Ariz. Admin. Code § 17-1-104

Current through Register Vol. 30, No. 25, June 21, 2024

Section R17-1-104 - Rulemaking Oral Proceeding

A. Public request for an oral proceeding. A person may request an oral proceeding as prescribed under A.R.S. § 41-1023(C) by submitting the following information in writing to the agency official identified in a proposed rule's preamble:

1. Identify the specific proposed rule for oral proceeding by Section number and title heading; and

2. Provide the following requestor information:

a. Name;

b. Address;

c. Telephone number during regular state business hours as prescribed under A.R.S. § 38-401; and

d. Optional information, if applicable:

i. The requestor's occupational title; and

ii. The name of the entity the requestor represents.

B. Oral proceeding protocol.

1. The Department shall record an oral proceeding electronically or stenographically, and shall make any audio or video cassette, transcript, register, and written comment received part of the Department's rulemaking record as required under A.R.S. § 41-1029(B)(4) and (5).

2. The Department's presiding official shall use the following guidelines to conduct an oral proceeding:

a. Registration of attendees. Attendee registration is voluntary;

b. Registration of persons intending to speak. A person wishing to speak shall provide the person's name, representative capacity, if applicable, a brief statement of the person's position regarding the proposed rule, and approximate length of time the person wishes to speak;

c. Opening of the record. The Department's presiding official shall identify:

i. The rule to be considered;

ii. The location;

iii. The date;

iv. The time of day;

v. The purpose of the proceeding including applicable background information or Department representative's opening statement on the proposed rule; and

vi. Any applicable time limitation of the meeting location's use or electronic communication linkage.

d. A public oral comment period. Any person may speak at an oral proceeding. A person who speaks shall ensure that all comments address the rule being considered. The Department's presiding official may limit the time allotted to each speaker and preclude undue repetition;

e. A recess provision. If an oral proceeding must recess because of a time limitation indicated in subsection (B)(2)(c)(vi), the Department's presiding official shall ensure that the oral proceeding's continuation complies with the meeting notice provision prescribed under A.R.S. § 38-431.02(E);

f. Closing remarks. Before closing an oral proceeding record, the Department's presiding official shall announce:

i. The location and last day for submitting written comments about the rule; and

ii. Any known future rulemaking steps the Department intends to take regarding the rule after the rulemaking public record closes.

Ariz. Admin. Code § R17-1-104

New Section made by final rulemaking at 8 A.A.R. 4920, effective January 5, 2003 (Supp. 02-4).