reglab/housing_qa huggingface dataset:
AZ Rev Stat § 41-1023 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1023 - Public participation; written statements; oral proceedings

41-1023.  Public participation;  written statements;  oral proceedings A. After providing notice of docket openings,  an agency may meet informally with any interested party for the purpose of discussing the proposed rule making action. The agency may solicit comments,  suggested language or other input on the proposed rule. The agency may publish notice of these meetings in the register. B. For at least thirty days after publication of the notice of the proposed rule making,  an agency shall afford persons the opportunity to submit in writing statements,  arguments,  data and views on the proposed rule,  with or without the opportunity to present them orally. C. An agency shall schedule an oral proceeding on a proposed rule if,  within thirty days after the published notice of proposed rule making,  a written request for an oral proceeding is submitted to the agency personnel listed pursuant to section 41-1021,  subsection B. D. An oral proceeding on a proposed rule may not be held earlier than thirty days after notice of its location and time is published in the register. The agency shall determine a location and time for the oral proceeding which affords a reasonable opportunity to persons to participate. The oral proceeding shall be conducted in a manner that allows for adequate discussion of the substance and the form of the proposed rule,  and persons may ask questions regarding the proposed rule and present oral argument,  data and views on the proposed rule. E. The agency,  a member of the agency or another presiding officer designated by the agency shall preside at an oral proceeding on a proposed rule. If the agency does not preside,  the presiding official shall prepare a memorandum for consideration by the agency summarizing the contents of the presentations made at the oral proceeding. Oral proceedings must be open to the public and recorded by stenographic or other means. F. Each agency may make rules for the conduct of oral rule making proceedings. Those rules may include provisions calculated to prevent undue repetition in the oral proceedings.
AZ Rev Stat § 41-1024 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1024 - Time and manner of rule making

41-1024.  Time and manner of rule making A. An agency may not submit a rule to the council until the rule making record is closed. B. Within one hundred twenty days after the close of the record on the proposed rule making,  an agency shall take one of the following actions: 1. Submit the rule to the council or,  if the rule is exempt pursuant to section 41-1057,  to the attorney general. 2. Terminate the proceeding by publication of a notice to that effect in the register. C. Before submitting a rule to the council or the attorney general,  an agency shall consider the written submissions,  the oral submissions or any memorandum summarizing oral submissions and the economic,  small business and consumer impact statement regarding the rule or information in the preamble. D. Within the scope of its delegated authority,  an agency may use its own experience,  technical competence,  specialized knowledge and judgment in the making of a rule. E. Unless exempted by section 41-1005 or 41-1057 or unless the rule is an emergency rule made pursuant to section 41-1026,  if the agency chooses to make the rule,  the agency shall submit a rule package to the council and to the committee. The rule package shall include: 1. The preamble. 2. The exact words of the rule,  including existing language and any deletions. 3. The economic,  small business and consumer impact statement. F. If the rule is exempt pursuant to section 41-1005,  the agency shall file it as a final rule with the secretary of state. G. If the rule is exempt from council approval,  pursuant to section 41-1057,  the agency shall submit the rule package set forth in subsection E of this section to the attorney general for approval pursuant to section 41-1044. H. An agency shall not file a final rule with the secretary of state without prior approval from the council,  unless the final rule is exempted pursuant to section 41-1005 or 41-1057 or the rule is an emergency rule made pursuant to section 41-1026 or an expedited rule made pursuant to section 41-1027.
AZ Rev Stat § 41-1025 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1025 - Variance between rule and published notice of proposed rule

41-1025.  Variance between rule and published notice of proposed rule A. An agency may not submit a rule to the council that is substantially different from the proposed rule contained in the notice of proposed rule making or a supplemental notice filed with the secretary of state pursuant to section 41-1022. However,  an agency may terminate a rule making proceeding and commence a new rule making proceeding for the purpose of making a substantially different rule. B. In determining whether a rule is substantially different from the published proposed rule on which it is required to be based,  all of the following must be considered: 1. The extent to which all persons affected by the rule should have understood that the published proposed rule would affect their interests. 2. The extent to which the subject matter of the rule or the issues determined by that rule are different from the subject matter or issues involved in the published proposed rule. 3. The extent to which the effects of the rule differ from the effects of the published proposed rule if it had been made instead.
AZ Rev Stat § 41-1026.01 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1026.01 - Emergency adoption, amendment or termination of delegation agreements; definition

41-1026.01.  Emergency adoption,  amendment or termination of delegation agreements;  definition A. If a delegating agency makes a written finding that a delegation agreement is necessary as an emergency measure,  the delegation agreement may be adopted,  amended or terminated as an emergency measure,  without complying with the public notice and participation provisions of this article. An agency may not adopt,  amend or terminate a delegation agreement as an emergency measure if the emergency situation is created due to the agency's delay or inaction and the emergency situation could have been averted by timely compliance with the public notice and participation provisions of this article,  unless the agency can present substantial evidence that failure to adopt,  amend or terminate the delegation agreement as an emergency measure will result in imminent substantial peril to the public health,  safety or welfare. B. The agency shall file with the secretary of state a summary of the emergency delegation agreement. The summary shall provide the name of the person to contact in the agency with questions or comments. The secretary of state shall publish the summary in the next register. C. The delegation agreement adopted,  amended or terminated pursuant to this section is valid for one hundred eighty days after the filing of the agreement with the secretary of state and may be renewed for one or two more one hundred eighty day periods if all of the following occur: 1. The agency determines that the emergency situation still exists for each renewal. 2. The agency follows the procedures prescribed by this section for each renewal. 3. The agency has begun the public comment and participation process required by this section. 4. The agency makes a finding for an extension of time before the expiration of the preceding one hundred and eighty day period. 5. The agency files notice of the renewal with the secretary of state and notice is published in the register. D. For purposes of this section,  " emergency"  means a situation which warrants the adoption of a delegation agreement without compliance with the public notice and participation provisions prescribed in this article because the adoption,  amendment or termination of the delegation agreement is necessary for immediate preservation of the public health,  safety or welfare,  and the public notice and participation requirements of this article are impracticable.
AZ Rev Stat § 41-1028 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1028 - Incorporation by reference

41-1028.  Incorporation by reference A. An agency may incorporate by reference in its rules,  and without publishing the incorporated matter in full,  all or any part of a code,  standard,  rule or regulation of an agency of the United States or of this state or a nationally recognized organization or association,  if incorporation of its text in agency rules would be unduly cumbersome,  expensive or otherwise inexpedient. B. The reference in the agency rules shall fully identify the incorporated matter by location,  date and otherwise and shall state that the rule does not include any later amendments or editions of the incorporated matter. C. An agency may incorporate by reference such matter in its rules only if the agency,  organization or association originally issuing that matter makes copies of it readily available to the public for inspection and reproduction. D. The rules shall state where copies of the incorporated matter are available from the agency issuing the rule and from the agency of the United States or this state or the organization or association originally issuing the matter. E. An agency may incorporate later amendments or editions of the incorporated matter only after compliance with the rule making requirements of this chapter.
AZ Rev Stat § 41-1029 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1029 - Agency rule making record

41-1029.  Agency rule making record A. An agency shall maintain an official rule making record for each rule it proposes by publication in the register of a notice of proposed rule making and each final rule filed in the office of the secretary of state. The record and matter incorporated by reference must be available for public inspection. B. The agency rule making record shall contain all of the following: 1. A copy of the notice initially filed in the office of the secretary of state. 2. Copies of all publications in the register with respect to the rule or the proceeding on which the rule is based. 3. Copies of any portions of the agency's rule making docket containing entries relating to the rule or the proceeding on which the rule is based. 4. All written petitions,  requests,  submissions and comments received by the agency and all other written materials considered or prepared by the agency in connection with the rule or the proceeding on which the rule is based. 5. Any official transcript of oral presentations made in the proceeding on which the rule is based,  or if not transcribed,  any tape recording or stenographic record of those presentations,  and any memorandum prepared by a presiding official summarizing the contents of those presentations. 6. A copy of all materials submitted to the council,  including the economic,  small business and consumer impact statement and the minutes of the council meeting at which the rule was reviewed. 7. A copy of the final rule and preamble. 8. Information requested regarding the experience,  technical competence,  specialized knowledge and judgment of an agency if the agency relies on section 41-1024,  subsection D in the making of a rule and a request is made. C. On judicial review,  the record required by this section constitutes the official agency rule making record with respect to a rule. Except as provided in section 41-1036 or otherwise required by a provision of law,  the agency rule making record need not constitute the exclusive basis for agency action on that rule or for judicial review of that rule.
AZ Rev Stat § 41-1030 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1030 - Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice

41-1030.  Invalidity of rules not made according to this chapter;  prohibited agency action;  prohibited acts by state employees;  enforcement;  notice A. A rule is invalid unless it is made and approved in substantial compliance with sections 41-1021 through 41-1029 and articles 4,  4.1 and 5 of this chapter,  unless otherwise provided by law. B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute,  rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. C. An agency shall not base a decision regarding any filing or other matter submitted by a licensee on a requirement or condition that is not specifically authorized by a statute,  rule,  federal law or regulation or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a requirement or condition for approval of a decision on any filing or other matter submitted by a licensee unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. An agency shall not: 1. Make a rule under a specific grant of rulemaking authority that exceeds the subject matter areas listed in the specific statute authorizing the rule. 2. Make a rule under a general grant of rulemaking authority to supplement a more specific grant of rulemaking authority.  E. This section may be enforced in a private civil action and relief may be awarded against the state. The court may award reasonable attorney fees,  damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.  F. A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the agency's adopted personnel policy. G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.  H. An agency shall prominently print the provisions of subsections B,  E,  F and G of this section on all license applications,  except license applications processed by the corporation commission. I. The license application may be in either print or electronic format.
AZ Rev Stat § 41-1031 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1031 - Filing rules and preamble with secretary of state; permanent record

41-1031.  Filing rules and preamble with secretary of state;  permanent record A. Following the filing of a rule made pursuant to an exemption to this chapter or following approval and filing of a rule and preamble and an economic,  small business and consumer impact statement by the council as provided in article 5 of this chapter or by the attorney general as provided in article 4 of this chapter,  the secretary of state shall affix to each rule document,  preamble and economic,  small business and consumer impact statement the time and date of filing. A rule is not final until the secretary of state affixes the time and date of filing to the rule document as provided in this section. B. The secretary of state shall keep a permanent record of rules,  preambles and economic,  small business and consumer impact statements filed with the office.
AZ Rev Stat § 41-1032 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1032 - Effective date of rules

41-1032.  Effective date of rules A. A rule filed pursuant to section 41-1031 becomes effective sixty days after a certified original and two copies of the rule and preamble are filed in the office of the secretary of state and the time and date are affixed as provided in section 41-1031,  unless the rule making agency includes in the preamble information that demonstrates that the rule needs to be effective immediately on filing in the office of the secretary of state and the time and date are affixed as provided in section 41-1031. A rule may only be effective immediately for any of the following reasons: 1. To preserve the public peace,  health or safety. 2. To avoid a violation of federal law or regulation or state law,  if the need for an immediate effective date is not created due to the agency's delay or inaction. 3. To comply with deadlines in amendments to an agency's governing statute or federal programs,  if the need for an immediate effective date is not created due to the agency's delay or inaction. 4. To provide a benefit to the public and a penalty is not associated with a violation of the rule. 5. To adopt a rule that is less stringent than the rule that is currently in effect and that does not have an impact on the public health,  safety,  welfare or environment,  or that does not affect the public involvement and public participation process. B. Notwithstanding subsection A of this section,  a rule making agency may specify an effective date more than sixty days after the filing of the rule in the office of the secretary of state if the agency determines that good cause exists for and the public interest will not be harmed by the later date.  C. This section does not affect the validity of an existing rule until the new or amended rule that is filed with the secretary of state is effective pursuant to this section.
AZ Rev Stat § 41-1034 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1034 - Declaratory judgment

41-1034.  Declaratory judgment A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12,  chapter 10,  article 2. B. Any person who is or may be affected by an existing agency practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12,  chapter 10,  article 2.
AZ Rev Stat § 41-1035 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1035 - Rules affecting small businesses; reduction of rule impact

41-1035.  Rules affecting small businesses;  reduction of rule impact If an agency proposes a new rule or an amendment to an existing rule which may have an impact on small businesses,  the agency shall consider each of the methods described in this section for reducing the impact of the rule making on small businesses. The agency shall reduce the impact by using one or more of the following methods,  if it finds that the methods are legal and feasible in meeting the statutory objectives which are the basis of the proposed rule making: 1. Establish less stringent compliance or reporting requirements in the rule for small businesses. 2. Establish less stringent schedules or deadlines in the rule for compliance or reporting requirements for small businesses. 3. Consolidate or simplify the rule's compliance or reporting requirements for small businesses. 4. Establish performance standards for small businesses to replace design or operational standards in the rule. 5. Exempt small businesses from any or all requirements of the rule.
AZ Rev Stat § 41-1036 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1036 - Preamble; justifications for rule making

41-1036.  Preamble;  justifications for rule making Only the reasons contained in the preamble may be used by any party as justifications for the making of the rule in any proceeding in which its validity is at issue.
AZ Rev Stat § 41-1037 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1037 - General permits; issuance of traditional permit

41-1037.  General permits;  issuance of traditional permit A. If an agency proposes a new rule or an amendment to an existing rule that requires the issuance of a regulatory permit,  license or agency authorization,  the agency shall use a general permit if the facilities,  activities or practices in the class are substantially similar in nature unless any of the following applies: 1. A general permit is prohibited by federal law. 2. The issuance of an alternative type of permit,  license or authorization is specifically authorized by state statute. 3. The issuance of a general permit is not technically feasible or would not meet the applicable statutory requirements.  4. The issuance of a general permit would result in additional regulatory requirements or costs being placed on the permit applicant. 5. The permit,  license or authorization is issued pursuant to section 8-126,  8-503,  8-505,  23-504,  36-592,  36-594.01,  36-595,  36-596,  36-596.54,  41-1967.01 or 46-807. 6. The permit,  license or authorization is issued pursuant to title V of the clean air act. B. The agency retains the authority to revoke an applicant's ability to operate under a general permit and to require the applicant to obtain a traditional permit if the applicant is in substantial noncompliance with the applicable requirements for the general permit.
AZ Rev Stat § 41-1038 (2021)
2021 Arizona Revised Statutes|Title 41 - State Government|§ 41-1038 - Rules; restrictions; affirmative defense; exceptions; definition

41-1038.  Rules;  restrictions;  affirmative defense;  exceptions;  definition A. Notwithstanding any other law,  an agency may not adopt any new rule that would increase existing regulatory restraints or burdens on the free exercise of property rights or the freedom to engage in an otherwise lawful business or occupation unless the rule is either of the following: 1. A component of a comprehensive effort to reduce regulatory restraints or burdens. 2. Necessary to implement statutes or required by a final court order or decision.  B. Any person who is subject to a civil or criminal proceeding arising from the enforcement of a rule in violation of subsection A of this section has an affirmative defense to the enforcement action. Any court or administrative body considering or reviewing the defense shall rule on its merits without deference to any legislative,  administrative or executive finding concerning the rule. The court or administrative body may award the prevailing party,  other than the agency,  attorney fees and costs. C. This section does not apply to rules that either: 1. Govern public employees. 2. Are necessary to protect public health and safety. 3. Are necessary to avoid sanctions that would result from a failure to take rulemaking action pursuant to a court order or federal law. D. For the purposes of this section,  agency does not include any board,  commission,  department,  officer or other administrative unit of this state established under the authority of the constitution of Arizona.  E. For the purposes of this section,  " to protect public health and safety"  means the immediate need to address or prevent an outbreak of an infectious disease,  a disaster or any other catastrophic event.