reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-306 - Action on an Application for Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Director may make a recommendation to the Governor whether to issue a
				Declaration.
B. The Director shall
				notify the Applicant in writing of the Governor's decision to issue or not to
				issue a Declaration. If the Governor issues a Declaration, the Division shall
				forward a copy to the Applicant.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-307 - Declaration File Number

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division
				shall assign a file number to each State-Level Emergency that is the subject of
				a Declaration.
B. All
				correspondence regarding a State-Level Emergency to which a file number is
				assigned shall reference the file number.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-308 - Limitation of Governor's Emergency Fund Expenditure

Current through Register Vol. 30, No. 28, July 12, 2024
A. Expenditure from the Governor's Emergency
				Fund as a result of a particular Declaration shall not exceed the amount
				authorized in the Declaration unless an additional amount is authorized by the
				State Emergency Council as prescribed in A.R.S. §
									35-192.
B. State payment of claims submitted by a
				Political Subdivision pursuant to a Declaration shall not exceed 75% of
				Eligible Costs or such lesser amount established by the Director, which shall
				be set forth in the Applicant Agreement. In no event should the aggregate
				amount of payments exceed the amount set forth in the Governor's Declaration,
				unless such amount is authorized pursuant to R8-2-308(A).
C. State payment of claims submitted by a
				State Agency pursuant to a Declaration shall not exceed 100% of Eligible Costs
				or such lesser amount established by the Director, which shall be set forth in
				the Applicant Agreement. In no event should the aggregate amount of payments
				exceed the amount set forth in the Governor's Declaration, unless such amount
				is authorized pursuant to R8-2-308(A).
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-310 - Retention of Records

Current through Register Vol. 30, No. 28, July 12, 2024
The Applicant shall maintain all records relating to claims
				  submitted by the Applicant for three years after the final payment is made by
				  the Division to Applicant or three years after the Applicant completes
				  refunding to the Division any amount required under R8-2-318, whichever is
				  later, and shall make these records available for inspection and audit by the
				  Department and/or the State Auditor General.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-311 - Establishment of the Incident Period and Termination of the Declaration

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Director shall recommend to the Governor, for inclusion in the Governor's
				Declaration, the beginning and ending dates of the Incident Period. If the
				Director determines that the Incident Period has a beginning or ending date
				different from that stated in the Declaration, the Director shall recommend to
				the Governor that the Declaration be amended to reflect the correct dates.
B.
				Once all of the following conditions have been met, the Director shall advise
				the Governor that the Declaration may be terminated:
1. The approved Eligible Work associated with
				the particular Incident is complete;
2. The Division has completed all inspections
				of all such Eligible Work for which Applicants have submitted timely
				claims;
3. The Division has
				reimbursed all authorized claims associated with the particular
				Incident;
4. All audits associated
				with the particular Incident are complete; and
5. All Applicants have received all amounts
				due from the Governor's Emergency Fund associated with the particular Incident
				and have refunded to the Governor's Emergency Fund all overpayments associated
				with the particular Incident.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-312 - Duplication of Benefits

Current through Register Vol. 30, No. 28, July 12, 2024
A. The State is not
				liable for any claim arising from a State-Level Emergency for which the
				Applicant receives funds from another source. Such funds from other sources
				shall not count towards the Applicant's contribution percentage.
B. The State will not contribute toward any
				Eligible Costs arising from a State-Level Emergency unless the Applicant
				applies for and is denied funding from all other available sources before
				submitting the claim to the State.
C. If an Applicant is within the Designated
				Disaster area of a Presidential Major Disaster Declaration, the State is not
				liable for any claim deemed ineligible by the Federal Emergency Management
				Agency (FEMA) under a Presidential Major Disaster Declaration. Claims denied by
				FEMA will not be considered eligible under the corresponding State-Level
				Emergency unless otherwise expressly allowed under R8-2-313(B).
D. If an Applicant, or the Department through
				the audit process, determines that the Applicant received duplicate funds for a
				claim from the State and/or another source, the Applicant shall refund the
				amount received from the State within 60 days of written notification by the
				Division.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-313 - Allowable Claims Against the Governor's Emergency Fund

Current through Register Vol. 30, No. 28, July 12, 2024
A. An executed Project Worksheet approves
				potential Reimbursement only to maximum of the dollar amount shown therein,
				which amount may not be increased except in a written document executed by both
				the Applicant and the Division or as a result of an adjustment after audit. The
				Division may allow expenditures from the Governor's Emergency Fund for an
				Eligible Cost arising from a State-Level Emergency only if all of the following
				conditions are met, unless the Director determines otherwise:
1. The Applicant is legally and/or
				financially responsible for providing the related Eligible Work;
2. If the Eligible Work involves repairs to a
				damaged Facility, the Facility must be owned by the Applicant at the time of
				the Incident, or the Applicant is obligated at the time of the Incident under a
				lease or other contract to perform or pay the cost of the Eligible
				Work;
3. The amount claimed is a
				direct result of Eligible Work related to the State-Level Emergency;
4. The amount claimed is authorized under
				R8-2-313(B) or R8-2-313(D);
5. The
				related Project or projects comply with all local, State, and Federal
				environmental and historic preservation, building, safety, and other regulatory
				codes and standards; and
6. The
				Applicant does not owe any overpayment under R8-2-318 for any past or present
				State Level Emergency (whether open or closed) that has not been timely
				refunded to the Division. Alternatively, the Director may reduce the amount of
				any Reimbursement to the Applicant from the Governor's Emergency Fund by the
				amount of any outstanding overpayment under R8-2-318 that has not been timely
				refunded by the Applicant to the Division.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-314 - Hazard Mitigation and Improved Projects

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Applicant is encouraged to identify and request that the Governor's Emergency
				Fund be used to pay for cost effective Hazard Mitigation opportunities for each
				Facility that has suffered Damage in the State-Level Emergency that would
				mitigate future impact from a similar future emergency.
B. The Applicant shall comply with any Hazard
				Mitigation requirements specified in writing by the Division for Facilities
				subject to repeated damage or threats to life or property, as described in a
				Project Worksheet approved by the Division.
C. With approval by the Division, the
				Applicant may submit for an Improved Project and make improvements to a
				Facility in addition to restoring pre-disaster function to a Facility
				identified to the Division within 60-days of the Kick-Off Meeting per
				R8-2-309(A). Pursuant to R8-2-313(E), claims against the Governor's Emergency
				Fund for an Improved Project are otherwise limited to the State share for the
				Project estimate for the repairs necessary to return the Facility to the
				condition it was before the State-Level Emergency, subject to R8-2-313(A)(5).
				All costs in excess of the State's share for the Improved Project are the sole
				responsibility of the Applicant.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-315 - Advance of Funds from the Governor's Emergency Fund

Current through Register Vol. 30, No. 28, July 12, 2024
All requests for an advance of funds from the Governor's
				  Emergency Fund must be made by the Applicant in writing, shall be signed by the
				  Applicant's Authorized Representative, and submitted to the Director. The
				  Director may, in the Director's sole discretion, grant a request for an advance
				  for work not completed only if the Director determines that the Applicant has
				  demonstrated that the work is Eligible Work and cannot be completed without an
				  advance. The amount of an advance is in the Director's sole discretion.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-316 - Final Inspection and Audit

Current through Register Vol. 30, No. 28, July 12, 2024
Upon completion of all work by an Applicant, the Division
				  shall inspect all the work for which the Applicant has received any funding
				  from the Governor's Emergency Fund. The Applicant shall provide the Division
				  with access to all such work and shall permit review of all records relating to
				  such work. After completion of the final inspection, the Department's chief
				  auditor shall conduct an audit of the Applicant's claims. The Director shall
				  use this audit to determine the eligibility of claimed costs and either the
				  amount of the final payment due to the Applicant, or the amount of the
				  overpayment due from the Applicant to the Division.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-317 - Inspection and Audit of Contract Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
If a contract or subcontract for the furnishing of goods,
				  equipment, labor, materials, or services may be Reimbursed in whole or in part
				  with funds from the Governor's Emergency Fund to the Applicant, the Applicant
				  shall include in the contract or subcontract a provision that all books,
				  accounts, reports, and other records relating to the contract or subcontract
				  shall be subject to inspection and audit by the state for five years after
				  completion of the contract or subcontract.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-318 - Overpayment

Current through Register Vol. 30, No. 28, July 12, 2024
If the Director determines that an Applicant is required to
				  refund an overpayment, the Division shall provide the Applicant written notice
				  of the Director's decision and the amount owed. The Applicant shall refund this
				  amount to the Division within 60 days of the date of the written
				  notification.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 3 - GOVERNOR'S EMERGENCY FUND › Section R8-2-319 - Review and Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. Decisions, determinations, or
				disaster-specific guidance made during a specific State-Level Emergency shall
				not be construed as establishing any precedent for decisions, determinations,
				or disaster specific guidance for future State-Level Emergencies.
B. If an Applicant is aggrieved by an initial
				decision of the Director, the Applicant may request a review and
				reconsideration by the Director not later than 30 days of the decision in
				question. The Applicant's request for a review:
1. Must be made in writing;
2. Must contain a statement of all the
				material facts relied on by the Applicant; and
3. Must have attached copies of all documents
				relied on by the Applicant in making its request. The Director shall issue a
				final written decision of the Director's review and reconsideration providing a
				detailed explanation of the decision on the Applicant's request for a review
				within 60 days. If the review results in a final written decision that the
				Applicant is required to refund an amount to the Division, the Applicant shall
				refund the amount required within 60 days of the Director's written
				decision.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 7 - REGISTRATION OF EMERGENCY WORKERS › Section R8-2-701 - Scope

Current through Register Vol. 30, No. 28, July 12, 2024
This Article is applicable for the registering of emergency
				  workers in accordance with A.R.S. §
									26-314.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 7 - REGISTRATION OF EMERGENCY WORKERS › Section R8-2-702 - Registration

Current through Register Vol. 30, No. 28, July 12, 2024
Except what is provided in A.R.S §
									26-353,
				  registration is a prerequisite for eligibility of emergency workers for
				  benefits and legal protections under A.R.S. §
									26-314.
1. Emergency workers shall register with a
				department or agency of the state or a political subdivision of the
				state.
2. The information provided
				during registration may be used to conduct criminal history and driving record
				background checks.
3. Temporary
				registration.
a. Temporary registration may be
				used in emergency situations requiring immediate or on-scene recruitment of
				emergency workers.
b. Persons shall
				be temporarily registered if they have provided the required registration
				information in accordance with R8-2-703, but have not provided supporting
				documentation.
c. Period of
				temporary registration ends when the registering participant has been cleared
				pursuant to
				R8-2-702(1) and
				(2) or when the registering agency determines
				that the emergency for which the registering participant received a temporary
				registration is closed whichever occurs first.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 7 - REGISTRATION OF EMERGENCY WORKERS › Section R8-2-703 - Required Registration Information

Current through Register Vol. 30, No. 28, July 12, 2024
The following information is the minimum information required
				  to register as an emergency worker:
1.
				Full name;
2. Birth date;
3. Gender;
4. Social Security Number;
5. Citizenship, to include a document
				verifying citizenship;
6. Provide
				verification of eligibility to work in the United States;
7. Address;
8. Contact phone number and e-mail
				address;
9. Driver's license
				number, issuing state and expiration date;
10. Registering jurisdiction;
11. Registering
				agency/organization;
12. Employer
				name, address and phone number;
13.
				Personal reference name, address and phone number;
14. Emergency contact name, address and phone
				number;
15. Professional licenses,
				certificates and registrations, to include numbers and expiration dates (copies
				will be provided);
16. Court record
				of felony convictions;
17. Record
				of misdemeanor convictions involving moral turpitude; and
18. Medical conditions which may limit
				ability to perform as an emergency worker.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 2 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT › Article 7 - REGISTRATION OF EMERGENCY WORKERS › Section R8-2-704 - Registration Denial or Revocation; Denied Compensation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Failure to truthfully respond to
				statements set forth on the registration form may result in the denial of
				registration, revocation of registration as an emergency worker, or denial of
				compensation for claims arising under A.R.S §
									23-1028(a).
B. Registration may be denied or revoked in
				the event of the following:
1. Failure to
				satisfactorily provide the information required in Section R8-2-703,
2. Health conditions that could limit the
				applicant's performance as an emergency worker, or
3. Felony convictions.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S. §
									26-261,
				  the following definitions apply to this Article unless the context otherwise
				  requires:
1. "Accident potential zone" has the meaning in A.R.S §
									28-8461(1) and
				  (2), as shown in the maps referenced in
				  subsection (6).
2. "AMAC" means the Arizona Military Affairs Commission
				  established under A.R.S. §
									26-261.
3. "Clear zone" has the meaning in A.R.S. §
									28-8461(8).
4. "Conservation easement" has the meaning in A.R.S. §
									33-271(1).
5. "Development right" means the right to undertake and
				  complete the development of real property for a particular use.
6. "High noise zone" means an area designated as "a high
				  noise zone" on the military installation maps listed below. Maps are updated
				  annually with State Land and Department of Real Estate. Current maps will be
				  available from the Department of Real Estate):
a. Luke Air Force Base Military Airport Map;
b. Luke AFB Auxiliary Airfield Map
c. Marine Corps Air Station Yuma Land Use Boundaries;
d. Yuma Marine Corps Air Station Military Airport Map;
e. Gila Bend Auxiliary Airfield Map;
f. Davis-Monthan Air Force Base Military Airport Map;
g. Libby Army Airfield Fort Huachuca Military Airport Map;
				  and
h. Laguna Army Airfield Yuma Proving Ground (YPG) Military
				  Airport Map.
7. "Property management" means the preservation, transfer or
				  disposal of property, including lease or sale of managed assets, consistent
				  with the preservation or enhancement of military facilities in Arizona.
				  Includes any structural renovations, construction of building modifications or
				  improvements that mitigate or attenuate impact in high noise or accident
				  potential zones, or removal of structures or improvements that are necessary
				  for acquisition of private property for the purpose of protecting a military
				  installation.
8. "MIF" means the Military Installation Fund established
				  under A.R.S. §
									26-262.
9. "Military installation" has the meaning in A.R.S. §
									26-261(F).
10. "Multi-use opportunity" means a chance to simultaneously
				  benefit a military installation and the community in the vicinity of the
				  military installation including associated airspace, military training routes
				  and ranges.
11. "Property" means real property including all rights to
				  the real property such as easements, restrictive covenants, and development
				  rights.
12. "Department" means the Department of Emergency and
				  Military Affairs.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-102 - Notice of Application Deadline and Public Comment Period

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall provide notice of the
				application deadline for awards from MIF at least 60 days before the
				application deadline The Department shall ensure that notice of the application
				deadline is:
1. Published in the Arizona
				Administrative Register,
2. Posted
				on the Department's web site, and
3. Posted on the Arizona Military Affairs
				Commission meeting agenda.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-103 - Administrative Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall perform an administrative review to determine whether an
				application is complete and complies with the requirements in this Article
				within 45 days after the application deadline.
B. If the Department determines that an
				application is incomplete or does not comply with the requirements of this
				Article, the Department shall return the application to the applicant with a
				written notice of deficiencies that includes:
1. One original and four legible copies of
				the completed application form;
2.
				Supporting application documentation (one original and four copies);
3. The name of contact person, and the
				contact person's title, telephone and fax number and if possible an email
				address;
4. A legal description of
				the property;
5. Statements
				regarding the property the owner is offering for sale;
6. A map of the real property showing its
				relation to the specified military installation;
7. The date the property was acquired by the
				current owners;
8. The property
				owner's statement of legal ownership;
9. A list of all recorded/unrecorded
				encumbrances, liens, mortgages or easements;
10. A statement disclosing a phase one
				environmental inspection and the condition on the property;
11. Narrative regarding the applicant's
				eligibility to apply for the MIF award under the criteria specified in the
				applicant;
12. A description of the
				property owner's inability to use or limitation of use of the
				property;
13. The amount of funds
				requested, and the source of any supplemental funding available;
14. A description of measures taken by the
				applicant to mitigate the impact of the military installation on the
				property;
15. Documents from the
				military installation, city, town, county or other entity or individuals that
				support or oppose the proposed land acquisition.
16. The applicant's signature shall be
				notarized on the original application.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-105 - Department Solicitation of Comments Regarding Applications for Acquisition of Private Property

Current through Register Vol. 30, No. 28, July 12, 2024
To assist the Department in scoring an application for the
				  acquisition of private property and making a recommendation regarding the
				  application to AMAC, the Department shall solicit written comments regarding
				  the application from personnel of the applicable military installation, city,
				  town, county, and any other entity that may have an interest in the
				  application. Responses to solicited comments will be placed on the AMAC
				  committee agenda for review prior to final property acquisition
				  approval.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-106 - Department Scoring of Applications for Acquisition of Private Property

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall rank applications in order of score. The
				  Department shall use the following evaluation criteria to score applications
				  for acquisition of private property. The Department shall give an application a
				  score under either subsection (1) or (2) but not both:
1. Location of the property. When there is a
				range of points, the Department shall assign the highest score to property in
				closest proximity to a runway. If the property is in more than one zone, the
				Department shall assign the highest applicable score.
a. Clear zone as defined in A.R.S. §
										28-8461(8):
				300 points;
b. Accident potential
				zone 1 as defined in A.R.S. §
										28-8461(1):
				250-290 points;
c. Accident
				potential zone 2 as defined in A.R.S. §
										28-8461(2)
				 200-240 points;
d. High noise zone, according to the
				day-night sound levels in decibels under A.R.S. §
										28-8481(J):
i. Decibel level 85 or more: 190
				points;
ii. Decibel level 80-84:
				175 points;
iii. Decibel level
				75-79: 160 points;
iv. Decibel
				level 70-74: 140 points; or
v.
				Decibel level 65-69: 125 points.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-107 - Department Report to AMAC Regarding Applications for Acquisition of Private Property; Notice of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall compile and forward to AMAC a report that includes the
				following:
1. Applications for expenditures
				of funds accepted as complete under
				R8-3-103;
2. Written comments received under
				R8-3-102(D) and;
				R8-3-105;
3. Evaluation scores and ranking under;
				R8-3-106;
4. Available funding calculated using the
				formula under A.R.S. §
										26-262(G);
				and
5. The recommended funding
				distribution.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-108 - AMAC Recommendation Regarding Applications for Acquisition of Private Property

Current through Register Vol. 30, No. 28, July 12, 2024
A. AMAC
				shall review the Department's report under
				R8-3-107.
B. If AMAC determines that oral testimony
				regarding an application for acquisition of private property will assist AMAC
				to make a recommendation, AMAC shall allow oral testimony at the open meeting
				for review of applications.
C. AMAC
				shall base its recommendation to the Department on AMAC's assessment of:
1. The likelihood that acquisition of the
				private property will preserve and enhance the mission of a military
				installation, and
2. The economic
				efficiency of applying MIF monies for the greatest protection or enhancement of
				a military installation.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-109 - Process for Determining Acceptable Value for Expenditure of Funds

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall not pay more than fair market value to acquire private property using MIF
				monies.
B. To determine the fair
				market value of private property to be acquired using MIF monies, the
				Department shall have the private property appraised by a professional
				appraiser who is under contract with the state.
C. A property owner that disagrees with the
				fair market value determined under subsection (B) may appeal the determination
				under
				R8-3-117.
D. For all other expenditures of funds
				relating to property preservation, the Department shall follow guidelines found
				in Title 41, Chapter 23, Article 5 relating to construction, building
				improvement and procurement standards.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-110 - Leaving an Application for Acquisition of Private Property on File

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant
				that submits a complete application under
				R8-3-104
				may leave the application on file with the Department for a maximum of five
				years.
B. An applicant that leaves
				a complete application on file with the Department under subsection (A) may
				request that the Department consider the application in a subsequent year. To
				request that the application be considered in a subsequent year, the applicant
				shall submit to the Department a written request before the application
				deadline specified under
				R8-3-102.
				The applicant shall include the following information in the written request:
1. The name of the property owner as
				originally filed with the Department; and
2. Either a statement that the information in
				the application as previously submitted is current, or a statement of specific
				amendments to the original application.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-112 - Department Solicitation of Comments Regarding Applications for Funding for Military Installation Preservation and Enhancement Projects

Current through Register Vol. 30, No. 28, July 12, 2024
To assist AMAC in evaluating an application for funding for a
				  military installation preservation and enhancement project, the Department
				  shall solicit written comments regarding the application from authorized
				  personnel of the applicable military installation. The Department shall ask
				  authorized personnel of the military installation to:
1. Indicate whether the military installation
				supports the proposed project; and
2. If multiple projects are proposed for the
				same military installation, rank the proposed projects in priority
				order.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-113 - Criteria for AMAC Evaluation of Applications for Funding for Military Installation Preservation and Enhancement Projects

Current through Register Vol. 30, No. 28, July 12, 2024
AMAC shall use the following criteria to evaluate an
				  application for funding for a military installation preservation and
				  enhancement project submitted under
				  R8-3-111:
1. How the proposed project will preserve or
				enhance the military installation;
2. Past actions taken by the jurisdiction to
				preserve the military installation;
3. Whether and how the proposed project
				involves a multi-use opportunity;
4. Whether and how the proposed project will
				mitigate impacts of the military installation on the surrounding
				community;
5. The percentage of the
				total budget for the proposed project to be provided by sources other than
				MIF;
6. Comments from authorized
				personnel of the applicable military installation submitted in response to the
				Department's solicitation issued under
				R8-3-112;
				and
7. If the proposed project
				involves acquisition of private property, extent to which acquisition of the
				private property will prevent or reduce encroachment or other activity that
				could hinder preservation of the military installation or the ability of the
				military installation to accomplish its mission.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-114 - Notice of Hearing and AMAC Recommendation Regarding Applications for Funding for Military Installation Preservation and Enhancement Projects

Current through Register Vol. 30, No. 28, July 12, 2024
A. When AMAC
				completes the evaluation of applications for funding for military installation
				preservation and enhancement projects, AMAC shall ensure that applicants are
				provided written notice of the AMAC meeting at which the applications will be
				considered.
B. AMAC shall ensure
				that the written notice required under subsection (A) is provided at least 14
				days before the AMAC meeting at which the applications will be considered and
				specifies the date, time, and location of the meeting.
C. If AMAC determines that oral testimony
				regarding an application for funding for a military installation preservation
				and enhancement project will assist AMAC to make a recommendation, AMAC shall
				allow oral testimony at the open meeting for review of applications.
D. AMAC shall base its recommendation to the
				Department on AMAC's assessment of:
1. The
				likelihood that the proposed project will preserve and enhance the applicable
				military installation, and
2. The
				military installation preservation and enhancement benefits from the proposed
				project justify the cost to MIF.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-115 - Military Installation Preservation and Enhancement Project Reporting Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the
				purpose of this Section, a "successful applicant" is any jurisdiction awarded
				MIF monies under this Article for a military installation preservation and
				enhancement project.
B. A
				successful applicant shall provide the Department with a written report within
				six months of the Department's decision under
				R8-3-112
				on the regarding progress of the military installation preservation and
				enhancement project, and an accounting of MIF monies received and used, at the
				times specified by the Department in the contract between the Department and
				the successful applicant.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-116 - Department Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. After
				AMAC forwards its recommendations to the Department, the Department shall
				review the recommendations and decide whether to:
1. Accept AMAC's recommendation and award the
				recommended amount to an applicant;
2. Accept AMAC's recommendation but award a
				reduced amount to an applicant; or
3. Reject AMAC's recommendation and deny an
				award to an applicant.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 1 - MILITARY INSTALLATION FUND › Section R8-3-117 - Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
A. The following
				applicants may appeal a decision by the Department:
1. An applicant that is denied MIF
				funding,
2. An applicant that is
				awarded MIF funding for a military installation preservation and enhancement
				project but the amount awarded is less than the amount recommended by AMAC,
				and
3. A property owner that
				disagrees with the fair market value determined for the property.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 2 - EXPIRED › Section R8-3-201 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was adopted under an exemption from the rulemaking provisions of the
				  Arizona Administrative Procedure Act pursuant to A.R.S. §
										41-1001
				  as substantiated by Attorney General Opinion I87-061. Exemption from the
				  Administrative Procedure Act means that the Governor's Regulatory Review
				  Council did not review the rule; the Department did not submit the rule to the
				  Secretary of State's Office for publication in the Arizona Administrative
				  Register; the Department did not hold public hearings on the rulemaking; and
				  the Attorney General has not certified the
				  rule.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 2 - EXPIRED › Section R8-3-202 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was adopted under an exemption from the rulemaking provisions of the
				  Arizona Administrative Procedure Act pursuant to A.R.S. §
										41-1001
				  as substantiated by Attorney General Opinion I87-061. Exemption from the
				  Administrative Procedure Act means that the Governor's Regulatory Review
				  Council did not review the rule; the Department did not submit the rule to the
				  Secretary of State's Office for publication in the Arizona Administrative
				  Register; the Department did not hold public hearings on the rulemaking; and
				  the Attorney General has not certified the
				  rule.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 2 - EXPIRED › Section R8-3-203 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was adopted under an exemption from the rulemaking provisions of the
				  Arizona Administrative Procedure Act pursuant to A.R.S. §
										41-1001
				  as substantiated by Attorney General Opinion I87-061. Exemption from the
				  Administrative Procedure Act means that the Governor's Regulatory Review
				  Council did not review the rule; the Department did not submit the rule to the
				  Secretary of State's Office for publication in the Arizona Administrative
				  Register; the Department did not hold public hearings on the rulemaking; and
				  the Attorney General has not certified the
				  rule.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 2 - EXPIRED › Section R8-3-204 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was adopted under an exemption from the rulemaking provisions of the
				  Arizona Administrative Procedure Act pursuant to A.R.S. §
										41-1001
				  as substantiated by Attorney General Opinion I87-061. Exemption from the
				  Administrative Procedure Act means that the Governor's Regulatory Review
				  Council did not review the rule; the Department did not submit the rule to the
				  Secretary of State's Office for publication in the Arizona Administrative
				  Register; the Department did not hold public hearings on the rulemaking; and
				  the Attorney General has not certified the
				  rule.
Arizona Administrative Code › Title 8 - EMERGENCY AND MILITARY AFFAIRS › Chapter 3 - DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS - DIVISION OF MILITARY AFFAIRS › Article 2 - EXPIRED › Section R8-3-205 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was adopted under an exemption from the rulemaking provisions of the
				  Arizona Administrative Procedure Act pursuant to A.R.S. §
										41-1001
				  as substantiated by Attorney General Opinion I87-061. Exemption from the
				  Administrative Procedure Act means that the Governor's Regulatory Review
				  Council did not review the rule; the Department did not submit the rule to the
				  Secretary of State's Office for publication in the Arizona Administrative
				  Register; the Department did not hold public hearings on the rulemaking; and
				  the Attorney General has not certified the
				  rule.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 1 - DEPARTMENT OF HEALTH SERVICES - ADMINISTRATION › Article 1 - RULES OF PRACTICE AND PROCEDURE › Section R9-1-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the
				  definitions in A.R.S. §§
									41-1001
				  and
				  41-1092,
				  the following definitions apply in this Chapter, unless otherwise
				  specified:
1.
				"Calendar day" means each day, not including the day of the act, event, or
				default from which a designated period of time begins to run, but including the
				last day of the period unless it is a Saturday, Sunday, statewide furlough day,
				or legal holiday, in which case the period runs until the end of the next day
				that is not a Saturday, Sunday, statewide furlough day, or legal
				holiday.
2. "Department" means the
				Arizona Department of Health Services.
3. "Director" means the Director of the
				Arizona Department of Health Services.
4.
				"Recommended decision" means the written ruling made by an administrative law
				judge regarding a contested case or appealable agency action within 20 days
				after a hearing under A.R.S. §
									41-1092.08.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 1 - DEPARTMENT OF HEALTH SERVICES - ADMINISTRATION › Article 1 - RULES OF PRACTICE AND PROCEDURE › Section R9-1-102 - Response to a Recommended Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director may mail a copy of a
				recommended decision to each party.
B. A party has ten calendar days from the
				date the Director mails the recommended decision to submit a response that
				states each reason why the Director should accept, reject, or modify the
				recommended decision with information supporting the reason.
C. The Director may consider a response in
				subsection (B) in determining whether to accept, reject, or modify the
				recommended decision.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 1 - DEPARTMENT OF HEALTH SERVICES - ADMINISTRATION › Article 1 - RULES OF PRACTICE AND PROCEDURE › Section R9-1-103 - Rehearing or Review of a Final Administrative Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party who is aggrieved by a final
				administrative decision may file with the Director, not later than 30 calendar
				days after service of the final administrative decision, a written motion for
				rehearing or review of the final administrative decision specifying the grounds
				for rehearing or review.
B. A party
				filing a motion for rehearing or review under this Section may amend the motion
				at any time before it is ruled upon by the Director.
C. Any other party may file a response to the
				motion for rehearing or review in subsection (A) within 15 calendar days after
				the date the motion for rehearing or review is filed with the
				Director.
D. The Director may
				require that the parties file supplemental memoranda explaining the issues
				raised in a motion or response in subsection (A) or (C) and may permit oral
				argument.
E. The Director may grant a rehearing or review of the
				final administrative decision for any of the following reasons materially
				affecting the requesting party's rights:
1.
				Irregularity in the proceedings of the hearings or an abuse of discretion that
				deprived the party of a fair hearing,
2. Misconduct by the administrative law judge
				or the prevailing party,
3.
				Accident or surprise that could not have been prevented by ordinary
				prudence,
4. Newly discovered
				material evidence that could not with reasonable diligence have been discovered
				and produced at the original hearing,
5. Excessive or insufficient
				penalties,
6. Error in the
				admission or rejection of evidence or other errors of law occurring at the
				hearing, or
7. That the decision is
				not supported by the evidence or is contrary to law.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 1 - DEPARTMENT OF HEALTH SERVICES - ADMINISTRATION › Article 2 - PUBLIC PARTICIPATION IN RULEMAKING › Section R9-1-201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in
				  R9-1-101, the
				  following definitions apply in this Article, unless otherwise specified:
1. "Amendment" means a change to a rule,
				including added or deleted text.
2.
				"Arizona Administrative Code" means the publication described in A.R.S. §
									41-1012.
3. "Citation" means the number that
				identifies a rule.
4.
				"Rulemaking record" means a file maintained by the Department as specified in
				A.R.S. §
									41-1029.
5.
				"Text" means a letter, number, symbol, table, or punctuation in a
				rule.
Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 1 - DEPARTMENT OF HEALTH SERVICES - ADMINISTRATION › Article 2 - PUBLIC PARTICIPATION IN RULEMAKING › Section R9-1-202 - Rulemaking Record

Current through Register Vol. 30, No. 28, July 12, 2024
Except on a state holiday, an individual may review a
				  rulemaking record at the Office of Administrative Counsel and Rules, Monday
				  through Friday, from 8:00 a.m. until 5:00 p.m.