Ariz. Admin. Code § 1-1-504

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

Section R1-1-504 - Oral Proceedings on Proposed Rulemaking

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

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

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

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

Ariz. Admin. Code § R1-1-504

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).