Ariz. Admin. Code § 1-1-408

Current through Register Vol. 30, No. 43, October 25, 2024

Section R1-1-408 - Text of the Rules; Subsections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ariz. Admin. Code § R1-1-408

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).