Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 5 - PROPOSED RULEMAKING › Section R1-1-502 - Notice of Proposed 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, a
				repeal of an existing Section, or a renumber of a Section, meets the provisions
				of A.R.S. §
									41-1022
				and the Act, the agency shall prepare and file a Notice of Proposed Rulemaking
				as prescribed in this Section.
B. A
				Notice of Proposed Rulemaking shall contain:
1. On a centered line one inch from the top
				of the page, the heading in all capital letters, NOTICE OF PROPOSED
				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 number
				and heading, 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 heading or Subchapter label, whichever is applicable, the
				heading in all capital letters and underlined, PREAMBLE. The Preamble of the
				Notice of Proposed Rulemaking shall include in numbered order:
a. In two columns a list of Articles, Parts,
				or Sections affected and the rulemaking action of each Article, Part, or
				Section affected.
b. The first
				column shall contain the heading "Articles, Parts, and Sections Affected" under
				which shall list in sequential and numerical order:
i. Articles or Parts affected if an Article
				heading or Part label is being made, amended or repealed as specified in
				R1-1-415, or renumbered. Article headings or Part labels shall be listed
				multiple times, each on a separate line, if the Article or Part has more than
				one rulemaking action. Article headings or Part labels that do not have a
				rulemaking action directly applied to the headings or labels shall not be
				listed.
ii. Under each Article or
				Part affected in subsection (B)(5)(a)(i), if applicable, shall be a list of
				Section numbers of Sections being made, amended, repealed or renumbered.
				Section numbers shall be listed multiple times, each on a separate line, if the
				Section has more than one rulemaking action applied to it. A Section that
				currently exists but has no rulemaking action applied to the Section shall not
				be listed.
c. The second
				column shall contain the heading "Rulemaking Action" under which will be listed
				the rulemaking activity being applied to each Article, Part or Section listed
				in the first column. A Section that:
i. Has no
				text because the Section was previously reserved, repealed, or renumbered
				cannot have a rulemaking action listed as amended, renumbered, or recodified. A
				previously repealed Section cannot be repealed again unless new text has
				subsequently been made at the Section number.
ii. Has more than one rulemaking action
				applied to the Section, shall list the actions, each on a separate line, as
				follows: repeal, renumber, new Section, or amend.
6. Citations to the agency's
				statutory rulemaking authority to include the authorizing statute (general) and
				the implementing statute (specific).
7. Citations to all related notices published
				in the Register as specified in R1-1-409(A) that pertain to the record of the
				proposed rule.
8. The agency's
				contact person who can answer questions about the rulemaking. This information
				shall include the contact's:
a.
				Name;
b. Address;
c. Area code and telephone number;
				and
d. Fax number, e-mail and web
				site addresses, if applicable.
9. An agency's justification and reason why a
				rule should be made, amended, repealed or renumbered, to include an explanation
				about the rulemaking.
10. A
				reference to any study relevant to the rule that the agency reviewed and
				proposes either to rely on or not to 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.
11. 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.
12. The
				preliminary summary of the economic, small business, and consumer
				impact.
13. The agency's contact
				person who can answer questions about the economic, small business, and
				consumer impact statement. This information shall include the contact's:
a. Name;
b. Address;
c. Area code and telephone number;
				and
d. Fax number, e-mail and web
				site addresses, if applicable.
14. The time, place, and nature of the
				proceedings to make, amend, repeal, or renumber the rule or, if no proceeding
				is scheduled, where, when, and how persons may request an oral proceeding on
				the proposed rule.
15. All agencies
				shall list any other matters prescribed by statute applicable to the specific
				agency or to any specific rule or class of rules. Additionally, an agency
				subject to Council review under A.R.S. §§
										41-1052
				and
				41-1055
				shall respond to the following questions:
a.
				Whether the rule requires a permit, whether a general permit is used and if
				not, the reasons why a general permit is not used;
b. 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
c. Whether a person
				submitted an analysis to the agency regarding the rule's impact of the
				competitiveness of businesses in this state as compared to the competitiveness
				of businesses in other states.
16. A list of any incorporated by reference
				material as specified in A.R.S. §
										41-1028
				and its location in the rules.
17.
				The phrase "The full text of the rules follows:".
18. The full text of the rules in the
				rulemaking package shall begin on the next page after the last item in the
				Preamble. The text of the rules shall contain in sequential order:
a. Under the Preamble, on a centered line,
				the agency's Code Title number and heading.
b. On a centered line under the Title number
				and heading, the agency's Code Chapter number and heading.
c. If applicable, on a centered line under
				the Chapter number and heading, the agency's Subchapter label and
				heading.
d. Under the Chapter or
				Subchapter heading, whichever is applicable, shall be a list as prescribed in
				subsections (B)(18)(d)(i) through (iv):
i. On
				a centered line under the Chapter number and its heading, list the first
				Article number and its heading that has Sections undergoing a rulemaking action
				or with Article heading text being made, amended, renumbered, or
				repealed.
ii. If applicable, on a
				centered line under the Article number and its heading, list the Part number
				and its label with Sections undergoing a rulemaking action or with Part label
				text being made, amended, renumbered or repealed.
iii. Under the Article heading, or Part label
				if applicable, at the left margin, list the Section numbers and their headings
				for those Sections undergoing a rulemaking action. A Section shall not be
				listed if the Section does not have a rulemaking action assigned to the
				Section.
iv. A Chapter, Subchapter,
				Article, Part or Section heading with text being made, amended, renumbered or
				repealed shall have the text written as described in subsection (B)(18)(e)(iii)
				and (iv).
e. Under the
				list in subsection (B)(18)(d) the next page shall be the full text of the
				Sections being made, amended, repealed or renumbered. The text shall:
i. Include, if applicable, in sequential and
				numerical order, Article numbers and headings, and Part labels and their
				headings if any of the Sections within the Article or Part are being made,
				amended, repealed, or renumbered or if the heading of the Article or Part is
				undergoing a rulemaking action.
ii.
				Include Section numbers listed in numerical order that follow the numbering
				scheme in
				R1-1-403. A
				Section shall always contain a heading, whether it is to specify the name of a
				rule, or to label the Section as renumbered or repealed. New Section numbers,
				headings, and text shall be underlined; currently existing Section numbers
				shall not be underlined. Repealed Section headings and text shall be stricken.
				The Section numbers of repealed Sections shall not be stricken.
iii. Specify current rule text being deleted
				or repealed as stricken. Striking shall not be used for any other
				purpose.
iv. Specify rule text
				being made as new text as underlined. Underlining shall not be used for any
				other purpose.
v. Within a Section,
				have stricken text appear before new, underlined text.
f. An agency that amends some but not all of
				the subsections in a Section may list the subsections not being amended by the
				subsection label and the words "No change" Each level of subsection designated
				as having no change shall be individually labeled. Subsections shall not be
				grouped together.
g. An agency that
				renumbers an existing Section shall strike the current Section number. The new
				Section number shall be underlined immediately next to the stricken number.
				Renumbered Sections shall be in numerical order with the text of the rule at
				the location of the new Section number. If the only action on a Section is to
				renumber it, immediately under the Section number and its heading shall appear
				the words "No change" to indicate that the text is not being amended. If an
				existing Section is renumbered and no text is made, amended, or repealed at the
				current Section number, the current Section number shall be listed in numerical
				order with strike-outs through the old heading but not through the Section
				number, with the new heading underlined and labeled "Renumbered."