Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 7 - EMERGENCY RULEMAKING › Section R1-1-701 - Notice of Emergency Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				If an agency determines a proposed new Section, an amendment to a Section, or a
				repeal of an existing Section meets the emergency provisions of A.R.S. §
									41-1026,
				the agency shall prepare a Notice of Emergency Rulemaking as prescribed in this
				Section.
B. A Notice of Emergency
				Rulemaking shall contain:
1. On a centered
				line one inch from the top of the page, the heading in all capital letters,
				NOTICE OF EMERGENCY RULEMAKING.
2.
				On a centered line under the notice heading, the agency's Code Title number and
				heading.
3. On a centered line
				under the Title, the agency's Code Chapter number and heading.
4. If applicable, on a centered line under
				the Chapter number and heading the agency's Code Subchapter label and
				heading.
5. On a centered line
				under the Chapter or Subchapter heading, whichever is applicable, the heading
				in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of
				Emergency Rulemaking shall include, in numbered order:
a. A list of Articles, Parts, or Sections
				affected and the rulemaking action of each Article, Part, or Section affected
				in two columns, as specified in R1-1-502(B)(5).
b. Citations to the agency's statutory
				rulemaking authority to include the authorizing statute (general) and the
				implementing statute (specific).
c.
				The effective date of the rule. If an agency specifies a date:
i. Earlier than the 60 day effective date as
				specified in A.R.S. §
												41-1032(A)
				 the agency shall include the earlier date
				and state the reason or reasons it selected the earlier effective date as
				provided in A.R.S. §
												41-1032(A)(1)
				through (5), or
ii. Later than the 60 day effective date as
				specified in A.R.S. §
												41-1032(A)
				 the agency shall include the date and state
				the reason or reasons it selected the later effective date as provided in
				A.R.S. §
												41-1032(B).
d. Citations to all related
				emergency rulemaking notices published in the Register as specified in
				R1-1-409(A) that pertain to the record of this notice of emergency
				rulemaking.
e. The agency's contact
				person who can answer questions about the rulemaking. This information shall
				include the contact's:
i. Name;
ii. Address;
iii. Area code and telephone number;
				and
iv. Fax number, e-mail and web
				site addresses, if applicable.
f. An agency's justification and reason why a
				rule should be made, amended, repealed, or renumbered, to include an
				explanation about the rulemaking.
g. A reference to any study relevant to the
				rule that the agency reviewed and either relied on or did not rely on in its
				evaluation of or justification for the rule, where the public may obtain or
				review each study, all data underlying each study, and any analysis of each
				study and other supporting material.
h. A showing of good cause why the rulemaking
				is necessary to promote a statewide interest if the rulemaking will diminish a
				previous grant of authority of a political subdivision of this state.
i. A summary of the economic, small business,
				and consumer impact.
j. Any other
				matters prescribed by statute and applicable to the specific agency or to any
				specific rule or class of rules. When applicable, matters shall include but are
				not limited to:
i. Whether the rule requires a
				permit, whether a general permit is used and if not, the reasons why a general
				permit is not used;
ii. Whether a
				federal law is applicable to the subject of the rule, whether the rule is more
				stringent than federal law and if so, citation to the statutory authority to
				exceed the requirements of federal law; and
iii. Whether a person submitted an analysis
				to the agency that compares the rule's impact of the competitiveness of
				business in this state to the impact on business in other states.
k. A list of any incorporated by
				reference material as specified in A.R.S. §
											41-1028
				and its location in the rule.
l. An
				agency explanation about the situation justifying the rulemaking as an
				emergency rule.
m. The date the
				Attorney General approved the rule.
n. The phrase "The full text of the rules
				follows:".
6. The full
				text of the rules in the rulemaking package shall begin on the page after the
				last page of the Preamble and contain the text as specified in
				R1-1-502(B)(18).