Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 6 - FINAL RULEMAKING › Section R1-1-602 - Notice of Final Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				an agency determines it meets the requirements of A.R.S. §
									41-1024
				and other requirements in the Act an agency shall prepare a Notice of Final
				Rulemaking as prescribed in this Section.
B. A Notice of Final Rulemaking shall
				contain:
1. On a centered line one inch from
				the top of the page, the heading in all capital letters, NOTICE OF FINAL
				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 or Subchapter heading, whichever is applicable, the heading
				in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of
				Final 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 later 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
				notices published in the Register as specified in R1-1-409(A) that pertain to
				the record of the final rulemaking package.
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. A
				description of any changes between the proposed rulemaking, to include
				supplemental notices, and the final rulemaking.
k. An agency's summary of the public or
				stakeholder comments made about the rulemaking and the agency response to the
				comments.
l. 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:
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.
m. A list
				of any incorporated by reference material as specified in A.R.S. §
											41-1028
				and its location in the rule.
n.
				Whether the rule was previously made, amended or repealed as an emergency rule.
				If so, cite the notice published in the Register as specified in R1-1-409(A).
				Also, the agency shall state where the text changed between the emergency and
				the final rulemaking packages; and
o. The phrase "The full text of the rules
				follows:".
6. The full
				text of the rules in the rulemaking package shall begin on the next page after
				the last item in the Preamble and contain the text as specified in
				R1-1-502(B)(18).
7. An agency shall
				submit a final rulemaking package to either the Council or the Attorney General
				for review as specified in
				R1-1-105.