Ariz. Admin. Code § 1-6-404

Current through Register Vol. 30, No. 45, November 8, 2024

Section R1-6-404 - Additional Requirements for an Appeal Related to the Economic, Small Business, and Consumer Impact of a Rule

A. Under A.R.S. § 41-1056.01(D), a person who is or may be affected by an agency's final decision on a petition filed pursuant to A.R.S. § 41-1056.01(A) may, within thirty days of publication of the decision, file an appeal.

B. In addition to the information required by R1-6-402(A), an appeal of an agency's final decision on a petition filed pursuant to A.R.S. § 41-1056.01(A) shall contain a statement indicating how the person filing the appeal is or may be affected by the agency's decision.

C. The Council shall notify the affected agency head of an appeal of an agency's final decision on a petition filed pursuant to A.R.S. § 41-1056.01(A) by 5:00 p.m. of the business day following receipt of the appeal.

D. The affected agency head shall submit electronic copies of the following information and documentation by 5:00 p.m. on the third business day following notification by the Council of the appeal:

1. A memorandum that includes:

a. The date of publication of the agency's final decision under A.R.S. § 41-1056.01(C);

b. The name, mailing address, e-mail address, and telephone number of the agency's contact person; and

c. Reasons why the agency believes that:

i. The actual economic, small business, and consumer impact did not significantly exceed the estimated economic, small business, and consumer impact;

ii. The actual economic, small business, and consumer impact was estimated on approval of the rule and the impact doesnot impose a significant burden on persons subject to the rule; or

iii. The agency selected the alternative that imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.

2. A copy of final judgments, if any, issued by a court of competent jurisdiction that are based on whether the contents of the rule's economic, small business, and consumer impact statement were insufficient or inaccurate;

3. A copy of the rule being appealed; and

4. A copy of the agency's written summary of comments received, the agency's response to those comments, and the agency's final decision on whether to initiate rulemaking, prepared and published as required by A.R.S. § 41-1056.01(C).

Ariz. Admin. Code § R1-6-404

Adopted by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.