Ariz. Admin. Code § 1-1-101

Current through Register Vol. 30, No. 36, September 6, 2024
Section R1-1-101 - Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Code" means the Arizona Administrative Code .

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

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

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

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

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

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

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

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

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

The rulemaking action,

The Register citation where the rulemaking was published,

The rule effective date, and

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

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

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

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

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

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

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

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

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

"Register" means the Arizona Administrative Register.

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

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

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

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

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

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

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

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

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

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

"Subsection" means a paragraph in a Section.

"Supplement" means a quarterly Code release.

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

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

Ariz. Admin. Code § R1-1-101

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