Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 5 - PROPOSED RULEMAKING › Section R1-1-507 - Notice of Supplemental Proposed Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an agency determines it meets the
				requirements of A.R.S. §
									41-1022(E)
				 and that a filed and published proposed rule
				requires substantial change due to either internal review or public comments,
				the agency shall prepare and file a Notice of Supplemental Proposed Rulemaking
				as prescribed in this Section.
B. A
				Notice of Supplemental 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 SUPPLEMENTAL
				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 or Subchapter heading, whichever is
				applicable, the heading in all capital letters and underlined, PREAMBLE. The
				Preamble of the Notice of Supplemental Proposed Rulemaking shall include, in
				numbered order:
a. Citations to the agency's
				Notice of Rulemaking Docket Opening, the Notice of Proposed Rulemaking, and any
				other Notices of Supplemental Proposed Rulemaking, if applicable, as published
				in the Register as specified in R1-1-409(A). A list of any other related
				notices published in the Register as specified in R1-1-409(A).
b. 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).
c. Citations to the agency's statutory
				rulemaking authority to include the authorizing statute (general) and the
				implementing statute (specific).
d.
				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.
e. An agency's justification and reason why a
				rule should be made, amended, repealed, or renumbered, to include an
				explanation about the rulemaking.
f. 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.
g. An explanation of the substantial change
				that resulted in the supplemental notice.
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.
i. The preliminary summary of the economic,
				small business, and consumer impact.
j. 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:
i. Name;
ii. Address;
iii. Area code and telephone number;
				and
iv. Fax number, e-mail and web
				site addresses, if applicable.
k. 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 supplemental proposed rule.
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 rules.
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). A supplemental notice
				shall contain every Section undergoing change from the current text in the
				Code, as if the supplemental notice were the agency's first version of the
				proposed rulemaking.