Ariz. Admin. Code § 1-1-507

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

Section R1-1-507 - Notice of Supplemental Proposed Rulemaking

A. If an agency determines it meets the requirements of A.R.S. § 41-1022(E) and that a filed and published proposed rule requires substantial change due to either internal review or public comments, the agency shall prepare and file a Notice of Supplemental Proposed Rulemaking as prescribed in this Section.

B. A Notice of Supplemental Proposed Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading, in all capital letters, NOTICE OF SUPPLEMENTAL PROPOSED RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title number and heading, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading, the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Supplemental Proposed Rulemaking shall include, in numbered order:

a. Citations to the agency's Notice of Rulemaking Docket Opening, the Notice of Proposed Rulemaking, and any other Notices of Supplemental Proposed Rulemaking, if applicable, as published in the Register as specified in R1-1-409(A). A list of any other related notices published in the Register as specified in R1-1-409(A).

b. A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as specified in R1-1-502(B)(5).

c. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

d. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

e. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking.

f. A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

g. An explanation of the substantial change that resulted in the supplemental notice.

h. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision.

i. The preliminary summary of the economic, small business, and consumer impact.

j. The agency's contact person who can answer questions about the economic, small business, and consumer impact statement. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

k. The time, place, and nature of the proceedings to make, amend, repeal, or renumber the rule or, if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the supplemental proposed rule.

l. All agencies shall list any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shall respond to the following questions:

i. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

iii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

m. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rules.

n. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the page after the last page of the Preamble and contain the text as specified in R1-1-502(B)(18). A supplemental notice shall contain every Section undergoing change from the current text in the Code, as if the supplemental notice were the agency's first version of the proposed rulemaking.

C. A supplemental proposed rulemaking package shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the agency certificate as specified in R1-1-105;

3. An original and two copies of the rulemaking package as specified in R1-1-103; and

4. An agency subject to Council review that received an analysis comparing the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

Ariz. Admin. Code § R1-1-507

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 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3).