Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 3 - FIVE-YEAR REVIEW REPORTS › Section R1-6-301 - Submitting a Five-year Review Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. To submit a five-year review report for
				consideration by the Council, an agency shall submit to the Council office one
				electronic copy of the cover letter signed by the agency head and the five-year
				review report required by A.R.S. §
									41-1056. The
				agency shall concisely analyze and provide the following information in the
				five-year review report in the following order for each rule:
1. General and specific statutes authorizing
				the rule, including any statute that authorizes the agency to make
				rules;
2. Objective of the rule,
				including the purpose for the existence of the rule;
3. Effectiveness of the rule in achieving the
				objective, including a summary of any available data supporting the conclusion
				reached;
4. Consistency of the rule
				with state and federal statutes and other rules made by the agency, and a
				listing of the statutes or rules used in determining the consistency;
5. Agency enforcement policy, including
				whether the rule is currently being enforced and, if so, whether there are any
				problems with enforcement;
6.
				Clarity, conciseness, and understandability of the rule;
7. Summary of any written criticism of the
				rule received by the agency within the five years immediately preceding the
				five-year review report. An agency shall respond to any written criticism and
				shall provide a copy of its response to the commenter;
8. A comparison of the estimated economic,
				small business, and consumer impact of the rule with the economic, small
				business, and consumer impact statement prepared on the last making of the rule
				or, if no economic, small business, and consumer impact statement was prepared
				on the last making of the rule, an assessment of the actual economic, small
				business, and consumer impact of the rule;
9. Any analysis submitted to the agency by
				another person regarding the rule's impact on this state's business
				competitiveness as compared to the competitiveness of businesses in other
				states;
10. If applicable, how the
				agency completed the course of action indicated in the agency's previous
				five-year review report;
11. A
				determination after analysis that the probable benefits of the rule within this
				state outweigh the probable costs of the rule, and the rule imposes the least
				burden and costs to persons regulated by the rule, including paperwork and
				other compliance costs necessary to achieve the underlying regulatory
				objective;
12. A determination
				after analysis that the rule is not more stringent than a corresponding federal
				law unless there is statutory authority to exceed the requirements of that
				federal law;
13. For a rule adopted
				after July 29, 2010, that requires issuance of a regulatory permit, license or
				agency authorization, whether the rule complies with A.R.S. §
										41-1037;
				and
14. Course of action the agency
				proposes to take regarding each rule, including the month and year in which the
				agency anticipates submitting the rules to the Council if the agency determines
				it is necessary to amend or repeal an existing rule, or to make a new rule. If
				no issues are identified for a rule in the report, an agency may indicate that
				no action is necessary for the rule.