reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 7 - USE OF FUNDS AND REPAYMENT › Section R2-20-701 - Purpose and Scope

Current through Register Vol. 30, No. 28, July 12, 2024
Notwithstanding any other provision of the rules to the
				  contrary, a participating candidate shall not make any payment to a private
				  organization that is exempt under section 501 fa) of the internal revenue code
				  and that is eligible to engage in activities to influence the outcome of a
				  candidate election, nor make any payment directly or indirectly to a political
				  party; and subject to the foregoing, may spend clean elections monies only for
				  reasonable and necessary expenses that are directly related to the campaign of
				  that participating candidate.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 7 - USE OF FUNDS AND REPAYMENT › Section R2-20-702 - Use of Campaign Funds

Current through Register Vol. 30, No. 28, July 12, 2024
A A
				participating candidate shall use funds in the candidate's current campaign
				account to pay for goods and services for direct campaign purposes only. Funds
				shall be disbursed and reported in accordance with A.R.S. §
									16-948(C).
B A participating
				candidate shall not use funds in the candidate's campaign account for:
1 Costs of legal defense in any campaign law
				enforcement proceeding or for any affirmative claim or litigation in court or
				before the Commission regarding a campaign. This prohibition does not bar use
				of campaign funds for payments to attorneys or certified accountants for
				proactive compliance advice and assistance.
2 Food and beverages for staff and volunteers
				exceeding $11 for breakfast, $16 for lunch, and $27 for dinner, per
				person.
3 Personal use, which
				includes, but is not limited to, any item listed below:
a Household food items or supplies.
b Clothing, other than items of de minimis
				value that are used in the campaign, such as campaign "t-shirts" or caps with
				campaign slogans.
c Tuition
				payments, other than those associated with training campaign staff.
d Mortgage, loan, rent, lease or utility
				payments:
i For any part of any personal
				residence of the candidate or a member of the candidate's family; or
ii For real or personal property that is
				owned or leased by the candidate or a member of the candidate's family and used
				for campaign purposes, to the extent the payments exceed the fair market value
				of the property usage.
e
				Admission to a sporting event, concert, theater or other form of entertainment,
				unless part of a specific campaign activity.
f Dues, fees or gratuities at a country club,
				health club, recreational facility or other nonpolitical organization, unless
				they are part of the costs of a specific fund raising event that takes place on
				the organization's premises.
g
				Gifts or donations.
h Extended
				warranties or other similar purchase options that extend beyond the
				campaign.
4 Payment to a
				candidate or a candidate's family member, as defined in
				R2-20-101(13),
				or an enterprise owned in whole or part by a candidate or family member, for
				the provisions of goods or services to the extent the payments exceed the fair
				market value of the goods or services. All payments made to family members or
				to enterprises owned in whole or part by the candidate or a family member shall
				be clearly itemized and indicated as such in all campaign finance
				reports.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 7 - USE OF FUNDS AND REPAYMENT › Section R2-20-702.01 - Use of Assets

Current through Register Vol. 30, No. 28, July 12, 2024
A participating candidate may us e assets such as signs,
				  pamphlets, and office equipment from a prior election cycle only after the
				  candidate's current campaign pays for the assets in an amount equal to the fair
				  market value of the assets, which amount shall in no event be less than
				  one-fifth (1/5) the original purchase price of such assets . If the candidate
				  was a participating candidate during the prior election cycle, the cash payment
				  shall be made to the Fund. If the candidate was not a participating candidate
				  during the prior election cycle, the cash payment shall be made to the prior
				  campaign. If the prior campaign account of a nonparticipating candidate is
				  closed, the payment shall be made to the candidate. Notwithstanding any other
				  provision of the rules to the contrary, a participating candidate shall not
				  make any payment to a private organization that is exempt under section 501(a)
				  of the internal revenue code a nd that is eligible to engage in activities to
				  influence the outcome of a candidate election, nor make any payment directly or
				  indirectly to a political party.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 7 - USE OF FUNDS AND REPAYMENT › Section R2-20-703 - Documentation for Direct Campaign Expenditures

Current through Register Vol. 30, No. 28, July 12, 2024
A. In addition to the general books and
				records requirements prescribed in A.A.C.
				R2-20-111,
				participating candidates shall comply with the following requirements:
1. All participating candidates shall have
				the burden of proving that expenditures made by the candidate were for direct
				campaign purposes. The candidate shall obtain and furnish to the Commission on
				request any evidence regarding direct campaign expenses made by the candidate
				as provided in subsection 2 of this rule.
2. All participating candidates shall retain
				records with respect to each expenditure and receipt, including bank records,
				vouchers, worksheets, receipts, bills and accounts, journals, ledgers,
				fundraising solicitation material, accounting systems documentation, and any
				related materials documenting campaign receipts and disbursements, for a period
				of three years, and shall present these records to the Commission on
				request.
3. All participating
				candidates shall maintain a list of all fixed assets whose purchase price
				exceeded $ 200 when acquired by the campaign. The list shall include a brief
				description of each fixed asset, the purchase price, the date it was acquired,
				the method of disposition and the amount received in disposition.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 7 - USE OF FUNDS AND REPAYMENT › Section R2-20-703.01 - Campaign Consultants

Current through Register Vol. 30, No. 28, July 12, 2024
A. For
				purposes of this rule "Campaign Consultant" means any person paid by a
				participating candidate's campaign or who provides services that are ordinarily
				charged to a person, except services provided for in A.R.S. §
									16-911(6)(b).
B. A participating candidate may engage
				campaign consultants.
C. A
				participating candidate may only advance a campaign consultant for services
				such as consulting, communications, field employees, canvassers, mailers,
				auto-dialers, telephone town halls, electronic communications and other
				advertising purchases and other campaign service if an itemized invoice
				identifying the value of the services is provided directly to that particular
				candidate at the time of the advance payment.
1. Providing payment for such services as
				described in subsection (C) of this rule in the absence of an itemized invoice
				or advance payment for such services shall be deemed not to be a direct
				campaign expenditure.
2. A
				participating candidate may advance payment for postage upon the receipt of a
				written estimate and so long as any balance is returned to the candidate if the
				advance exceeds the actual cost of postage.
3. A participating candidate may advance
				payment for advertising that customarily requires pre-payment upon the receipt
				of a written estimate and so long as any balance is returned to the candidate
				if the advance exceeds the actual cost of the
				advertisement.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 7 - USE OF FUNDS AND REPAYMENT › Section R2-20-704 - Repayment

Current through Register Vol. 30, No. 28, July 12, 2024
A. In general, the
				Commission may determine that a participating candidate who has received
				payments from the Fund must repay the Fund as determined by the Commission.
1. A candidate who has received payments from
				the Fund shall pay the Fund any amounts that the Commission determines to be
				repayable. In making repayment determinations, the Commission may utilize
				information obtained from audits and examinations or otherwise obtained by the
				Commission in carrying out its responsibilities.
2. The Commission will notify the candidate
				of any repayment determinations made under this section as soon as possible,
				but not later than one year after the day of the election.
3. Once the candidate receives notice of the
				Commission's repayment determination, the candidate should give preference to
				the repayment over all other outstanding obligations of the candidate, except
				for any taxes owed by the candidate.
4. Repayments may be made only from the
				following sources: personal funds of the candidate, funds in the candidate's
				current election campaign account, and any additional funds raised subject to
				the limitations and prohibitions of the Act.
5. The Commission may withhold the portion of
				funds required to be repaid from future payments to a participating candidate
				if the Commission has made a repayment determination.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 7 - USE OF FUNDS AND REPAYMENT › Section R2-20-705 - Additional Audits or Repayment Determinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Commission may conduct an additional
				audit or examination of any candidate in any case in which the Commission finds
				reason to believe that a violation of a statute or regulation over which the
				Commission has jurisdiction has occurred or is about to occur.
B. The Commission may make additional
				repayment determinations after it has made an initial repayment determination
				pursuant to R2-20-704. The Commission may make additional repayment
				determinations where there exist facts not used as the basis for any previous
				determination. Any such additional repayment determination will be made in
				accordance with the provisions of this Article.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-801 - Definitions and Rules of Construction

Current through Register Vol. 30, No. 28, July 12, 2024
A. The definitions in A.R.S. §
									16-971 shall apply to these
				rules.
B. For purposes A.R.S. §
									16-971(2)(a)(vii),
				research, design, production, polling, data analytics, mailing or social media
				list acquisition or any other activity conducted in preparation for or in
				conjunction with any of the other activities described in A.R.S. §
									16-971(2)(a) 
				shall not be considered campaign media spending unless these activities are
				specifically conducted in preparation for or in conjunction with those other
				activities.
C. In response to a
				request pursuant to A.R.S. §
									16-972(D), a
				person must inform that covered person in writing, of the identity of each
				other person that directly or indirectly contributed more than $2,500 in
				original monies being transferred and the amount of each other person's
				original monies being transferred up to the amount of money being transferred
				to the requesting person.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-802 - Time

Current through Register Vol. 30, No. 28, July 12, 2024
The following rules apply in computing any time period
				  specified in these rules:
1. The day
				of the event or act shall be excluded.
2. If the deadline is five days or fewer,
				then Saturdays, Sundays, and legal holidays shall be excluded.
3. If the last day of the period is a
				Saturday, Sunday, or legal holiday, the last day is excluded, and the period
				runs until the next day that is not a Saturday, Sunday, or legal holiday.
4. The next day is determined by
				continuing to count forward when the period is measured after an event and
				backward when measured before an event.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-803 - Opt-out Notices

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before
				a covered person may use or transfer a donor's monies for campaign media
				spending, the donor must be notified in writing that the monies may be so used.
				The covered person must give the donor an opportunity to opt out of having the
				donation used or transferred for campaign media spending.
B. The notice must:
1. Inform donors that their monies may be
				used for campaign media spending and that information about donors may have to
				be reported to the appropriate government authority in this state for
				disclosure to the public.
2. Inform
				donors that they can opt out of having their monies used or transferred for
				campaign media spending by notifying the covered person in writing within
				twenty-one days after receiving the notice that the donor prefers to opt-out of
				having their monies used or transferred for campaign media spending and that a
				receipt confirming their choice shall be provided upon request.
3. Opt-out information shall be provided in
				writing. If provided with other written information the opt-out information
				must be provided in a format at least the same size type as any other
				information provided in writing along with the notice. The information must be
				either the first sentence in a paragraph or itself constitute a paragraph. If
				the opt-out information is provided without additional writing it must be
				clearly readable. To be valid, the opt-out information must provide contact
				information to allow the recipient to contact the person who provided the
				opt-out information within 21 days. Upon request of the donor, the person
				responsible for providing the opt-out information must provide a receipt to the
				donor confirming the donor's choice. If the covered person regularly provides
				receipts for donations the receipt shall confirm the donor's choice. Nothing in
				this rule precludes providing a donor a receipt without waiting for a
				request.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-805 - Disclaimers

Current through Register Vol. 30, No. 28, July 12, 2024
A. A covered person
				shall include the words "paid for by" on every public communication followed by
				the full legal name of the covered person making the public communication. The
				public communication shall also state whether it is:
1. Authorized by any candidate or their
				agents and any candidate's name who individually or through their agents
				participated in the authorization; or
2. That the public communication is not
				authorized by any candidate or their agents acting on the candidate's
				behalf.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-806 - Ex Parte Communications

Current through Register Vol. 30, No. 28, July 12, 2024
A. No
				individual shall communicate with any Commissioner ex parte as defined in
				subsections E and F of this rule. No Commissioner shall communicate with any
				individual ex parte as defined in subsections E and F of this rule.
B. In the event of a Complaint, no
				Commissioner shall communicate with the Executive Director or any other
				commission staff or attorney who represents the Executive Director regarding
				the Complaint except in commission proceedings where the Respondent or
				Respondent's Counsel is present.
C.
				The Executive Director may communicate with a Respondent, a Respondent's
				counsel, a Complainant or Complainant's Counsel or any other person with
				information regarding a Complaint.
D. If a Respondent wishes to be represented
				by counsel with regard to any matter pending before the Commission, Respondent
				or Respondent's Counsel shall so advise the Commission by sending a writing to
				the Commission including the following:
1. The
				name, address, and telephone number of the counsel.
2. A statement authorizing such counsel to
				receive any and all notifications, service of process, and other communications
				from the Commission, its staff and attorneys on behalf of Respondent. Upon
				receipt, the Commission shall have no contact with Respondent except through
				the designated counsel unless authorized by Respondent.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-807 - Recordkeeping

Current through Register Vol. 30, No. 28, July 12, 2024
A. All records
				required to be retained by Chapter 6.1 of Title 16 shall be kept in such order
				that a reasonable person could confirm the accuracy of transactions, transfer
				records, reports, opt out notices, and other information by review of the
				documents and other information.
B.
				Records may be kept in any media a person subject to Chapter 6.1 of Title 16
				chooses, provided that the media is commonly available and not
				proprietary.
C. Failure to maintain
				records in a reasonable manner may give rise to factual presumption against the
				person in an enforcement proceeding or other action under Chapter 6.1 of Title
				16.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-808 - Advisory Opinions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Requests for advisory opinions.
1. Any person
				may request in writing an advisory opinion concerning the Chapter 6.1, of Title
				16 or any regulation prescribed by the Commission pursuant to that chapter. An
				authorized agent of the requesting person may submit the advisory opinion
				request, but the agent shall disclose the identity of his or her
				principal.
2. The written advisory
				opinion request shall set forth a specific transaction or activity that the
				requesting person plans to undertake or is presently undertaking and intends to
				undertake in the future. Requests presenting a general question of
				interpretation, or posing a hypothetical situation, or regarding the activities
				of third parties, do not qualify as advisory opinion requests.
3. Advisory opinion requests shall include a
				complete description of all facts relevant to the specific transaction or
				activity with respect to which the request is made.
4. The Executive Director shall review all
				requests for advisory opinions submitted. If the Executive Director determines
				that a request for an advisory opinion is incomplete or otherwise not
				qualified, they shall, within 10 days of receipt of such request, notify the
				requesting person and specify the deficiencies in the request.
5. Advisory opinion requests must be sent to
				the Clean Elections Commission by email or as directed by the Commission staff.
				Procedures for advisory opinion requests shall be available on the Commission
				website.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-809 - Complaint Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				qualified voter in this state may submit a complaint to the Executive Director
				if the person believes a violation of Arizona Revised Statutes Title 16,
				Chapter 6.1 or these rules has occurred. The complaint must be made in writing.
				Email submissions are acceptable.
B. Regardless of whether a complainant is
				represented by counsel, a complaint must contain the full name, email address,
				and mailing address of the complainant.
C. A complaint must:
1. Clearly recite the facts that describe a
				violation of Arizona Revised Statutes Title 16, Chapter 6.1 or these rules as
				specifically as possible. Citations to law are not required.
2. Clearly identify any person, including any
				individual, entity, committee, organization or group, that is alleged to have
				committed a violation.
3. Include
				any supporting documentation which the Complainant believes establishes the
				alleged violation, if available.
4.
				Differentiate between statements based on a complainant's personal knowledge
				and those based on information and belief. Statements not based on personal
				knowledge should identify the source of the information, and include supporting
				documentation if available. Contents of the complaint shall be sworn to and
				signed in the presence of a notary public and shall be notarized.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-810 - Response Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within
				14 days after receiving a complaint that complies with
				R2-20-809, a staff member shall
				send the respondent a copy of the complaint and a written communication
				describing the campaign finance processing procedures. The written
				communication shall:
1. Inform the respondent
				that the Executive Director has received allegations as to possible violations
				of campaign finance laws by the respondent.
2. Provide a copy of the complaint.
3. Gives the respondent an opportunity to
				respond in writing in a timely manner and setting forth a deadline of not more
				than 30 days after the respondent's receipt of the written communication.
				Extensions shall be granted on request at the discretion of the Executive
				Director.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-812 - Enforcement Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Within 30 days after the issuance of the Executive Director's report and
				recommendations, a respondent may request a hearing before the Commission. The
				Commission shall be represented by counsel who have had no role in the
				investigation or enforcement.
B. No
				later than 14 days after the request, the Executive Director, other Commission
				staff or attorneys for the Executive Director shall meet with the respondent or
				their attorneys to develop a proposed hearing plan. At the conference the
				following matters shall be considered:
1. The
				possibility of a consent agreement, and possible terms;
2. Select at least three mutually-agreeable
				dates for the hearing to present to the Commission;
3. Discuss whether any additional written
				material shall be provided to the Commission. If additional written material is
				necessary, discuss deadlines for the parties to exchange those materials prior
				to the hearing;
4. Decide whether
				either side shall call live witnesses, disclosure of the witness' proposed
				testimony, and agree whether alternative procedures for providing the evidence
				are available and appropriate;
5.
				Determine how much time each side shall need at the hearing;
6. Any pre-hearing matters that must be
				decided by the Commission and a schedule for presenting such matters;
7. A schedule for any pre-hearing briefing;
				and
8. Each side may prepare a
				draft final order to be submitted to the Commission with other
				materials.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-813 - Transactions and Structuring

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person, including an individual, may rely on records provided to the person as
				documentation of a transaction related to campaign media spending if the
				records are provided by an independent person who owns or controls the monies
				involved in the transaction. The person claiming reliance bears the burden of
				showing the reliance is reasonable by a preponderance of the evidence. The
				person claiming reliance must not have knowledge the records are false or
				misleading, and must not refuse to consider or produce information that
				indicates the records are false or misleading.
B. A person who is not a covered person may
				provide the notice prescribed by A.R.S. §
									16-972(B)  to
				another person who has given that person monies before transferring monies or
				making an in-kind donation to a covered person.
C. In order to establish structuring, the
				Executive Director shall provide evidence that a person acted willfully with
				regard to the transaction or other circumstance.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 1 - GENERAL PROVISIONS › Section R3-1-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §
									41-1001,
				  the following terms apply to this Chapter:
"Administrative Law Judge" means an individual, or the
				  Director of the Department, who sits as an administrative law judge, conducts
				  an administrative hearing in a contested case or an appealable agency action,
				  and makes decisions regarding the contested case or appealable agency action.
"Department" means the Arizona Department of Agriculture.
"Director" means the Director of the Arizona Department of
				  Agriculture.
"License" includes the whole or part of any agency permit,
				  certificate, approval, registration, charter or similar form of permission
				  required by law, but does not include a license required solely for revenue
				  purposes. A.R.S. §
									41-1001.
"Licensing" includes the agency process respecting the grant,
				  denial, renewal, revocation, suspension, annulment, withdrawal or amendment of
				  a license. A.R.S. §
									41-1001.
"Person" means an individual, partnership, corporation,
				  association, governmental subdivision or unit of a governmental subdivision, a
				  public or private organization of any character or another agency. A.R.S.
				  §
									41-1001.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 1 - GENERAL PROVISIONS › Section R3-1-102 - Computation of Time

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall compute a period of time for action
				  required in a Department rule or order, as follows:
1. The day of the act, event, or default from
				which the designated period of time begins to run shall not be included;
2. The last day of the period
				shall be included unless it is a Saturday, Sunday, or Arizona legal holiday in
				which event the period runs until the end of the next day that is not a
				Saturday, Sunday, or Arizona legal holiday; and
3. If the period of time allowed is 10 days
				or less, intermediate Saturdays, Sundays, and Arizona legal holidays are not
				included.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 1 - GENERAL PROVISIONS › Section R3-1-103 - Licensing; Testing

Current through Register Vol. 30, No. 28, July 12, 2024
A. For
				a license for which an applicant is required to pass an examination, the
				Department may limit the amount of time the applicant is allowed to complete
				the licensing examination. In determining whether and to what extent the
				time-frame for an examination will be limited, the Department shall consider
				the following:
1. The number of questions on
				the examination;
2. The difficulty
				and content of the questions;
3.
				And if available, historical data on the average amount of time taken to
				complete the examination.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 2 - PRACTICE AND PROCEDURE - CONTESTED CASES AND APPEALABLE AGENCY ACTIONS › Section R3-1-201 - Adjudicative Proceedings before the Department

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall use the uniform administrative appeals
				  procedures of A.R.S. Title 41, Chapter 6, Article 10 to govern the initiation
				  and conduct of formal adjudicative proceedings before the
				  Department.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 2 - PRACTICE AND PROCEDURE - CONTESTED CASES AND APPEALABLE AGENCY ACTIONS › Section R3-1-218 - Rehearing or Review of Decision; Basis

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may file a motion for rehearing or
				review under A.R.S. §
									41-1092.09.
B. The Director shall grant a rehearing or
				review of an administrative law judge's decision for any of the following
				causes materially affecting the moving party's rights:
1. The decision is not justified by the
				evidence or is contrary to law.
2.
				There is newly discovered material evidence which could not with reasonable
				diligence have been discovered and produced at the original
				proceeding.
3. One or more of the
				following has deprived the party of a fair hearing:
a. Irregularity or abuse of discretion in the
				conduct of the proceeding;
b.
				Misconduct of the Department, the administrative law judge, or the prevailing
				party; or
c. Accident or surprise
				which could not have been prevented by ordinary prudence.
4. Excessive or insufficient
				sanction.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R3-1-301 - Rulemaking Record

Current through Register Vol. 30, No. 28, July 12, 2024
A person may review an official rulemaking record at the
				  Department's main office, Monday through Friday, except an Arizona legal
				  holiday, during the hours of 8:00 a.m. to 5:00 p.m. The Department shall
				  provide a copy of a record according to the provisions of A.R.S. §
									39-121
				  et seq.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R3-1-302 - Petition to Make, Amend, or Repeal a Rule

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person requesting the Department to
				adopt, amend, or repeal a rule, as prescribed in A.R.S. §
									41-1033,
				shall file a petition with the Director. A petition shall contain:
1. The name, address, and signature of the
				person submitting the petition;
2.
				For the making of a new rule, the specific language of the proposed
				rule;
3. For the amendment of a
				current rule, the Section number, title, and language of the current rule with
				changes identified by drawing a line through language to be deleted and
				underlining proposed language;
4.
				For the repeal of a current rule, the Section number and title of the
				rule;
5. A statement describing why
				the rule should be made, amended, or repealed; and
6. The date the petition is signed.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R3-1-303 - Written Comment; Proposed Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A person shall direct written comment on a proposed rule to
				  the person identified by the Department in a rulemaking notice published in the
				  Arizona Administrative Register as responsible for accepting written
				  comment.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R3-1-304 - Oral Proceeding; Proposed Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A presiding officer shall perform the following acts on
				  behalf of the Department when conducting an oral proceeding as prescribed under
				  A.R.S. §
									41-1023:
1. Request that each attendee register by
				name and representative capacity, if applicable, on a form provided by the
				Department;
2. Require that an
				attendee intending to speak provide the following information on a form
				obtained from the Department:
a. Name and
				representative capacity, if applicable;
b. Position with regard to the proposed rule;
				and
c. Approximate length of time
				needed to present comment;
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R3-1-306 - Written Criticism of a Current Rule

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may file a written criticism of a
				current rule with the Department at any time.
B. A criticism shall clearly identify the
				rule addressed and describe with specificity the person's concern regarding the
				rule.
C. The Department shall
				acknowledge receipt of a criticism within 20 days and shall retain the
				criticism in the Department's files for review under A.R.S. §
									41-1056.
D. A criticism is not a petition as
				prescribed in
				R3-1-302.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION › Article 3 - PUBLIC PARTICIPATION IN RULEMAKING › Section R3-1-307 - Petition for Review of a Practice or Policy

Current through Register Vol. 30, No. 28, July 12, 2024
A person may petition the Director to review a practice or
				  substantive policy statement, as prescribed in A.R.S. §
									41-1033,
				  that the petitioner alleges to constitute a rule. The petition shall
				  contain:
1. The name, address, and
				signature of the petitioner;
2. The
				representative capacity of the petitioner, if applicable;
3. The practice or substantive policy
				statement at issue, identified by Department division, number, title, date, or
				concise description;
4. A statement
				describing with specificity why the petitioner alleges the practice or
				substantive policy statement constitutes a rule; and
5. The date the petition is signed.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION › Article 1 - GENERAL PROVISIONS › Section R3-2-102 - Licensing Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Overall time-frame. The Department shall issue or deny a license within the
				overall time-frames listed in Table 1 after receipt of the complete
				application. The overall time-frame is the total of the number of calendar days
				provided for the administrative completeness review and the substantive
				review.
B. Administrative
				completeness review.
1. The administrative
				completeness review time-frame established in Table 1 begins on the date the
				Department receives the application. The Department shall notify the applicant
				in writing within the administrative completeness review time-frame whether the
				application or request is incomplete. The notice shall specify what information
				is missing. If the Department does not provide notice to the applicant within
				the administrative completeness review time-frame, the Department considers the
				application complete.
2. An
				applicant with an incomplete license application shall supply the missing
				information within the completion request period established in Table 1. The
				administrative completeness review time-frame is suspended from the date the
				Department sends the notice of missing information to the applicant until the
				date the Department receives the information.
3. If the applicant fails to submit the
				missing information before the expiration of the completion request period, the
				Department shall close the file, unless the applicant requests an extension. An
				applicant whose file has been closed may obtain a license by submitting a new
				application.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION › Article 1 - GENERAL PROVISIONS › Table 1 - Time-frames (Calendar Days)

Current through Register Vol. 30, No. 28, July 12, 2024
License
Authority
Administrative Completeness
							 Review
Response to Completion
							 Request
Substantive Completeness
							 Review
Response to Additional
							 Information
Overall
							 Time-frame
MEAT AND POULTRY INSPECTION
License to Slaughter
A.R.S. §§ 32002 & 3-2003
							 R3-2-208
14
14
30
14
44
Transfer of license without fee
A.R.S. §
													3-2009
14
14
30
5
44
State Meat Inspection Service
A.R.S. §
													3-2047
14
14
30
14
44
Sale or Exchange of Meat or Poultry
A.R.S. § 3-2081
							 R3-2-208
14
14
30
14
44
Rendering Facility Certification
A.R.S. §
													3-2081
14
14
30
14
44
Transfer of License
A.R.S. §
													3-2086
14
14
30
5
44
Official Slaughter Meat Licenses
A.R.S. § 3-2122
							 R3-2-208
14
14
30
14
44
FEEDING OF ANIMALS
Feed Lot License
A.R.S. §
													3-1452
14
14
60
14
74
Permit to Feed Garbage to Swine
A.R.S. §
													3-2664
14
14
60
14
74
DAIRY PRODUCTS AND CONTROL
Milk Distributing Plant
New
Renewal
A.R.S. §
													3-607
14
14
14
14
14
14
14
14
14
14
Milk Processing Plant
New
Renewal
A.R.S. §
													3-607
14
14
14
14
14
14
14
14
14
14
Plant Licensing
New
Renewal
A.R.S. §
													3-665
14
14
14
14
14
14
14
14
14
14
Request to market a product as a milk
							 product
A.R.S. § 601.01
14
14
14
14
28
Tester License
A.R.S. §
													3-619
7
7
7
7
14
Trade Product Label
A.R.S. §
													3-667
14
14
30
30
44
LIVESTOCK INSPECTION
Equine Trader Permit
A.R.S. §
													3-1348
7
7
7
7
14
Ownership and Hauling Certificate for
							 Equines
A.R.S. §§ 31344 &
							 3-1345
14
14
14
14
28
EGG PRODUCTS AND CONTROL
Annual Licensing
A.R.S. §
													3-714
10
10
10
10
20
AQUACULTURE
Aquaculture Facility
Fee Fishing Facility
Processor
Transporter
A.R.S. §
													3-2907
R3-2-1004
R3-2-1005
R3-2-1006
R3-2-1007
14
14
14
14
14
14
14
14
30
30
30
30
14
14
14
14
44
44
44
44
Special Licenses
A.R.S. §
													3-2908
14
14
30
14
44
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION › Article 2 - MEAT AND POULTRY INSPECTION › Section R3-2-201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S.
				  §§ 3-101 and 3-2001 and
				  9 CFR
				  301.2 and
				  9 CFR
				  381.1, which are incorporated by reference in
				  R3-2-202,
				  the following terms apply to this Article:
1. "Animal" means any steer, heifer, calf, cow, bull, sheep,
				  goat, swine, horse, ass, mule, burro, ratite, or poultry.
2. "Dead animal" means an animal that died other than by
				  slaughter in a place where inspection is performed by the Department or by the
				  United States Department of Agriculture.
3. "Inedible meat" means:
a. Meat or meat food product from an animal that died by
				  slaughter or was processed in an inspected slaughterhouse, but which an
				  inspector did not pass as fit for human consumption; or
b. Meat condemned by a federal or state inspector.
4. "Rendering" means the conversion of packinghouse waste or
				  dead animal carcasses and parts into industrial fat, oil, or other product
				  unfit for human consumption.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION › Article 2 - MEAT AND POULTRY INSPECTION › Section R3-2-202 - Meat and Poultry Inspection; Slaughtering Standards

Current through Register Vol. 30, No. 28, July 12, 2024
All meat and poultry inspection, slaughtering, production,
				  processing, labeling, storing, handling, transportation and sanitation
				  procedures shall be conducted as prescribed in 9 CFR Chapter III, revised
				  January 1, 2016, as amended by 80 FR 75590-01 (December 2, 2015), except
				  sections 302.2, 307.5, 307.6, 312, 322, 327, 329.7, 329.9, 331, 335, 351, 352,
				  354, 355, 381.38, 381.39, 381.96 through 381.112, 381.195 through 381.209,
				  381.218 through 381.225, 390, 391, 392, 590 and 592. This material is
				  incorporated by reference and does not include any later amendments or
				  editions. A copy of the incorporated material is available from the Department
				  and may also be viewed online at www.gpo.gov/fdsys.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION › Article 2 - MEAT AND POULTRY INSPECTION › Section R3-2-203 - Licenses; Registration; Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person operating a business in any of
				the following categories shall obtain the appropriate license from the
				Department.
1. Types of slaughter licenses.
a. Official slaughter - the slaughtering of
				animals in a slaughterhouse for sale for human consumption.
b. Exempt slaughter.
i. Exempt non-mobile slaughter - the
				slaughtering or dressing of an animal in a stationary building for human
				consumption, that is not sold or offered for sale.
ii. Exempt mobile slaughter - the
				slaughtering or dressing of an animal for human consumption by using a mobile
				structure on the property of the animal's owner, that is not sold or offered
				for sale.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION › Article 2 - MEAT AND POULTRY INSPECTION › Section R3-2-204 - Official Slaughter Establishment

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the requirements in A.R.S. §
									3-2051,
				  the following shall be provided when slaughtering cattle, calves, sheep, and
				  hogs:
1. Cattle.
a. A metal knocking box or concrete box with
				metal door to confine the animals prior to stunning;
b. A separately drained, dry landing area at
				least five feet wide in front of the knocking box;
c. A curbed-in bleeding area at least eight
				feet wide and seven feet long, located so that blood will not splash upon
				stunned animals lying in the dry landing area or upon carcasses being skinned
				on the siding bed. Curbing shall be at least six inches high and six inches
				wide;
d. A separately drained area
				at least five feet from the curbed-in bleeding area to the siding
				bed;
e. A distance of at least 14
				feet from the vertical of the dropoff to the vertical of the hoist where
				carcasses are eviscerated. For multiple-bed plants, this distance shall be
				increased to 16 feet;
f. A distance
				of at least 14 feet between the vertical of the hoist where carcasses are
				eviscerated and the header rail leading to the cooler. This distance may be
				shortened when a single rail hang-off is used;
g. A distance of at least three feet from the
				header rail to the adjacent wall;
h. A bleeding rail with its top at least 16
				feet above the floor or a traveling hoist on an I-beam which will provide an
				equivalent distance of the carcass from the floor;
i. Floor space for a head-flushing cabinet
				and head inspection rack with removable hooks;
j. When hides are dropped to a room below, a
				hide chute near the point where hides are removed from the carcasses. The chute
				shall have a vented hood with a self-closing, push-in door. The vent shall be
				approximately 10 inches in diameter and extend to a point above the roof.
				Additional chutes, which meet the requirements of this subsection, for inedible
				and condemned materials shall be provided separate from the hide
				chutes;
k. A two-level viscera
				inspection truck for evisceration, except when a moving top viscera inspection
				table is used;
l. An area for
				washing and shrouding carcasses which shall be curbed and sloped to a separate
				drain or have a slope of approximately 1/2 inch to the foot leading to a
				separate drain;
m. Dressing rails
				and cooler rails at least 11 feet in height.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 2 - DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION › Article 2 - MEAT AND POULTRY INSPECTION › Section R3-2-206 - Purchase, Sale, Collection, Transportation, Disposition, and Use of Meat or Meat Food Products; Dead Animals; Animal Bone, Animal Fat, Animal Offal

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person shall
				not buy, sell, offer for sale, store, transport, receive, or collect any meat
				or meat food product except as provided in this subsection.
1. Any of the following meat or meat food
				products may be bought, sold, or offered for sale as animal food and may be
				stored, transported, received, or collected anywhere within the state:
a. Any meat or meat food product that is
				processed in an animal food manufacturing plant licensed by the
				Department;
b. Any meat or meat
				food product that comes from an animal that died by slaughter or is approved or
				passed for animal food by either state or federal meat inspectors;
c. Any meat or meat food product that is
				thoroughly cooked at a minimum temperature of 180º F for 30 minutes and is
				certified by a state or a federal meat inspector having jurisdiction at the
				place of processing.