Ariz. Admin. Code § 1-1-105

Current through Register Vol. 30, No. 36, September 6, 2024

Section R1-1-105 - Certificates

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

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

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

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

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

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

c. The following items, consecutively numbered:

i. The agency name;

ii. The Chapter heading;

iii. The Code citation for the Chapter;

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

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

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

C.Agency certificates, exemption from the rulemaking process.

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

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

3. The certificate also shall:

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

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

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

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

2. A certificate shall be prepared by Council.

3. The certificate shall state:

a. Whether a rule has been approved;

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

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

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

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

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

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

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

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

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

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

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

F. Certificate Signatures.

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

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

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

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

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

Ariz. Admin. Code § R1-1-105

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