Ariz. Admin. Code § 1-1-602

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

Section R1-1-602 - Notice of Final Rulemaking

A. If an agency determines it meets the requirements of A.R.S. § 41-1024 and other requirements in the Act an agency shall prepare a Notice of Final Rulemaking as prescribed in this Section.

B. A Notice of Final Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF FINAL 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 Final Rulemaking shall include, in numbered order:

a. 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).

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

c. The effective date of the rule. If an agency specifies a date:

i. Earlier than the 60 day effective date as specified in A.R.S. § 41-1032(A), the agency shall include the earlier date and state the reason or reasons it selected the earlier effective date as provided in A.R.S. § 41-1032(A)(1) through (5); or

ii. Later than the 60 day effective date as specified in A.R.S. § 41-1032(A), the agency shall include the later date and state the reason or reasons it selected the later effective date as provided in A.R.S. § 41-1032(B).

d. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record of the final rulemaking package.

e. 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.

f. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking.

g. A reference to any study relevant to the rule that the agency reviewed and either relied on or did not 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.

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 of this state.

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

j. A description of any changes between the proposed rulemaking, to include supplemental notices, and the final rulemaking.

k. An agency's summary of the public or stakeholder comments made about the rulemaking and the agency response to the comments.

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 rule.

n. Whether the rule was previously made, amended or repealed as an emergency rule. If so, cite the notice published in the Register as specified in R1-1-409(A). Also, the agency shall state where the text changed between the emergency and the final rulemaking packages; and

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

6. The full text of the rules in the rulemaking package shall begin on the next page after the last item in the Preamble and contain the text as specified in R1-1-502(B)(18).

7. An agency shall submit a final rulemaking package to either the Council or the Attorney General for review as specified in R1-1-105.

C. A final rulemaking package shall include:

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

2. An original and two copies of the certificate of approval of the rules from either the:

a. Council, if the rules are subject to Council review as specified in R1-1-105; or

b. Attorney General, if the rules are subject to Attorney General review as specified in R1-1-105.

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

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

5. An economic, small business, and consumer impact statement if required by A.R.S. § 41-1055; and

6. 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.

D. If the Notice of Final Rulemaking is subject to review by:

1. Council, the Council shall file the final rulemaking package, to include all documents listed under subsection (C), with the Office as specified in R1-1-601(A).

2. The Attorney General, the Attorney General shall file the final rulemaking package, to include all documents listed under subsection (C), with the Office as specified in R1-1-601(C).

Ariz. Admin. Code § R1-1-602

New Section made 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).