Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 8 - EXPEDITED RULEMAKING › Section R1-1-803 - Notice of Final Expedited Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A.If the requirements of A.R.S. §
									41-1027 and
				other requirements in the Act are met, an agency shall prepare a Notice of
				Final Expedited Rulemaking as specified in this Section.
B.A Notice of Final Expedited 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
				EXPEDITED 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 shall include the following list consecutively numbered:
a. A list of Articles, Parts, or Sections
				affected and the rulemaking action of each Article, Part, or Section affected
				in two columns as prescribed under 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.
d.
				Citations to all related notices published in the
Register
as
				prescribed under
				R1-1-409(A)
				that pertain to the record of the Notice of Final Summary Expedited 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 address, if applicable.
f. An agency's explanation why the proposed
				expedited rule was made, amended, repealed, or renumbered under A.R.S. §
											41-1027(A)
				 and why expedited proceedings were justified
				under A.R.S. §
											41-1001(15)(c).
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 statement that the agency is exempt from
				the requirements under A.R.S. §
											41-1055(G)
				 to prepare and file an economic, small
				business, and consumer impact statement under A.R.S. §
											41-1055(D)(2).
j. A description of any changes between the
				proposed expedited rulemaking and the final expedited rulemaking.
k. An agency's summary of the public or
				stakeholder comments or objections made about the rulemaking and the agency
				response to the comments. An agency shall,
"adequately respond in
				writing to the comments on the proposed expedited rule making"
under
				A.R.S. §
											41-1027(E).
l. Any other matters prescribed by statute
				applicable to the specific agency or to any specific rule or class of rules.
				Additional matters include but are not limited to:
i. Whether the rule requires a permit,
				license, or agency authorization under A.R.S. §
												41-1037(A),
				and whether a general permit is used and if not, the reasons why a general
				permit is not used;
ii. 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. 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 prescribed under
				R1-1-502(B)(18).