Ariz. Admin. Code § 1-1-801

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

Section R1-1-801 - Notice of Proposed Expedited Rulemaking

A.Before a Notice of Proposed Expedited Rulemaking is filed an agency shall request to proceed under A.R.S. § 41-1027.

1. If the rulemaking complies with A.R.S. § 41-1027(A)(1), (3), or (5), the agency shall notify the governor, the president of the senate, the speaker of the house of representatives and the council of the proposed expedited rule making as specified under A.R.S. § 41-1027(B). Notification shall include:

a. Agency staff contact information. 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 address, if applicable.

b. The exact wording of the proposed expedited rule making and indicate how the proposed expedited rule making achieves the purpose prescribed in A.R.S. § 41-1027(A)(1), (3) or (5).

2. If the rulemaking complies with A.R.S. § 41-1027(A)(2), (4), (6), or (7), the agency shall file a request for proposed expedited rule making with the governor and notify the president of the senate, the speaker of the house of representatives and the council of the request as specified under A.R.S. § 41-1027(C). The request shall include:

a. Agency staff contact information. 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.

b. The exact wording of the proposed expedited rule making and an explanation of how the proposed expedited rule making meets the criteria in A.R.S. § 41-1027(A).

3. Before an agency proceeds on the rulemaking under subsection (A)(2) it must receive approval from the governor for the notice (A.R.S. § 41-1027(D) ).

B.On delivery of the notice required in subsection (A)(1), or on approval by the governor of a request for proposed expedited rulemaking required in subsections (A)(2) and (3), an agency shall prepare a Notice of Proposed Expedited Rulemaking under A.R.S. § 41-1027 and this Section.

C.A Notice of Proposed Expedited Rulemaking shall contain:

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

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

3. On a centered line below 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 Proposed Expedited Rulemaking shall include, the following list consecutively numbered:

a. A list of the Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as prescribed under 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 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 address, if applicable.

d. An agency's explanation why the proposed expedited rule should be made, amended, repealed, or renumbered under A.R.S. § 41-1027(A) and why expedited proceedings are justified under A.R.S. § 41-1001(16)(c).

e. 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.

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. If applicable, a statement that the agency is exempt from the requirements under A.R.S. § 41-1055(G) to prepare and file an economic, small business, and consumer impact statement under A.R.S. § 41-1055(D)(2).

h. If applicable, the agency's contact person who can answer questions about the preliminary summary of the economic, small business, and consumer impact of the proposed expedited rule. 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 address, if applicable.

i. The time, place and nature of the proceedings for the making, amendment or repeal of the rule and how persons may provide written comment to the agency on the proposed expedited rule under A.R.S. § 41-1027(E).

j. Any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additional matters shall include but are not limited to:

i. Whether the rule requires a permit, license, or agency authorization under A.R.S. § 41-1037(A), and whether a general permit is used and if not, the reasons why a general permit is not used;

ii. 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.

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

l. 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 text formatted as prescribed under R1-1-502(B)(5).

D.A Notice of Proposed Expedited Rulemaking package shall include:

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

2. If applicable, three copies of either:

a. The notice notifying the governor, the president of the senate, the speaker of the house of representatives, and the council of expedited rulemaking under A.R.S. § 41-1027(B); or

b. The request filed with the governor, the president of the senate, the speaker of the house of representatives, and the council under A.R.S. § 41-1027(C); and the governor's approval of the agency's expedited rulemaking request under A.R.S. § 41-1027(D);

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

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

Ariz. Admin. Code § R1-1-801

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). New section made by final rulemaking at 21 A.A.R. 117, effective 12/29/2014.