2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-594 - Rulemaking; notice

32-594.
Rulemaking;  notice
(Eff. 7/1/24)
A. The commission shall adopt reasonable rules to effectively and efficiently implement and administer this compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this compact or the powers granted pursuant to this compact,  or based on another applicable standard of review.
B. Commission rules have the force of law in each member state,  except that if commission rules conflict with the laws of the member state that establish the member state's scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction,  the commission rules are ineffective in that state to the extent of the conflict.
C. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted pursuant to this section. Rules become binding as of the date specified by the commission for each rule.
D. If a majority of the legislatures of the member states rejects a rule or portion of a rule by enacting a statute or resolution in the same manner used to adopt this compact within four years after the date of adoption of the rule,  the rule has no further force and effect in any member state or to any state applying to participate in this compact.
E. Rules shall be adopted at a regular or special meeting of the commission.
F. Before adopting a proposed rule,  the commission shall hold a public hearing and allow persons to provide oral and written comments,  data,  facts,  opinions and arguments.
G. Before adopting a proposed rule,  and at least thirty days before the meeting at which the commission will hold a public hearing on the proposed rule,  the commission shall provide a notice of proposed rulemaking as follows:
1. On the commission's website or other publicly accessible platform.
2. To persons who have requested notice of the commission's notices of proposed rulemaking.
3. In such other ways as the commission specifies by rule.
H. The notice of proposed rulemaking shall include:
1. The time,  date and location of the public hearing at which the commission will hear public comments on the proposed rule and,  if different,  the time,  date and location of the meeting at which the commission will consider and vote on the proposed rule.
2. If the hearing is held via telecommunication,  videoconference or other electronic means,  the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.
3. The text of the proposed rule and the reason for the proposed rule.
4. A request for comments on the proposed rule from any interested person.
5. The manner in which interested persons may submit written comments.
I. All hearings shall be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
J. This section does not require a separate hearing on each rule. Rules may be grouped for the commission's convenience at hearings required by this section.
K. By a majority vote of all members,  the commission shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.
L. The commission may adopt changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule.
M. The commission shall provide an explanation of the reasons for substantive changes that are made to the proposed rule as well as reasons for substantive changes that are not made but that were recommended by commenters.
N. The commission shall determine a reasonable effective date for the rule. Except for an emergency rule as provided in subsection O of this section,  the effective date of the rule shall be at least forty-five days after the commission issues the notice that the commission adopted or amended the rule.
O. On determination that an emergency exists,  the commission may consider and adopt an emergency rule with at least a five-day notice,  with an opportunity to comment,  provided that the usual rulemaking procedures provided in this compact are retroactively applied to the rule as soon as reasonably possible,  and not later than ninety days after the rule's effective date. For the purposes of this subsection,  an emergency rule is one that must be adopted immediately to:
1. Meet an imminent threat to public health,  safety or welfare.
2. Prevent a loss of commission or member state monies.
3. Meet a deadline that is established by federal law to adopt a rule.
4. Protect public health and safety.
P. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors,  errors in format,  errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the commission's website. The revision is subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission before the end of the notice period. If a challenge is not made,  the revision takes effect without further action. If the revision is challenged,  the revision may not take effect without the commission's approval.
Q. A member state's rulemaking requirements do not apply under this compact.