Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 9 - EXEMPT RULEMAKING › Section R1-1-902 - Notice of Exempt Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				If an agency determines it meets the requirements of A.R.S. §§
									41-1005
				and
				41-1057, or
				has been given a statutory exemption, an agency shall prepare a Notice of
				Exempt Rulemaking as prescribed in this Section.
B. A Notice of Exempt Rulemaking shall
				contain:
1. On a centered line one inch from
				the top of the page, the heading in all capital letters NOTICE OF EXEMPT
				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
				Exempt 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:
i. The
				authorizing statute (general),
ii.
				The implementing statute (specific), and
iii. The statute or session law authorizing
				the exemption.
c. The
				effective date of the rule and the agency's reason it selected the effective
				date.
d. A list of all notices
				published in the Register as specified in R1-1-409(A) that pertain to the
				record of the exempt 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				rule should be made, amended, repealed, or renumbered to include an explanation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. The
				summary of the economic, small business, and consumer impact, if
				applicable.
j. A description of any
				changes between the proposed rulemaking, including any supplemental proposed
				rulemaking, and the final rulemaking, if applicable.
k. An agency's summary of the public or
				stakeholder comments made about the rulemaking and the agency response to the
				comments, if applicable.
l. Any
				other matters prescribed by statute applicable to the specific agency or to any
				specific rule or class of rules. When applicable, matters shall include, but
				not be 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.
m. A list of any incorporated by
				reference material and its location in the rule.
n. Whether the rule was previously made,
				amended, repealed, or renumbered as an emergency rule. If so, the agency shall
				state where the text changed between the emergency and the exempt rulemaking
				packages.
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).