Ariz. Admin. Code § 1-6-201

Current through Register Vol. 30, No. 50, December 13, 2024

Section R1-6-201 - Submitting a Regular Rule

A. To submit a regular rule for consideration by the Council, an agency shall submit to the Council office one electronic copy of each rulemaking document that follows, prepared in the manner required by this subsection and the rules of the Office of the Secretary of State:

1. A request for approval, in the form of a cover letter signed by the agency head. The cover letter shall specify:

a. The close of record date;

b. Whether the rulemaking activity relates to a five-year review report and, if applicable, the date the report was approved by the Council;

c. Whether the rule establishes a new fee and, if it does, citation of the statute expressly authorizing the new fee;

d. Whether the rule contains a fee increase;

e. Whether an immediate effective date is requested for the rule under A.R.S. § 41-1032;

f. A certification that the preamble discloses a reference to any study relevant to the rule that the agency reviewed and either did or did not rely on in the agency's evaluation of or justification for the rule;

g. If one or more full-time employees are necessary to implement and enforce the rule, a certification that the preparer of the economic, small business, and consumer impact statement has notified the Joint Legislative Budget Committee of the number of new full-time employees necessary to implement and enforce the rule; and

h. A list of all documents enclosed.

2. A Notice of Final Rulemaking, including the preamble, table of contents for the rulemaking, and text of each rule;

3. An economic, small business, and consumer impact statement that contains the information required by A.R.S. § 41-1055;

4. The written comments received by the agency concerning the proposed rule and a written record, transcript, or minutes of any testimony received if the agency maintains a written record, transcript, or minutes;

5. Any analysis submitted to the agency regarding the rule's impact on the competitiveness of businesses in this state as compared to the competitiveness of businesses in other states;

6. Material incorporated by reference, if any;

7. The general and specific statutes authorizing the rule, including relevant statutory definitions; and

8. If a term is defined in the rule by referring to another rule or a statute other than the general and specific statutes authorizing the rule, the statute or other rule referred to in the definition.

B. After a rule is placed on a Council agenda, Council staff shall review the rule for compliance with the requirements of A.R.S. §§ 41-1021 through 41-1024 and 41-1052 and this Chapter and may ask questions or suggest changes to the agency. If the agency revises any rulemaking document in response to a question or suggested change, the agency shall submit one electronic copy of the revised rulemaking document to the Council for review.

C. After a rule is placed on a Council agenda, an agency may have the rule moved to the agenda of a later meeting by having the agency head send a written notice to the Chair that includes the date of the later meeting. If the agency makes a subsequent request that the rule be moved, the Chair may grant or deny the request at the Chair's discretion.

D. Council staff shall notify the agency of any written comments received by the Council related to an agency's rulemaking.

E. If it is necessary for a rule to be heard at more than one Council meeting, the agency shall submit any revised documents for the later meeting, consistent with this Section.

F. An agency shall respond to any public comment received in accordance with A.R.S. § 41-1023. An agency shall provide a copy of its response to the commenter and the Council office.

Ariz. Admin. Code § R1-6-201

Adopted effective May 25, 1995 (Supp. 95-2). Amended by final rulemaking at 6 A.A.A. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017. Amended by final rulemaking at 24 A.A.R. 3095, effective 10/9/2018.