Ariz. Admin. Code § 20-6-160

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

Section R20-6-160 - Petition for Rulemaking Action

A. The following definitions apply in this Section.

1. "Petitioner" means a person who petitions the Department for Rulemaking action as authorized under A.R.S. § 41-1033(A).

2. "Rule" has the meaning stated at A.R.S. § 41-1001 and is enforceable by the Department.

3. "Rulemaking action" means the process for formulation and finalization of a new rule, or amendment or repeal of an existing rule.

4. "Substantive Policy Statement" has the meaning stated at A.R.S. § 41-1001, is advisory only, and is not enforceable by the Department.

B. Any person may petition the Department under A.R.S. § 41-1033(A) to either:

1. Make, amend, or repeal a final Rule;

2. Review an existing agency practice or Substantive Policy Statement that the Petitioner alleges to constitute a Rule.

C. A person who files a petition pursuant to A.R.S. § 41-1033(A), shall include the following information in the petition:

1. The Petitioner's name and contact information;

2. The name and address of any organization the Petitioner represents;

3. Whether the Petitioner is petitioning the Department to:

a. Make, amend, or repeal a final Rule; or

b. Review an existing agency practice or Substantive Policy Statement that the Petitioner alleges to constitute a Rule;

4. A detailed explanation of Petitioner's basis for submitting the petition;

5. If the Petitioner is petitioning the Department to make a Rule, the language of the proposed new Section and the specific authority for the requested Rulemaking action;

6. If the Petitioner is petitioning the Department to amend an existing Rule, a citation to the existing Section to be amended, the language of the proposed Rule amendment, and the specific authority for the requested Rulemaking action;

7. If the Petitioner is petitioning the Department to repeal an existing Rule, a citation to the existing Section or subsection to be repealed, and an explanation of why the Rule should be repealed including, if applicable, how the Rule does not meet the requirements of A.R.S. § 41-1030;

8. If the Petitioner is petitioning the Department to review an existing agency practice that the Petitioner alleges to constitute a Rule, a description of the Department's practice, an explanation of how the Department's practice constitutes a Rule being enforced by the Department, the language of the proposed new Rule, and the specific authority for the requested Rulemaking action;

9. If the petitioner is petitioning the Department to review a Substantive Policy Statement that the Petitioner alleges to constitute a Rule, a citation to the Substantive Policy Statement, an explanation of how the Substantive Policy Statement is being enforced by the Department as a Rule, the language of the proposed new Rule, and the specific authority for the requested Rulemaking action; and

10. The Petitioner's dated signature.

D. The petitioner may submit additional supporting information, including:

1. Statistical data; and

2. A list of other persons and entities likely to be affected by the proposed Rulemaking action, with an explanation of the likely effects.

E. Within 60 days of the date the Department receives the petition, the Department shall send the Petitioner a written decision indicating whether the Department is denying the petition or will initiate the requested Rulemaking action, with the reasons for the decision.

Ariz. Admin. Code § R20-6-160

New Section adopted by final rulemaking at 5 A.A.R. 618, effective February 4, 1999 (Supp. 99-1). Section heading corrected at Department Request, Office File No. M11-401, filed October 27, 2011 (Supp. 11-3). Amended by final rulemaking at 28 A.A.R. 3626, effective 1/1/2023.