency shall submit an Application for Assistance directly to the Director.

B. The Director shall reject an Application for Assistance that is not received by the Director within 14 calendar days (subject to A.R.S. § 1-243(A)) from the start of the Incident Period unless the State Agency shows to the Director's satisfaction:

1. Good cause for the delay or

2. That the date the Incident Period started is difficult to establish.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-306 Action on an Application for Assistance

A. The Director may make a recommendation to the Governor whether to issue a Declaration.

B. The Director shall notify the Applicant in writing of the Governor's decision to issue or not to issue a Declaration. If the Governor issues a Declaration, the Division shall forward a copy to the Applicant.

C. State payment of claims submitted by a political subdivision pursuant to a proclamation shall not exceed 75% of eligible costs or such lesser amount established by the Director. In no event should the aggregate amount of payments exceed the amount set forth in the Governor's proclamation, unless such amount is authorized pursuant to R8-2-308 .

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-307 Declaration File Number

A. The Division shall assign a file number to each State-Level Emergency that is the subject of a Declaration.

B. All correspondence regarding a State-Level Emergency to which a file number is assigned shall reference the file number.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-308 Limitation of Governor's Emergency Fund Expenditure

Expenditure from the fund, as a result of a particular proclamation, shall not exceed the amount authorized in the proclamation unless an additional amount is authorized by the Governor's Emergency Council as prescribed in A.R.S. § 35-192 .

A. Expenditure from the Governor's Emergency Fund as a result of a particular Declaration shall not exceed the amount authorized in the Declaration unless an additional amount is authorized by the State Emergency Council as prescribed in A.R.S. § 35-192.

B. State payment of claims submitted by a Political Subdivision pursuant to a Declaration shall not exceed 75% of Eligible Costs or such lesser amount established by the Director, which shall be set forth in the Applicant Agreement. In no event should the aggregate amount of payments exceed the amount set forth in the Governor's Declaration, unless such amount is authorized pursuant to R8-2-308(A).

C. State payment of claims submitted by a State Agency pursuant to a Declaration shall not exceed 100% of Eligible Costs or such lesser amount established by the Director, which shall be set forth in the Applicant Agreement. In no event should the aggregate amount of payments exceed the amount set forth in the Governor's Declaration, unless such amount is authorized pursuant to R8-2-308(A).

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-309 Time Limits

A. Following the Governor's proclamation reasonable work completion time limits shall be established by the Division. If the applicant feels, an extension of time is needed to complete work and submit claims arising from an emergency, a request for time extension, stating good cause for request, shall be submitted to the Division prior to identified time limit. If it is determined that good cause exists, an extension of time will be granted and the applicant will be notified of the decision in writing. Time limits are as follows:

B. Six months for temporary measures and emergency work and 12 months for permanent measures. If no effort has been made to begin work within this timeline, the project can be cancelled and funding withdrawn. If work has begun, a request for time extension should be submitted, as per subsection (A), and needs to include a timeline for project completion. A second extension request will be considered if there are extenuating circumstances outside the applicant's ability to control and/or work is near completion.

C. All damages attributed to a declared disaster must be identified by the eligible applicant within 60 days of the date of the Governor's Declaration. A final list of projects will be documented for concurrence and signature by both the applicant and a Division representative at the end of that 60 day period. Any damages identified after the 60 days will not be considered for reimbursement under the declared event.

D. All required information pertaining to the accurate development, review and approval of Project Worksheets identified under subsection (B) must be provided to the Division by the eligible applicant within six months from the date of declaration. Any information not received within that time-frame will not be considered as eligible costs reimbursable under the declared event; with the exception of hidden damages discovered after construction begins.

A. All of an Applicant's Facility or Facilities with Damage attributed to a specific State-Level Emergency and related information must be identified in writing to the Division by the Applicant within 60 days of the date of the Kick-Off Meeting, unless the start of the 60-day period is established by a Governor's Amendment to the Declaration. Any damaged Facility identified by the Applicant to the Division after this 60-day period has expired shall not be considered for Reimbursement unless the Applicant shows to the Director's satisfaction good cause for the delay.

B. All information that the Applicant wishes to have considered by the Division in evaluating Applicant's Project, including but not limited to information relating to Damages, Scope of Work, estimated and actual costs, and all other information that has been requested by the Division, must be provided to the Division by the Applicant within six months from the date of the Governor's Declaration, regardless of whether a Federal declaration is issued. Any information not received by the Division within this six-month period may not be considered by the Division in determining Reimbursement under the declared State-Level Emergency, with the exception of information relating to Damages that are both not discovered and not discoverable until after Eligible Work has been begun.

C. All Eligible Work for temporary and emergency purposes must be completed within six months of the date of the Governor's Declaration, and all Eligible Work for permanent purposes must be completed within 12 months of the date of the Governor's Declaration. If otherwise Eligible Work has not been completed within these time limits, the Division may cancel the Project in question, may recover from the Applicant any past funding provided by the Division for the Project, and may withdraw any then-future funding that would otherwise have been provided from the Governor's Emergency Fund for the Project.

D. The Division will consider an Applicant's request for an extension of time of any of Applicant's obligations under this Article only if the Applicant submits a written request for such an extension of time to the Division at least 14 calendar days (subject to A.R.S. § 1-243(A)) prior to the expiration of the existing deadline, unless the Applicant shows to the Division's satisfaction good cause for the delay. Any such request must include both:

1. An explanation of the need for additional time that establishes that the need for additional time is due to extenuating circumstances outside the Applicant's ability to control and/or that work is near completion; and

2. A timeline for completion of Applicant's obligations in question. All applications for extensions will be granted or denied in the Division's sole discretion.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-310 Retention of Records

The applicant shall maintain for three years all records relating to claims submitted by the applicant in accordance with A.R.S. § 41-151 and shall make the records available for inspection and audit by the Department auditor and the auditor general.

The Applicant shall maintain all records relating to claims submitted by the Applicant for three years after the final payment is made by the Division to Applicant or three years after the Applicant completes refunding to the Division any amount required under R8-2-318, whichever is later, and shall make these records available for inspection and audit by the Department and/or the State Auditor General.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-311 Establishment of the Incident Period and Termination of the Declaration

A. The Director shall recommend to the Governor, for inclusion in the Governor's Declaration, the beginning and ending dates of the Incident Period. If the Director determines that the Incident Period has a beginning or ending date different from that stated in the Declaration, the Director shall recommend to the Governor that the Declaration be amended to reflect the correct dates.

B. At the Director's recommendation, the Governor shall terminate the proclamation when the following occur:

1. The recovery work is complete,

2. The Division completes a final inspection of all work for which the applicant submits a claim,

3. The applicant submits a claim to the Director for all work which the applicant seeks reimbursement,

4. The Division pays all authorized claims,

5. The required audits are complete, and

6. The applicant receives amount due or pays amount owed.

C. After the audit and final payment of all eligible applicant's claims, the Governor shall issue a termination proclamation.

B. Once all of the following conditions have been met, the Director shall advise the Governor that the Declaration may be terminated:

1. The approved Eligible Work associated with the particular Incident is complete;

2. The Division has completed all inspections of all such Eligible Work for which Applicants have submitted timely claims;

3. The Division has reimbursed all authorized claims associated with the particular Incident;

4. All audits associated with the particular Incident are complete; and

5. All Applicants have received all amounts due from the Governor's Emergency Fund associated with the particular Incident and have refunded to the Governor's Emergency Fund all overpayments associated with the particular Incident.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-312 Duplication of Benefits

A. The State is not liable for any claim arising from a State-Level Emergency for which the Applicant receives funds from another source. Such funds from other sources shall not count towards the Applicant's contribution percentage.

B. The State will not contribute toward any Eligible Costs arising from a State-Level Emergency unless the Applicant applies for and is denied funding from all other available sources before submitting the claim to the State.

C. If an Applicant is within the Designated Disaster area of a Presidential Major Disaster Declaration, the State is not liable for any claim deemed ineligible by the Federal Emergency Management Agency (FEMA) under a Presidential Major Disaster Declaration. Claims denied by FEMA will not be considered eligible under the corresponding State-Level Emergency unless otherwise expressly allowed under R8-2-313(B).

D. If an Applicant, or the Department through the audit process, determines that the Applicant received duplicate funds for a claim from the State and/or another source, the Applicant shall refund the amount received from the State within 60 days of written notification by the Division.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-313 Allowable Claims Against the Governor's Emergency Fund

A. The Director shall allow expenditures from the fund for a claim arising from an emergency only if:

1. The amount claimed is a direct result of response or recovery operations to the emergency,

2. The applicant is legally and financially responsible for providing response or recovery operations in the emergency, and

3. The facility is other than a residential structure, and

4. The amount claimed is authorized under the provisions of subsection (B) or (D).

5. Once remediation is complete, projects will comply with appropriate state or federal environmental requirements, building, safety or other appropriate regulatory requirements.

B. The Director shall allow the following costs to be paid as claims against the fund:

1. Overtime salaries or wages and benefits of the applicant's budgeted personnel directly engaged in eligible emergency work;

2. Salaries or wages and benefits of the applicant's budgeted personnel directly engaged in eligible permanent work;

3. Salaries or wages and benefits of non-budgeted employees directly engaged in eligible emergency or permanent work;

4. Communication costs directly related to the emergency and directly requested by an eligible applicant;

5. Travel and per diem costs directly related to the emergency for personnel requested by an eligible applicant;

6. Materials and supplies consumed directly requested by an eligible applicant, except those listed under subsection (C)(2);

7. Rental of privately owned equipment at documented contractual rates directly requested by an eligible applicant;

8. Contributions toward the purchase of equipment if the necessary equipment is not available from federal, state, or local sources, and if the contribution does not exceed the cost of renting the item at prevailing local rates. Contribution will be reduced by the fair market value when the item is no longer needed for the declared disaster;

9. Owning and operating the applicant's equipment using rates established by the applicant or FEMA, whichever is less;

10. Work performed by private contractors. Contracts must be of reasonable cost and competitively bid and adhere to all jurisdictional procurement procedures. Jurisdictions may not enter into contracts with any private entity that has been debarred or suspended. Emergency Procurement, as defined in A.A.C. R2-7-E302, means "any condition creating an immediate and serious need for materials, services, or construction in which the state's best interests are not met through the use of other source-selection methods. The condition must seriously threaten the functioning of state government, the preservation or protection of property, or the health or safety of a person"?. Any procurement need that does not meet this definition would require following standard procurement process/procedures.

11. Work performed under a mutual-aid agreement between local governments or between a local government and a state agency is eligible for reimbursement by the requesting agency. The providing entity shall submit documented costs to the requesting agency for reimbursement. Eligible work must be paid to the responding jurisdiction by the requesting jurisdiction, and the requesting jurisdiction is then eligible for a cost-share reimbursement by the State; and

12. Prison labor including amounts paid to prisoners in accordance with established rates, guards (required number based on guard/ prisoner ratio) and costs of transporting and feeding prisoners.

13. Snow Removal: a political subdivision could make Application for State Assistance if they had met the following condition: If a winter storm event pushes the jurisdiction's cumulative snowfall total for a winter season above the average of the last five season's annual snowfall, then the jurisdiction could be eligible for assistance providing the event that pushes the cumulative total above the threshold is above and beyond the capability of the affected jurisdiction. (see R8-2-303 ) (Snowfall measurement data source will be the National Weather Service and historical snowfall data source will be the National Climatic Data Center.)

C. The Director shall not allow the following costs to be paid as claims against the fund:

1. Salaries or wages and benefits of elected or appointed officials responsible for directing governmental activities;

2. Administrative Costs, office supplies and equipment;

3. Rental of administrative office space;

4. Depreciation, insurance, storage, and similar fixed overhead costs;

5. Repairs and fuel for privately owned rented equipment, except where the rental agreement provides that the applicant will be responsible for repairs and fuel in addition to the rental fee;

6. Work performed under agreement between a state agency or local government and a federal agency where the work is paid for by federal funds;

7. Costs incurred under contracts based on cost plus a percentage of costs, unless the Director determines that the performance of immediate emergency work would be unduly delayed and would likely result in an imminent hazard to health or safety, in which case the Director may authorize an exception; and

8. Prison labor costs for lodging.

D. To submit a claim for a cost that cannot be classified under subsection (B), an applicant shall make a written request to the Director for an exception. The Director shall grant a request for an exception if the request explains the nature of the exception justifies why it is needed, and meets all other program guidelines as outlined in R8-2-301 through R8-2-320 . The Director shall immediately inform the applicant in writing of the decision to grant or deny the request for an exception.

E. When a facility damaged as a result of an emergency is repaired or replaced, the Director shall allow only the costs required to return the facility to the condition it was before the emergency, incorporating current standards and design requirements.

A. An executed Project Worksheet approves potential Reimbursement only to maximum of the dollar amount shown therein, which amount may not be increased except in a written document executed by both the Applicant and the Division or as a result of an adjustment after audit. The Division may allow expenditures from the Governor's Emergency Fund for an Eligible Cost arising from a State-Level Emergency only if all of the following conditions are met, unless the Director determines otherwise:

1. The Applicant is legally and/or financially responsible for providing the related Eligible Work;

2. If the Eligible Work involves repairs to a damaged Facility, the Facility must be owned by the Applicant at the time of the Incident, or the Applicant is obligated at the time of the Incident under a lease or other contract to perform or pay the cost of the Eligible Work;

3. The amount claimed is a direct result of Eligible Work related to the State-Level Emergency;

4. The amount claimed is authorized under R8-2-313(B) or R8-2-313(D);

5. The related Project or projects comply with all local, State, and Federal environmental and historic preservation, building, safety, and other regulatory codes and standards; and

6. The Applicant does not owe any overpayment under R8-2-318 for any past or present State Level Emergency (whether open or closed) that has not been timely refunded to the Division. Alternatively, the Director may reduce the amount of any Reimbursement to the Applicant from the Governor's Emergency Fund by the amount of any outstanding overpayment under R8-2-318 that has not been timely refunded by the Applicant to the Division.

B. The Division may, in the Division's sole discretion, allow the following to be Reimbursed from the Governor's Emergency Fund if the conditions set forth in R8-2-313(A) are met:

1. For emergency or temporary work, overtime wages and benefits of the Applicant's hourly Budgeted Employees directly engaged in Eligible Work, which must be in accordance with the Applicant's published policies for overtime, premium pay, and compensatory time costs. No such costs may be Reimbursed to the extent the Applicant's policy makes such salaries, wages or benefits:

a. Contingent on State or Federal funding;

b. Applicable only if there has been a State or Federal disaster declaration; or

c. Subject to any discretionary criteria;

2. For permanent work, salaries, or wages (including overtime for hourly Budgeted Employees only) and benefits of the Applicant's Budgeted Employees directly engaged in Eligible Work, which must be in accordance with the Applicant's published policies for overtime, premium pay, and compensatory time costs. No such costs may be Reimbursed to the extent the Applicant's policy makes such salaries, wages or benefits:

a. Contingent on State or Federal funding;

b. Applicable only if there has been a State or Federal disaster declaration; or

c. Subject to any discretionary criteria;

3. Wages (including overtime) and benefits of hourly Non-Budgeted Employees of the Applicant directly engaged in any Eligible Work, which must be in accordance with the Applicant's published policies for overtime, premium pay, and compensatory time costs. No such costs may be Reimbursed to the extent the Applicant's policy makes such salaries, wages or benefits:

a. Contingent on State or Federal funding;

b. Applicable only if there has been a State or Federal disaster declaration; or

c. Subject to any discretionary criteria;

Communication costs directly related to the State-Level Emergency incurred by the Applicant;

5. Travel and per diem costs directly related to the State-Level Emergency for Applicant employees and employees of other State Agencies or Political Subdivisions (but not employees of private non-profits, non-governmental agencies, or companies, or private individuals) performing the Eligible Work under a mutual aid agreement, subject to the Applicant's standard, non-emergency limitations for travel and per diem expenses for its own employees, or the State of Arizona's Travel Policy requirements, whichever provides for lesser Reimbursement;

6. Materials and supplies consumed by an Applicant in performing Eligible Work, except those listed under R8-2-313(C)(2);

Operating costs for the Applicant's equipment, using rates established by the Applicant, the Division, or FEMA, whichever is less. Rental of commercial or privately owned equipment by the Applicant may be allowed only at documented contractual rates, prorated for the time that such equipment was in actual use performing Eligible Work (which shall not include any "stand by" time), or at the contracted flat rate, whichever is less;

8. All procurement contracts must adhere to all local, State and Federal (if a Federal declaration applies) procurement requirements, whichever are the most restrictive, including but not limited to the Arizona Procurement Code, A.R.S. Title 41, Chapter 23 and A.A.C. Title 2, Chapter 7. "Emergency Procurement" is defined in A.A.C. R2-7-E302, and all Emergency Procurements must comply with A.A.C. R2-7-E302 and all other local, State or Federal (if a Federal declaration applies) procurement requirements, whichever are the most restrictive.

9. Subject to all other requirements of R8-2-313(B), Eligible Work performed under a mutual aid agreement between an Applicant receiving the aid and an entity providing the aid, is eligible for Reimbursement upon application by the Applicant. The entity providing the aid shall submit documented costs to the Applicant. Only the Applicant is eligible to submit for a cost-share Reimbursement from the Governor's Emergency Fund. Costs incurred by the entity providing the aid and related to Eligible Work are to be paid to the providing entity by the Applicant in compliance with the terms of the mutual aid agreement.

10. Prison labor, including amounts paid to prisoners in accordance with established rates, amounts paid to the required number of guards (with the required number of guards to be determined by the incarcerating entity's rules on the required guard/prisoner ratio), and the costs of transporting and feeding prisoners and guards.

11. Snow Removal: A Political Subdivision may submit an Application for Assistance if the Application establishes the existence of all of the following requirements: If an Incident resulting from a winter storm event results in a Declaration and also pushes the Applicant's cumulative snowfall total for a winter season above the average of the last five seasons' annual snowfall, then the Applicant may be eligible for assistance, provided that responding to the Incident is beyond the Applicant's ability to recover without State assistance; see R8-2-303(C) . The data source for snowfall measurement will be the National Weather Service, and the data source for historical snowfall will be the National Climatic Data Center.

C. The Division shall not allow the following to be Reimbursed from the Governor's Emergency Fund:

1. Salaries or wages and benefits of elected or appointed officials responsible for directing governmental activities;

2. Administrative Costs; purchase of office supplies; purchase or rental of office equipment; rental of administrative office space; depreciation; insurance premiums; storage costs; maintenance costs; lost revenue; and all overhead costs;

3. Contributions toward the purchase of equipment by the Applicant for use in performing Eligible Work. The Division may approve total or partial Reimbursement of such contributions in advance and in writing, but only if the necessary equipment is not available (without purchase) from Federal, State, or local sources, and if the contribution does not exceed the cost of renting the item for the period of actual use in performing Eligible Work (not to include "stand by" time) at prevailing local rates. At the Division's discretion, the total or partial Reimbursement of any such contribution from the Governor's Emergency Fund will be reduced by the fair market value of the item when the item is no longer needed for the State-Level Emergency in question;

4. Any donated resources, including but not limited to labor, equipment, and materials;

5. Repairs and fuel for privately owned or rented equipment, except where the rental agreement provides that the Applicant will be responsible for repairs and/or fuel in addition to the rental fee;

6. Work performed and/or materials provided:

a. Under agreement between a State Agency or Political Subdivision and a Federal agency, and

b. Paid for by Federal funds;

7. Costs incurred under contracts based on cost plus a percentage of costs;

8. Lodging costs associated with prison labor, including lodging costs for both the prisoners and their guards;

9. Any cost conditioned upon the availability of State or Federal funds;

10. Any cost incurred as a result of personnel or equipment "standing by" to perform Eligible Work, but not actually performing Eligible Work. Exception: Eligible Costs to provide life safety assistance where an immediate and direct threat to life safety is reasonably anticipated; and

11. Any costs incurred due to deterioration, deferred maintenance, the Applicant's failure to take measures to protect a Facility from further damage, or negligence.

D. To submit a claim for a cost that otherwise is not allowable under the terms of R8-2-313(B) but that is not barred under the terms of R8-2-313(C), an Applicant shall submit a written request to the Director for an exception, which request must be approved by the Director. The Director may, in the Director's sole discretion, grant a request for an exception if the Applicant:

1. Explains the nature of the exception requested;

2. Justifies why it is needed; and

3. The Applicant otherwise satisfies all other requirements of A.A.C. Title 8, Chapter 2, Article 3. The Division shall inform the Applicant in writing of the decision to grant or deny the request for an exception.

E. Except as allowed under R8-2-313(A)(5) and R8-2-314(A) and (B), when a Facility damaged as a result of a State-Level Emergency is repaired or replaced, the Director shall allow only the costs required to return the Facility to the condition it was before the State Level Emergency.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-314 Hazard Mitigation and Improved Projects

A. The applicant shall comply with any mitigation requirements specified by the Director for repair or replacement projects subject to repeated damage from flooding or other threats to life or property.

B. The applicant shall identify and request cost effective mitigation opportunities for the damaged element of the facility that would mitigate future impact from a similar event.

C. With approval by the Director, the applicant may restore pre-disaster function and make improvements for which the applicant is financially responsible. Claims against the Fund are limited to the State share for the project estimate for the repairs necessary to return the facility to the condition it was before the emergency. A written request for improvements is to be submitted as soon as possible following receipt of approved project which will include a statement recognizing financial responsibility for the improvements.

A. The Applicant is encouraged to identify and request that the Governor's Emergency Fund be used to pay for cost effective Hazard Mitigation opportunities for each Facility that has suffered Damage in the State-Level Emergency that would mitigate future impact from a similar future emergency.

B. The Applicant shall comply with any Hazard Mitigation requirements specified in writing by the Division for Facilities subject to repeated damage or threats to life or property, as described in a Project Worksheet approved by the Division.

C. With approval by the Division, the Applicant may submit for an Improved Project and make improvements to a Facility in addition to restoring pre-disaster function to a Facility identified to the Division within 60-days of the Kick-Off Meeting per R8-2-309(A) . Pursuant to R8-2-313(E), claims against the Governor's Emergency Fund for an Improved Project are otherwise limited to the State share for the Project estimate for the repairs necessary to return the Facility to the condition it was before the State-Level Emergency, subject to R8-2-313(A)(5) . All costs in excess of the State's share for the Improved Project are the sole responsibility of the Applicant.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-315 Advance of Funds from the Governor's Emergency Fund

All requests for an advance of funds from the Governor's Emergency Fund must be made by the Applicant in writing, shall be signed by the Applicant's Authorized Representative, and submitted to the Director. The Director may, in the Director's sole discretion, grant a request for an advance for work not completed only if the Director determines that the Applicant has demonstrated that the work is Eligible Work and cannot be completed without an advance. The amount of an advance is in the Director's sole discretion.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-316 Final Inspection and Audit

Upon completion of all work by an Applicant, the Division shall inspect all the work for which the Applicant has received any funding from the Governor's Emergency Fund. The Applicant shall provide the Division with access to all such work and shall permit review of all records relating to such work. After completion of the final inspection, the Department's chief auditor shall conduct an audit of the Applicant's claims. The Director shall use this audit to determine the eligibility of claimed costs and either the amount of the final payment due to the Applicant, or the amount of the overpayment due from the Applicant to the Division.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-317 Inspection and Audit of Contract Provisions

If a contract or subcontract for the furnishing of goods, equipment, labor, materials, or services may be Reimbursed in whole or in part with funds from the Governor's Emergency Fund to the Applicant, the Applicant shall include in the contract or subcontract a provision that all books, accounts, reports, and other records relating to the contract or subcontract shall be subject to inspection and audit by the state for five years after completion of the contract or subcontract.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Renumbered from R8-2-318 and amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-318 Overpayment

A. If the Director determines that an applicant is required to refund an overpayment, as demonstrated by the audit outlined in R8-2-316, the Director shall provide the applicant written notice of the amount owed. The applicant shall reimburse the Division within two months of the date of notification.

B. An applicant may request a review, as set forth in R8-2-320, of a determination under subsection (A) that an amount must be refunded. If the review results in a decision that the applicant is required to reimburse the Division, the applicant shall refund the amount required within two months of the decision.

If the Director determines that an Applicant is required to refund an overpayment, the Division shall provide the Applicant written notice of the Director's decision and the amount owed. The Applicant shall refund this amount to the Division within 60 days of the date of the written notification.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Renumbered from R8-2-319 and amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-319 Review and Appeal

A. Any party aggrieved by a decision rendered by the Director may appeal the decision, in writing, not later than 15 days after receipt of notice of the Director's decision.

B. When an appeal is filed, the Director shall contact the Office of Administrative Hearings to schedule the case with the office in accordance with A.R.S. § 41-1092.02 .

A. Decisions, determinations, or disaster-specific guidance made during a specific State-Level Emergency shall not be construed as establishing any precedent for decisions, determinations, or disaster specific guidance for future State-Level Emergencies.

B. If an Applicant is aggrieved by an initial decision of the Director, the Applicant may request a review and reconsideration by the Director not later than 30 days of the decision in question. The Applicant's request for a review:

1. Must be made in writing;

2. Must contain a statement of all the material facts relied on by the Applicant; and

3. Must have attached copies of all documents relied on by the Applicant in making its request. The Director shall issue a final written decision of the Director's review and reconsideration providing a detailed explanation of the decision on the Applicant's request for a review within 60 days. If the review results in a final written decision that the Applicant is required to refund an amount to the Division, the Applicant shall refund the amount required within 60 days of the Director's written decision.

C. Any Applicant aggrieved by a final written decision rendered by the Director may appeal the Director's final written decision by submitting a written notice of appeal to the Adjutant General not later than 30 days after the date of the Director's final written decision. A notice of appeal must:

1. Contain a statement of all of the material facts relied on by the Applicant;

2. Set forth in detail each separate legal theory relied on by the Applicant, with citations to supporting authorities; and

3. Have attached copies of all documents relied on by the Applicant in making its appeal. The Adjutant General shall issue a written decision providing a detailed explanation of the decision on the Applicant's appeal within 60 days. If the appeal results in a written decision that the Applicant is required to refund an amount to the Division, the Applicant shall refund the amount required within 60 days of the Adjutant General's written decision.

D. When an appeal of a decision rendered by the Adjutant General is submitted to the Adjutant General, the Adjutant General shall contact the Office of Administrative Hearings (OAH) to schedule the case to be heard by OAH in accordance with A.R.S. § 41-1092 et seq. and A.A.C. R2-19-101 et seq.

E. Any judicial appeal of a final administrative decision heard by OAH as allowable pursuant to A.R.S. § 41-1092 et seq. and A.A.C. R2-19-101 et seq. shall be heard in the Superior Court of Maricopa County in accordance with A.R.S. § 12-910 et seq. and the Rules of Procedure for Judicial Review of Administrative Decisions.

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Renumbered from R8-2-320 and amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-320 Renumbered

History

• Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Renumbered to R8-2-319 by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.

Ariz. Admin. Code § R8-2-321 [REPEALED]

History

• Adopted effective September 18, 1996 (Supp. 96-3). Repealed by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013.

Article 6 RECODIFIED AND REPEALED

Ariz. Admin. Code § R8-2-601 Recodified

History

• Adopted effective March 29, 1988 (Supp. 88-1). Amended by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1). Section R8-2-601 recodified to R18-18-201 at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-2-602 Recodified

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed; new Section made by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1). Section R8-2-602 recodified to R18-18-202 at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-2-603 Recodified

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed; new Section made by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1). Section R8-2-603 recodified to R18-18-203 at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-2-604 Recodified

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed; new Section made by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1). Section R8-2-604 recodified to R18-18-204 at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-2-605 Recodified

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed; new Section made by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1). Section R8-2-605 recodified to R18-18-205 at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-2-606 [REPEALED]

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1).

Ariz. Admin. Code § R8-2-607 [REPEALED]

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1).

Ariz. Admin. Code § R8-2-608 [REPEALED]

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1).

Ariz. Admin. Code § R8-2-609 [REPEALED]

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1).

Ariz. Admin. Code § R8-2-610 [REPEALED]

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1).

Ariz. Admin. Code § R8-2-611 [REPEALED]

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1).

Ariz. Admin. Code § R8-2-612 [REPEALED]

History

• Adopted effective March 29, 1988 (Supp. 88-1). Section repealed by final rulemaking at 9 A.A.R. 309, effective March 18, 2003 (Supp. 03-1).

Article 7 REGISTRATION OF EMERGENCY WORKERS

Ariz. Admin. Code § R8-2-701 Scope

This Article is applicable for the registering of emergency workers in accordance with A.R.S. § 26-314.

History

• Section made by final rulemaking at 14 A.A.R. 4519, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R8-2-702 Registration

Except what is provided in A.R.S § 26-353, registration is a prerequisite for eligibility of emergency workers for benefits and legal protections under A.R.S. § 26-314.

1. Emergency workers shall register with a department or agency of the state or a political subdivision of the state.

2. The information provided during registration may be used to conduct criminal history and driving record background checks.

3. Temporary registration.

a. Temporary registration may be used in emergency situations requiring immediate or on-scene recruitment of emergency workers.

b. Persons shall be temporarily registered if they have provided the required registration information in accordance with R8-2-703, but have not provided supporting documentation.

c. Period of temporary registration ends when the registering participant has been cleared pursuant to R8-2-702(1) and (2) or when the registering agency determines that the emergency for which the registering participant received a temporary registration is closed whichever occurs first.

4. Registration information shall be reviewed and updated annually.

History

• Section made by final rulemaking at 14 A.A.R. 4519, effective January 31, 2009 (Supp. 08-4)

Ariz. Admin. Code § R8-2-703 Required Registration Information

The following information is the minimum information required to register as an emergency worker:

Full name;

2. Birth date;

3. Gender;

4. Social Security Number;

5. Citizenship, to include a document verifying citizenship;

6. Provide verification of eligibility to work in the United States;

7. Address;

8. Contact phone number and e-mail address;

9. Driver's license number, issuing state and expiration date;

10. Registering jurisdiction;

11. Registering agency/organization;

12. Employer name, address and phone number;

Personal reference name, address and phone number;

14. Emergency contact name, address and phone number;

15. Professional licenses, certificates and registrations, to include numbers and expiration dates (copies will be provided);

16. Court record of felony convictions;

17. Record of misdemeanor convictions involving moral turpitude; and

18. Medical conditions which may limit ability to perform as an emergency worker.

History

• Section made by final rulemaking at 14 A.A.R. 4519, effective January 31, 2009 (Supp. 08-4)

Ariz. Admin. Code § R8-2-704 Registration Denial or Revocation; Denied Compensation

A. Failure to truthfully respond to statements set forth on the registration form may result in the denial of registration, revocation of registration as an emergency worker, or denial of compensation for claims arising under A.R.S § 23-1028(a).

B. Registration may be denied or revoked in the event of the following:

1. Failure to satisfactorily provide the information required in Section R8-2-703,

2. Health conditions that could limit the applicant's performance as an emergency worker, or

3. Felony convictions.

History

• Section made by final rulemaking at 14 A.A.R. 4519, effective January 31, 2009 (Supp. 08-4)

Chapter 3 DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS

Article 1 MILITARY INSTALLATION FUND

Ariz. Admin. Code § R8-3-101 Definitions

In addition to the definitions provided in A.R.S. § 26-261, the following definitions apply to this Article unless the context otherwise requires:

1. "Accident potential zone" has the meaning in A.R.S § 28-8461(1) and (2), as shown in the maps referenced in subsection (6).

2. "AMAC" means the Arizona Military Affairs Commission established under A.R.S. § 26-261.

3. "Clear zone" has the meaning in A.R.S. § 28-8461(8).

4. "Conservation easement" has the meaning in A.R.S. § 33-271(1).

5. "Development right" means the right to undertake and complete the development of real property for a particular use.

6. "High noise zone" means an area designated as "a high noise zone" on the military installation maps listed below. Maps are updated annually with State Land and Department of Real Estate. Current maps will be available from the Department of Real Estate):

a. Luke Air Force Base Military Airport Map;

b. Luke AFB Auxiliary Airfield Map

c. Marine Corps Air Station Yuma Land Use Boundaries;

d. Yuma Marine Corps Air Station Military Airport Map;

e. Gila Bend Auxiliary Airfield Map;

f. Davis-Monthan Air Force Base Military Airport Map;

g. Libby Army Airfield Fort Huachuca Military Airport Map; and

h. Laguna Army Airfield Yuma Proving Ground (YPG) Military Airport Map.

7. "Property management" means the preservation, transfer or disposal of property, including lease or sale of managed assets, consistent with the preservation or enhancement of military facilities in Arizona. Includes any structural renovations, construction of building modifications or improvements that mitigate or attenuate impact in high noise or accident potential zones, or removal of structures or improvements that are necessary for acquisition of private property for the purpose of protecting a military installation.

8. "MIF" means the Military Installation Fund established under A.R.S. § 26-262.

9. "Military installation" has the meaning in A.R.S. § 26-261(F).

10. "Multi-use opportunity" means a chance to simultaneously benefit a military installation and the community in the vicinity of the military installation including associated airspace, military training routes and ranges.

11. "Property" means real property including all rights to the real property such as easements, restrictive covenants, and development rights.

12. "Department" means the Department of Emergency and Military Affairs.

History

• Adopted effective January 29, 1982 (Supp. 82-1). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-501 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-102 Notice of Application Deadline and Public Comment Period

A. The Department shall provide notice of the application deadline for awards from MIF at least 60 days before the application deadline The Department shall ensure that notice of the application deadline is:

1. Published in the Arizona Administrative Register,

2. Posted on the Department's web site, and

3. Posted on the Arizona Military Affairs Commission meeting agenda.

B. The Department shall ensure that the notice provided under subsection (A) indicates that a property owner or jurisdiction interested in submitting an application is required to file an application form with the Department during normal working hours.

C. The Department shall provide an application form and instructions to a property owner or jurisdiction upon request.

D. The Department shall ensure that the notice provided under subsection (A) states that:

1. A copy of submitted applications will be available for public review at the Department, and

2. Members of the public may submit written comments to the Department about the submitted applications within the time specified in the notice.

History

• Adopted effective January 29, 1982 (Supp. 82-1). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-502 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-103 Administrative Review

A. The Department shall perform an administrative review to determine whether an application is complete and complies with the requirements in this Article within 45 days after the application deadline.

B. If the Department determines that an application is incomplete or does not comply with the requirements of this Article, the Department shall return the application to the applicant with a written notice of deficiencies that includes:

1. One original and four legible copies of the completed application form;

Supporting application documentation (one original and four copies);

3. The name of contact person, and the contact person's title, telephone and fax number and if possible an email address;

4. A legal description of the property;

5. Statements regarding the property the owner is offering for sale;

6. A map of the real property showing its relation to the specified military installation;

7. The date the property was acquired by the current owners;

8. The property owner's statement of legal ownership;

9. A list of all recorded/unrecorded encumbrances, liens, mortgages or easements;

10. A statement disclosing a phase one environmental inspection and the condition on the property;

11. Narrative regarding the applicant's eligibility to apply for the MIF award under the criteria specified in the applicant;

12. A description of the property owner's inability to use or limitation of use of the property;

13. The amount of funds requested, and the source of any supplemental funding available;

14. A description of measures taken by the applicant to mitigate the impact of the military installation on the property;

15. Documents from the military installation, city, town, county or other entity or individuals that support or oppose the proposed land acquisition.

16. The applicant's signature shall be notarized on the original application.

C. An applicant whose application is returned with a written notice of deficiencies shall correct the deficiencies and resubmit the application within 15 days from the date on the notice of deficiencies.

D. If an applicant whose application is returned with a written notice of deficiencies fails to correct the deficiencies and resubmit the application within the time provided under subsection (C), the Department shall close the file on the application unless the Department determines that it is in the best interest of the state to provide additional time for the applicant to submit a complete application.

E. Except as provided in subsection (D), the Department shall complete the administrative review of an application within 60 days after the application deadline.

F. The applicant is required to submit information changes within 15 days of a change in application facts.

G. If any information in an application changes before monies are expended, the Department shall evaluate the changed information and decide whether it is possible to proceed with the application as amended or a new application is required.

History

• Adopted effective January 29, 1982 (Supp. 82-1). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-503 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-104 Application for Approval of Expenditures of Monies or Funds

A. An applicant shall submit to the Department an original and four legible copies of a completed application, using a form that is available from the Department.

B. An applicant shall comply with the requirements of this Section on or before the deadline published under R8-3-102 . The applicant shall provide the following information, on or with the application form:

1. The property owner's name, mailing address, telephone number and, if available, fax number and e-mail address;

2. Information about the property owner's representative or agent, if applicable, including:

a. Name of representative or agent, mailing address, telephone number and, if available, fax number and e-mail address; and

b. Name of contact person for the representative or agent and the contact person's title, telephone and fax numbers, and e-mail address;

3. If the property owner is represented by another person, written consent for representation that is signed by the property owner and notarized;

4. A completed "Application Checklist" form which is available from the Department, listing all items included as part of the application;

5. The legal description of the location of the property offered for acquisition;

6. If less than all of the property owned is being offered for acquisition, a description of the portion of the property the owner is offering for acquisition;

7. A map of the applicable military installation showing the property offered for acquisition in relationship to the military installation;

8. The date the property was acquired by the current property owner;

9. The name in which title to the property is held;

10. A list of all known recorded or unrecorded mortgages, encumbrances, liens, and easements on the property;

11. A statement disclosing any known hazardous environmental conditions on the property;

12. A narrative explaining the applicant's eligibility to apply for funding from MIF;

13. A request statement stating the amount of MIF monies being requested. along with a copy of the most recent notice of the property valuation provided by the county assessor in which the property is located and any other evidence used to determine the amount of funds to request;

14. The amount and source of any supplemental funding available for the acquisition. Attach to the application verification from the source of the supplemental funding that supplemental funding is available and indicate whether there is a limitation on the availability or use of the supplemental funding;

15. A written description of the property owner's inability to use or limitation on the use of the property and how long the inability or limitation has existed due to state or local military planning and zoning mandates;

16. A written description of measures taken by the applicant to mitigate the impact of the military installation on the property and the property owner;

17. Any supporting or opposing documents from a military installation, city, town, or county related to the proposed acquisition;

18. A written explanation or documentation providing information the applicant believes will assist the Department and AMAC regarding the acquisition request; and

19. The signature of the property owner or the owner's representative verifying that all information in the application is accurate and correct to the best of the property owner's or the representative's knowledge, under penalty of perjury.

C. If any of the information submitted in the application changes, an applicant shall provide written notice no later than 15 days before the close of the administration review period established under R8-3-103(A) . If information changes within 15 days of the close of the review period, the applicant shall notify the Department of the change and the Department shall consider the best interests of the state in deciding whether to consider the application. The following changes require specific information to be included in the notice:

1. If ownership of the property changes, the new owner shall ensure that the required notice:

a. Is signed and notarized by the new owner and indicates whether the new owner wants the Department to continue to consider the application;

b. Updates the information contained in the application; and

c. Contains copies of legal documents evidencing the change in ownership; or

2. If use of the property changes, the owner of the property shall ensure that the required notice describes the nature of the changed use.

History

• Adopted effective September 27, 1985 (Supp. 85-5). Repealed effective February 3, 1998, under an exemption from the provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001(1) as determined by Attorney General Opinion I87-061; filed in the Secretary of State's office March 25, 1998 (Supp. 98-1). New Section recodified from R20-1-504 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-105 Department Solicitation of Comments Regarding Applications for Acquisition of Private Property

To assist the Department in scoring an application for the acquisition of private property and making a recommendation regarding the application to AMAC, the Department shall solicit written comments regarding the application from personnel of the applicable military installation, city, town, county, and any other entity that may have an interest in the application. Responses to solicited comments will be placed on the AMAC committee agenda for review prior to final property acquisition approval.

History

• New Section recodified from R20-1-505 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-105 renumbered to R8-3-111; New Section R8-3-105 renumbered from R8-3-107 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-106 Department Scoring of Applications for Acquisition of Private Property

The Department shall rank applications in order of score. The Department shall use the following evaluation criteria to score applications for acquisition of private property. The Department shall give an application a score under either subsection (1) or (2) but not both:

1. Location of the property. When there is a range of points, the Department shall assign the highest score to property in closest proximity to a runway. If the property is in more than one zone, the Department shall assign the highest applicable score.

a. Clear zone as defined in A.R.S. § 28-8461(8): 300 points;

b. Accident potential zone 1 as defined in A.R.S. § 28-8461(1): 250-290 points;

c. Accident potential zone 2 as defined in A.R.S. § 28-8461(2) 200-240 points;

d. High noise zone, according to the day-night sound levels in decibels under A.R.S. § 28-8481(J):

i. Decibel level 85 or more: 190 points;

ii. Decibel level 80-84: 175 points;

iii. Decibel level 75-79: 160 points;

iv. Decibel level 70-74: 140 points; or

v. Decibel level 65-69: 125 points.

2. Property located outside of a clear zone, accident potential zone, and high noise zone, but which, based on written input from authorized personnel of the applicable military installation, is vital to the preservation or enhancement of a military installation: 0 -175 points;

3. The extent of the property owner's inability to use, or limitation on the use of the property according to zoning regulations or state statute enacted for the preservation of the military installation: 0 - 95 points;

4. The extent to which acquisition of the property by the state may prevent or reduce encroachment or other activity that could hinder preservation of the military installation or its ability to accomplish its mission: 0 - 90 points;

5. The amount of supplemental funding, if any, as a percentage of the estimated value of the property:

a. At least 5 percent supplemental funding: 10 points, and

b. For each additional percentage point of supplemental funding: 1 point to a maximum of 100 points for 95 percent supplemental funding; and

6. The economic efficiency of using MIF to acquire the property: 0 to 100 points.

History

• New Section recodified from R20-1-506 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-106 renumbered to R8-3-110; New Section R8-3-106 renumbered from R8-3-109 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-107 Department Report to AMAC Regarding Applications for Acquisition of Private Property; Notice of Hearing

A. The Department shall compile and forward to AMAC a report that includes the following:

1. Applications for expenditures of funds accepted as complete under R8-3-103;

2. Written comments received under R8-3-102(D) and; R8-3-105;

3. Evaluation scores and ranking under; R8-3-106;

4. Available funding calculated using the formula under A.R.S. § 26-262(G); and

5. The recommended funding distribution.

B. At least 14 days before the AMAC meeting at which applications for acquisition of private property will be considered, the Department shall provide each applicant with written notice of the date, time, and location of the meeting, and a copy of the portions of the Department's report relevant to the applicant's property.

History

• New Section recodified from R20-1-507 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-107 renumbered to R8-3-105; New Section R8-3-107 renumbered from R8-3-108 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-108 AMAC Recommendation Regarding Applications for Acquisition of Private Property

A. AMAC shall review the Department's report under R8-3-107.

B. If AMAC determines that oral testimony regarding an application for acquisition of private property will assist AMAC to make a recommendation, AMAC shall allow oral testimony at the open meeting for review of applications.

C. AMAC shall base its recommendation to the Department on AMAC's assessment of:

1. The likelihood that acquisition of the private property will preserve and enhance the mission of a military installation, and

2. The economic efficiency of applying MIF monies for the greatest protection or enhancement of a military installation.

D. AMAC shall transmit its written recommendation under A.R.S. § 26-262(D) to the Department, including any directions or alternatives, within seven days after its decision.

History

• New Section recodified from R20-1-508 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-108 renumbered to R8-3-107; New Section R8-3-108 renumbered from R8-3-111 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-109 Process for Determining Acceptable Value for Expenditure of Funds

A. The Department shall not pay more than fair market value to acquire private property using MIF monies.

B. To determine the fair market value of private property to be acquired using MIF monies, the Department shall have the private property appraised by a professional appraiser who is under contract with the state.

C. A property owner that disagrees with the fair market value determined under subsection (B) may appeal the determination under R8-3-117.

D. For all other expenditures of funds relating to property preservation, the Department shall follow guidelines found in Title 41, Chapter 23, Article 5 relating to construction, building improvement and procurement standards.

History

• New Section recodified from R20-1-509 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-109 renumbered to R8-3-106; New Section R8-3-109 made by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-110 Leaving an Application for Acquisition of Private Property on File

A. An applicant that submits a complete application under R8-3-104 may leave the application on file with the Department for a maximum of five years.

B. An applicant that leaves a complete application on file with the Department under subsection (A) may request that the Department consider the application in a subsequent year. To request that the application be considered in a subsequent year, the applicant shall submit to the Department a written request before the application deadline specified under R8-3-102 . The applicant shall include the following information in the written request:

1. The name of the property owner as originally filed with the Department; and

2. Either a statement that the information in the application as previously submitted is current, or a statement of specific amendments to the original application.

C. If the Department receives a request under subsection (B), the Department shall score and rank the application under R8-3-106 with other applications for acquisition of private property.

History

• New Section recodified from R20-1-510 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-110 renumbered to R8-3-113; New Section R8-3-110 renumbered from R8-3-106 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-111 Application for Funding for a Military Installation Preservation and Enhancement Project

A. A city, town, or county seeking funding for a military installation preservation and enhancement project shall submit an original and four legible copies of a completed application to the Department, using a form that is available from the Department, by the deadline published under R8-3-102 . The applicant under this Section is the representative authorized by the requesting jurisdiction.

B. The applicant shall provide the following information on or with the application form:

1. The name of the requesting jurisdiction;

2. The name of military installation that will be preserved or enhanced by the proposed project;

3. The applicant's name, mailing address, telephone number and, if available, fax number and e-mail address;

4. The name of contact person if other than the applicant and the contact person's title, mailing address, telephone and fax numbers, and e-mail address;

5. The date on which the requesting jurisdiction approved the project and authorized submission of the application for funding. Attach to the application evidence that the application was authorized by the jurisdiction;

Whether the proposed project involves acquisition of private property;

7. A completed "Application Checklist" which is a form available from the Department;

8. The names of persons or organizations, if any, with which the jurisdiction will work with on the proposed project;

9. The name and brief summary of the proposed project;

10. If funding is obtained, an estimated project timeline including the dates on which the project is expected to begin and be completed;

11. Statements explaining the following:

a. How the proposed project will preserve or enhance the military installation;

b. Past action taken by the jurisdiction to preserve or enhance the military installation;

c. Whether and how the proposed project involves a multi-use opportunity; and

d. Whether and how the proposed project will mitigate impacts of the military installation on the surrounding community;

12. Total budget for the proposed project including:

a. The amount of funding requested from MIF, and

b. The amount of funding from another source including the identity of the other source, including verification from the source of the other funding and whether there is a limitation on the availability or use of the other funding;

13. If the proposed project involves acquisition of private property:

a. The name, mailing address, telephone number and, if available, fax number and e-mail address of the property owner;

b. The legal description of the location of the property to be acquired;

c. A map of the applicable military installation showing the property to be acquired in relationship to the military installation; and

d. An appraisal of the property to be acquired that is:

i. Prepared by an appraiser under contract with the state, and

ii. Completed no more than 60 days before the date of application;

14. Any documents from the military installation, city, town, or county that support or oppose the proposed project;

15. A written explanation or documentation the applicant believes will assist and AMAC regarding the proposed project application;

16. The signature of the applicant verifying that all information in the application is accurate and correct, to the best of the applicant's knowledge, under penalty of perjury; and

17. A signed offer, using a form available from the Department, to the state of Arizona.

History

• New Section recodified from R20-1-511 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-111 renumbered to R8-3-108; New Section R8-3-111 renumbered from R8-3-105 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-112 Department Solicitation of Comments Regarding Applications for Funding for Military Installation Preservation and Enhancement Projects

To assist AMAC in evaluating an application for funding for a military installation preservation and enhancement project, the Department shall solicit written comments regarding the application from authorized personnel of the applicable military installation. The Department shall ask authorized personnel of the military installation to:

1. Indicate whether the military installation supports the proposed project; and

2. If multiple projects are proposed for the same military installation, rank the proposed projects in priority order.

History

• New Section recodified from R20-1-512 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-112 renumbered to R8-3-116; New Section made by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-113 Criteria for AMAC Evaluation of Applications for Funding for Military Installation Preservation and Enhancement Projects

AMAC shall use the following criteria to evaluate an application for funding for a military installation preservation and enhancement project submitted under R8-3-111 :

1. How the proposed project will preserve or enhance the military installation;

2. Past actions taken by the jurisdiction to preserve the military installation;

3. Whether and how the proposed project involves a multi-use opportunity;

4. Whether and how the proposed project will mitigate impacts of the military installation on the surrounding community;

5. The percentage of the total budget for the proposed project to be provided by sources other than MIF;

6. Comments from authorized personnel of the applicable military installation submitted in response to the Department's solicitation issued under R8-3-112; and

7. If the proposed project involves acquisition of private property, extent to which acquisition of the private property will prevent or reduce encroachment or other activity that could hinder preservation of the military installation or the ability of the military installation to accomplish its mission.

History

• New Section recodified from R20-1-513 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-113 renumbered to R8-3-115; New Section R8-3-113 renumbered from R8-3-1 '10 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-114 Notice of Hearing and AMAC Recommendation Regarding Applications for Funding for Military Installation Preservation and Enhancement Projects

A. When AMAC completes the evaluation of applications for funding for military installation preservation and enhancement projects, AMAC shall ensure that applicants are provided written notice of the AMAC meeting at which the applications will be considered.

B. AMAC shall ensure that the written notice required under subsection (A) is provided at least 14 days before the AMAC meeting at which the applications will be considered and specifies the date, time, and location of the meeting.

C. If AMAC determines that oral testimony regarding an application for funding for a military installation preservation and enhancement project will assist AMAC to make a recommendation, AMAC shall allow oral testimony at the open meeting for review of applications.

D. AMAC shall base its recommendation to the Department on AMAC's assessment of:

1. The likelihood that the proposed project will preserve and enhance the applicable military installation, and

2. The military installation preservation and enhancement benefits from the proposed project justify the cost to MIF.

E. AMAC shall transmit its written recommendation under A.R.S. § 26-262(D) to the Department, including any directions or alternatives, within seven days after its decision.

History

• New Section recodified from R20-1-514 under Laws 2010, Ch. 208 at 18 A.A.C. 848, effective March 15, 2012 (Supp. 12-1). Section R8-3-114 renumbered to R8-3-117; New Section R8-3-114 made by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-115 Military Installation Preservation and Enhancement Project Reporting Requirements

A. For the purpose of this Section, a "successful applicant" is any jurisdiction awarded MIF monies under this Article for a military installation preservation and enhancement project.

B. A successful applicant shall provide the Department with a written report within six months of the Department's decision under R8-3-112 on the regarding progress of the military installation preservation and enhancement project, and an accounting of MIF monies received and used, at the times specified by the Department in the contract between the Department and the successful applicant.

History

• New Section R8-3-115 renumbered from R8-3-113 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-116 Department Decision

A. After AMAC forwards its recommendations to the Department, the Department shall review the recommendations and decide whether to:

1. Accept AMAC's recommendation and award the recommended amount to an applicant;

2. Accept AMAC's recommendation but award a reduced amount to an applicant; or

3. Reject AMAC's recommendation and deny an award to an applicant.

B. The Department shall provide an applicant with a copy of its written decision within 21 days after AMAC's recommendation. The Department shall include in its written decision the reason for denying or reducing an award and include a copy of R8-3-117.

C. If the Department decides to award funding for the acquisition of private property, the Department shall make the property owner an offer to purchase the property. The Department shall inform the property owner that the offer to purchase is open for only 90 days and if the offer to purchase is not accepted within the 90 days, funding for acquisition of the private property may no longer be available.

D. If a property owner accepts an offer to purchase made under subsection (C), the Department shall ensure that the purchase contract specifies that payment from MIF is contingent upon satisfactory completion of legal requirements for acquisition of the property within nine months of the written decision issued under subsection (B).

History

• New Section R8-3-116 renumbered from R8-3-112 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Ariz. Admin. Code § R8-3-117 Appeals

A. The following applicants may appeal a decision by the Department:

1. An applicant that is denied MIF funding,

2. An applicant that is awarded MIF funding for a military installation preservation and enhancement project but the amount awarded is less than the amount recommended by AMAC, and

3. A property owner that disagrees with the fair market value determined for the property.

B. To appeal a decision made by the Department, the affected person (Appellant) shall submit a letter to the Adjutant General within 30 days of the date printed on the written decision issued under R8-3-116(B) . The appellant shall ensure that the letter clearly states the legal or factual basis for the appeal.

C. If an appeal is about the fair market value of property and the Adjutant General determines that assistance regarding the fair market value of the property will be useful, the Adjutant General shall ask the Land Department Board of Appeals for an opinion regarding the fair market value of the property.

D. The Adjutant General shall review the substance of the appeal, make a final decision, and respond in writing by mail to the appellant, within 30 days. If the Adjutant General consults the Land Department Board of Appeals during the review under subsection (C), the final decision shall be rendered and written notice provided to the appellant within 60 days. after receiving the appeal letter or within 30 days after receiving an opinion from the Land Department Board of Appeals whichever is earlier.

E. If the appellant disagrees with the decision made by the Adjutant General, the appellant may submit in writing a request for a hearing, which shall be scheduled and heard in accordance with A.R.S. Title 41, Chapter 6, Article 10.

History

• New Section R8-3-117 renumbered from R8-3-114 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).

Article 2 EXPIRED

Ariz. Admin. Code § R8-3-201 Expired

History

• Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 23 A. A.R. 840, effective March 14, 2017 (Supp. 17-1).
• The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

Ariz. Admin. Code § R8-3-202 Expired

History

• Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 23 A. A.R. 840, effective March 14, 2017 (Supp. 17-1).
• The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

Ariz. Admin. Code § R8-3-203 Expired

History

• Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 23 A. A.R. 840, effective March 14, 2017 (Supp. 17-1).
• The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

Ariz. Admin. Code § R8-3-204 Expired

History

• Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 23 A. A.R. 840, effective March 14, 2017 (Supp. 17-1).
• The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

Ariz. Admin. Code § R8-3-205 Expired

History

• Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 23 A. A.R. 840, effective March 14, 2017 (Supp. 17-1).
• The following Section was adopted under an exemption from the rulemaking provisions of the Arizona Administrative Procedure Act pursuant to A.R.S. § 41-1001 as substantiated by Attorney General Opinion I87-061. Exemption from the Administrative Procedure Act means that the Governor's Regulatory Review Council did not review the rule; the Department did not submit the rule to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not hold public hearings on the rulemaking; and the Attorney General has not certified the rule.

Ariz. Admin. Code § R8-3-206 Expired

History

• Adopted effective January 31, 1994, pursuant to an exemption from the provisions of the Arizona Administrative Procedure Act (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 23 A. A.R. 840, effective March 14, 2017 (Supp. 17-1).

Chapter 4 RECODIFED

Article 1 RECODIFED

Ariz. Admin. Code § R8-4-101 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-101 recodified to R18-18-101 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-102 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-102 recodified to R18-18-102 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-103 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-103 recodified to R18-18-103 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-104 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-104 recodified to R18-18-104 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-105 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-105 recodified to R18-18-105 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-106 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-106 recodified to R18-18-106 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-107 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Amended by final rulemaking at 20 A.A.R. 2524, effective 10/17/2014. Section R8-4-107 recodified to R18-18-107 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-108 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-108 recodified to R18-18-108 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-109 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-109 recodified to R18-18-109 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R8-4-110 Recodified

History

• New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Section R8-4-110 recodified to R18-18-110 at 27 A.A.R. 1535, effective September 1, 2021 (Supp. 21-3).

Chapter 5 EXPIRED

Article 1 EXPIRED

Ariz. Admin. Code § R8-5-101 Expired

History

• Section made by final rulemaking at 14 A.A.R. 4637, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 840, effective March 14, 2017 (Supp. 17-1).

Ariz. Admin. Code § R8-5-102 Expired

History

• Section made by final rulemaking at 14 A.A.R. 4637, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 840, effective March 14, 2017 (Supp. 17-1)

Ariz. Admin. Code § R8-5-103 Expired

History

• Section made by final rulemaking at 14 A.A.R. 4637, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 840, effective March 14, 2017 (Supp. 17-1).

Ariz. Admin. Code § R8-5-104 Expired

History

• Section made by final rulemaking at 14 A.A.R. 4637, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 840, effective March 14, 2017 (Supp. 17-1).

Ariz. Admin. Code § R8-5-105 Expired

History

• Section made by final rulemaking at 14 A.A.R. 4637, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 840, effective March 14, 2017 (Supp. 17-1).

Ariz. Admin. Code § R8-5-106 Expired

History

• Section made by final rulemaking at 14 A.A.R. 4637, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 840, effective March 14, 2017 (Supp. 17-1).