Ariz. Admin. Code § 12-4-602

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

Section R12-4-602 - Petition for Rule or Review of Practice or Policy

A. A person may petition the Commission under A.R.S. § 41-1033 for a:

1. Rulemaking action relating to a Commission rule, including making a new rule or amending or repealing an existing rule; or

2. Review of an existing Department practice or substantive policy statement alleged to constitute a rule.

B. To act under A.R.S. § 41-1033 and this Section, a person shall submit a petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The form is available at any Department office and on the Department's website.

C. A petitioner shall address only one rule, practice, or substantive policy in the petition.

D. A petitioner shall submit the petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is furnished by the Department and is available at any Department office and on the Department's website. A petitioner shall provide all of the following information:

1. Petitioner identification:

a. When the petition is submitted by a private person, the person's:

i. Name;

ii. Physical and mailing address, if different from the physical address;

iii. Contact telephone number; and

iv. Email, when available;

b. When the petition is submitted by an organization or private group;

i. Name of organization or group;

ii. Name and title of the organization's or group's representative;

iii. Physical and mailing address, if different from the physical address;

iv. Representative's contact telephone number; and

v. Email, when available;

c. When the petition is submitted by a public agency;

i. Name of the public agency;

ii. Name and title of the agency's representative;

iii. Physical and mailing address if different from the physical address;

iv. Representative's contact telephone number; and

v. Email, when available;

2. Type of request:

a. Adopt, amend, or repeal a rule, or

b. Review of a practice or substantive policy statement;

3. When the petition is for rulemaking action:

a. Statement of the rulemaking action sought, including the Arizona Administrative Code citation of all existing rules, and the specific language of a new rule or rule amendment; and

b. Reasons for the rulemaking action, including an explanation of why an existing rule is inadequate, unreasonable, unduly burdensome, or unlawful;

4. When the petition is for a review of an existing practice or substantive policy statement:

a. Subject matter of the existing practice or substantive policy statement, and

b. Reasons why the existing practice or substantive policy statement constitutes a rule;

5. When the petitioner is a public agency, a summary of issues raised in any public meeting or hearing regarding the petition or any written comments offered by the public.

6. Any other information required by the Department;

7. Petitioner's signature; and

8. Date on which the petition was signed.

E. In addition to the requirements listed under subsection (D), a person may submit supporting information with a petition, including:

1. Statistical data; and

2. A list of other persons likely to be affected by the rulemaking action or the review, with an explanation of the likely effects.

F. When a petitioner submits a petition that addresses the same substantive issue considered by the Commission within the previous year, the petitioner shall also provide an additional written statement that includes rationale not previously considered by the Commission in making the previous decision.

G. The Department shall determine whether the petition complies with this Section within fifteen business days after the date on which the petition was received.

1. If the petition complies with this Section :

a. The Department shall place the petition on a Commission open meeting agenda.

b. The petitioner may present oral testimony at that open meeting under R12-4-604.

c. The Commission shall render a final decision on the petition as prescribed under A.R.S. § 41-1033.

2. If a petition does not comply with this Section:

a. The Director shall return the petition to the petitioner, and

b. Indicate in writing why the petition does not comply with this Section. The petitioner shall be afforded the opportunity to resubmit a corrected petition.

Ariz. Admin. Code § R12-4-602

Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-601 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.