reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 2 - THE ARIZONA ADMINISTRATIVE REGISTER › Section R1-1-210 - Notice of Agency Guidance Document; Notice of Substantive Policy Statement

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency shall prepare and file a Notice of Agency Guidance Document under A.R.S.
				§
									41-1013(B)(14)
				 for publication in the Register. A Notice of
				Agency Guidance Document shall contain:
1. On
				a centered line one inch from the top of the page, the heading in all capital
				letters, NOTICE OF AGENCY GUIDANCE DOCUMENT.
2. On a centered line under the notice
				heading and in all capital letters, the name of the agency.
3. Under the agency name, the items listed
				below in numbered order:
a. Title of the
				guidance document and the guidance document number by which the document is
				referenced.
b. Date of the
				publication of the guidance document and the effective date of the document if
				different from the publication date.
c. Summary of the contents of the guidance
				document.
d. Statement as to
				whether the guidance document is a new document or a revision.
e. The agency contact person who can answer
				questions about the agency guidance document. The 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. Information about where a person may
				obtain a copy of the guidance document and the costs for obtaining the guidance
				document.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 2 - THE ARIZONA ADMINISTRATIVE REGISTER › Section R1-1-211 - Summary of Council Action

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Under A.R.S. §
									41-1013, the
				Council shall prepare a summary of Council action on:
1. A final rule approved under A.R.S. §
										41-1052;
				or
2. An expedited rule approved
				under A.R.S. §
										41-1053.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 2 - THE ARIZONA ADMINISTRATIVE REGISTER › Section R1-1-212 - Agency Ombudsman

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency shall designate an agency ombudsman under A.R.S. §
									41-1006.
				"Ombudsman" as used in this Section means the employee or employees designated
				by the agency to assist members of the public or regulated community.
B. An agency shall prepare and file a Notice
				of Agency Ombudsman with the Office at least annually no later than December 31
				of each year.
C. An agency shall
				file only one notice per ombudsman.
D. The notice shall contain:
1. On a centered line one inch from the top
				of the page, the heading in all capital letters, NOTICE OF AGENCY
				OMBUDSMAN.
2. Under the notice
				heading, in numbered order:
a. The agency's
				name;
b. Under the agency's name,
				list in numbered order the ombudsman's:
i.
				Name;
ii. Title;
iii. Agency division, if
				applicable;
iv. Office address, to
				include the city, state, and zip code; and
v. Area code and telephone number, fax
				number, and e-mail address, if available.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 3 - THE ARIZONA ADMINISTRATIVE CODE › Section R1-1-301 - Development of the Code

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Office may establish new Titles in the Code and rearrange existing Titles and
				Chapters to ensure orderly development of the Code. The Office shall notify
				each agency whose rules are affected by any rearrangement.
B. The first volume of the Code contains a
				Table of Contents for the multi-volume Code, a Table of Titles and Chapter
				Headings, the Administrative Procedure Act, and other material to help the
				public find specific rules. A Table of Contents listing the Chapters,
				Subchapters, Articles, and Parts appearing in a Title appears at the beginning
				of each Title.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 3 - THE ARIZONA ADMINISTRATIVE CODE › Section R1-1-302 - Publication of the Code and Supplements

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
Code
is published as
				specified under A.R.S. §
									41-1012(B).
1. A
Code
publication
				schedule is printed in the
Register
.
2. A free copy of the schedule is available
				upon request.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-401 - Rule Drafting Style and Format

Current through Register Vol. 30, No. 28, July 12, 2024
Rulemaking notices and supporting documents shall be
				  prepared, drafted, and filed in accordance with this Chapter, the APA, and be
				  consistent with the recommendations in the
Arizona Rulemaking
				  Manual
.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-402 - Assignment of Code Divisions; Headings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Office shall arrange and classify the
				subject matter of the Code according to a system of Titles. The Titles are
				divided into Chapters. The heading of a Chapter containing rules of one major
				program or subject specifies both the name of the agency and the program or
				subject. Chapters are divided into Articles. Articles that cover several
				subjects or regulate different groups of people are divided into several Parts.
				Parts and Articles without Parts are divided into Sections. Some Chapters may
				also contain two or more Subchapters. An agency shall request and receive
				approval from the Office for Subchapter and Part divisions before using these
				divisions.
B. All Titles, Chapters,
				Subchapters (if applicable), Articles, Parts (if applicable), and Sections
				shall have a heading that describes the subject of that division of the Code. A
				heading shall not contain the word "Rule" or "Regulation."
C. A heading shall have capital letters for
				the first letter of the first and last words, and the first letter of important
				intermediate words.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-403 - Numbering System

Current through Register Vol. 30, No. 28, July 12, 2024
A. A Section
				number is preceded by the letter "R".
B. A hyphenated numbering system is used in
				the Code.
1. A Section number includes the
				"R", the Title number, the Chapter number, the Subchapter label (if
				applicable), and the Section number indicating the Article number and the Part
				label (if applicable).
2. The one
				or two numbers to the far left indicate the number of the Title in which the
				Section appears.
3. The one or two
				numbers between the two hyphens indicate the Chapter number. If the Chapter has
				been assigned a Subchapter, the Subchapter letter label appears immediately
				after the Chapter number before the hyphen.
4. The numbers to the far right indicate the
				Section number. A Section number has at least three digits. The last two digits
				indicate the Section and the number or numbers to the left of these two digits
				indicate the Article number. If an Article has been assigned a Part, the Part's
				letter label appears immediately after the second hyphen before the Section
				number.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-404 - Renumbering Sections within a Chapter

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an agency renumbers one or more
				Sections at the time the agency amends other existing Sections:
1. The table of contents for the rulemaking
				package shall show the old number of the Section with strike-outs and the new
				number with underlining.
a. If an agency makes
				a new Section at the old number, the agency shall show the old heading with
				strike-outs and the new heading with underlining;
b. If an agency renumbers another existing
				Section to the old Section number, the agency shall show the heading and text
				of the moved Section at the location of its new number and strike-outs through
				the moved Section number and its new number with underlining;
c. If an agency is not making new text or
				moving text to the location of a renumbered Section, the agency shall show the
				old Section heading with strike-outs and the term "Renumbered" with underlining
				next to the old number of the renumbered Section.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-405 - Addition of a New Section between Existing Sections

Current through Register Vol. 30, No. 28, July 12, 2024
An agency shall request, in writing or orally, and receive
				  the Office's permission before inserting a new Section between two existing,
				  consecutively numbered Sections. The agency shall number the new Section using
				  the Section number of the preceding existing Section, followed by a decimal
				  point and a two-digit number. The new Section shall be in numerical order.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-406 - Repeal and Re-use of a Chapter Number

Current through Register Vol. 30, No. 28, July 12, 2024
If an agency repeals or renumbers all Sections in a Chapter,
				  or if all Sections in a Chapter expire, the agency shall not use the Chapter
				  number for one year.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-407 - Authority Notes

Current through Register Vol. 30, No. 28, July 12, 2024
If an agency requests that the specific or general authority
				  for a Chapter, Subchapter, Article, or Part be published in its rules in the
				  Code, the agency shall include an authority note under which the rules in that
				  Chapter, Subchapter, Article, or Part were made. This note appears immediately
				  below the Chapter, Subchapter, Article, or Part heading, as applicable, in the
				  Chapter's table of contents and specifies the statutes that the rules are
				  implementing (the specific authority) and the statutes that authorize the
				  agency to do rulemaking (the general authority). An agency's failure to include
				  a statute or portion of a statute in the authority note does not negate the
				  agency's authority to make the rule.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-408 - Text of the Rules; Subsections

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The divisions of a Chapter (Title, Chapter, Subchapter (if applicable), first
				Article, and first Part (if applicable)) and their labels and headings shall
				appear above the Section number and heading of the first Section in a
				rulemaking package. An agency shall center on each line these divisions and
				their labels and headings.
B. If a
				Section has only one subsection, an agency shall leave that subsection
				unlabeled.
C. If a Section has an
				opening subsection followed by labeled subsections, the Office shall treat the
				opening subsection as an implied subsection (A). An agency shall label and
				indent appropriately the subsections following the opening subsection as
				second-level subsections.
D. If a
				Section has two or more subsections at any level, an agency shall label the
				subsections separately. An agency shall label subsections as indicated below.
1. First-level subsections are designated by
				a capital letter (A., B., C., and so on).
2. Second-level subsections are designated by
				an Arabic numeral (1., 2., 3., and so on).
3. Third-level subsections are designated by
				a lower case letter (a., b., c., and so on).
4. Fourth-level subsections are designated by
				a lower case Roman numeral (i., ii., iii., and so on).
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-409 - Citations to the Code, Register, Statutes, and Federal Laws and Regulations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Citations to the
				Register shall include the volume and page number, the abbreviation "A.A.R.",
				and the issue date. For example, 7 A.A.R. 1325, March 23, 2001.
B. Citations to the Code shall include the
				Title, Chapter, Subchapter, Article, Part, and Section, as applicable, and the
				short form "A.A.C." For example, 17 A.A.C. 4 and A.A.C. R17-4-301.
C. Citations to state laws:
1. A citation to a law contained in a
				published edition of the Arizona Revised Statutes shall include the
				abbreviation "A.R.S." and either the specific Section number or the Title
				number, Chapter number, and Article number in that order. For example, A.R.S.
				Title 41, Chapter 6, Article 5.
2.
				A citation to a law that has not yet been published in the Arizona Revised
				Statutes shall include the following:
a. If
				the reference is to a new Section of the statutes and the codified Section
				number is known, the citation shall include the Section number followed by the
				phrase "as added by Laws" and the year the law was passed along with the
				Chapter number as assigned by the Office and the specific Section of the new
				law. For example, A.R.S. §
											41-1008
				as added by Laws 1998, Ch. 57, § 22.
b. If the reference is to an amendment of an
				existing Section of the Arizona Revised Statutes, the citation shall include
				the Section number followed by the phrase "as amended by Laws" and the year the
				law was passed along with the Chapter number as assigned by the Office and the
				specific Section of the new law that amended this Section of an existing law.
				For example, A.R.S. §
											41-1021
				as amended by Laws 1998, Ch. 57, § 27.
c. Citations to new laws that do not indicate
				a statutory citation shall include the word "Laws" and the year the law was
				enacted by the legislature and the Section number within that law. For example,
				Laws 1998, Ch. 196, § 4.
3. When an agency uses a statutory citation
				and also refers to that law by a commonly used heading, the agency shall
				enclose the commonly used heading within parentheses.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-411 - Automatic Repeal of Rules

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency may provide for the automatic repeal of a Section, in the Section being
				automatically repealed, by including the day, month, and year of the automatic
				repeal. This automatic repeal shall be used to repeal only an entire Section.
				The information specifying the automatic repeal date shall appear in a
				first-level subsection by itself at the end of the Section.
B. An agency shall notify the Office, orally
				or by letter, when the automatic repeal date has passed so the Office can
				remove the rule from the Code. Chapters from which automatically repealed rules
				are removed shall appear in the next quarterly supplement to the Code.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-412 - Supplementary Material

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency including tabular materials, illustrations, diagrams, figures, and other
				supplementary material in rules shall label them as Appendices, Exhibits,
				Illustrations, or Tables. An agency shall use supplementary material to make a
				rule understandable by persons affected by the rule. An agency shall consider
				all supplementary material included in rules as part of the rules and shall
				refer to the supplementary material within the text of one or more Sections. An
				agency shall list Appendices, Exhibits, Tables, and Illustrations in the table
				of contents for the Chapter.
B. An
				agency shall label all Appendices, Exhibits, Illustrations, and Tables with
				either capital letters or Arabic numbers using a consistent labeling scheme.
				The specific term the agency uses (Appendix, Exhibit, Illustration, or Table)
				and its label shall appear in the text along with a heading in the same format
				that a Section number and heading appear at the beginning of a
				Section.
C. Supplementary material
				appearing within the text of a Section shall not appear in the table of
				contents. When referencing supplementary material appearing within the text of
				a Section, an agency shall use the appropriate subsection label.
D. An agency shall submit only camera-ready
				supplementary material to the Office for publication or filing. Camera-ready
				means that the material must be clear and legible when the text is reproduced
				at 9-point size or the illustration is reproduced to fit within the one-inch
				margin requirements of an 8 1/2 inch by 11 inch sheet of paper.
E. An agency shall create tabular material in
				a rulemaking package using a spreadsheet program or the table function of a
				word processing program. This subsection does not apply to an Economic, Small
				Business, and Consumer Impact Statement and material incorporated by reference.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-413 - Statutory Language; Italics

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Rules may contain statutory language that repeats verbatim existing statutory
				authority granted to the agency.
B.
				If an agency repeats statutory language within the text of a rule, the
				statutory language shall appear in italics, and the statutory citation shall
				appear after the statutory language.
C. Rules may contain the following language
				in italics:
1. Titles of books, periodicals,
				and reports;
2. Scientific names;
				and
3. Court cases (for example,
				Marbury v. Madison).
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-414 - Materials Incorporated by Reference; Eligibility and Citations

Current through Register Vol. 30, No. 28, July 12, 2024
A.An agency may
				incorporate by reference materials as specified under A.R.S. §
									41-1028.
B. If an agency determines the materials meet
				the standards to incorporate them by reference under A.R.S. §
									41-1028,
				it shall cite the name of the incorporated by reference materials in
				rule.
C. Citations to materials
				incorporated by reference shall include:
1.
				The name of the materials incorporated by reference;
2. The name and address of the agency,
				organization, or association that developed the material;
3. The publisher's name and address, if the
				material was not printed by the agency, organization, or association listed
				under subsection (C)(2);
4. If
				available, the publication:
a. Copyright date,
				or
b. Release date, or
c. Revision date;
5. If available, the International Standard
				Book Number (ISBN); and
6. An
				address or a web site address where the material is available or may be
				purchased.
7. A statement shall be
				included with the citation specifying that the rule does not include any later
				amendments or editions of the materials incorporated by reference.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 4 - RULE DRAFTING › Section R1-1-415 - Rulemaking Actions for an Article, Part, Section, Table, Appendix or Exhibit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency shall list rulemaking actions in the preamble of a rulemaking package as
				specified in R1-1-502(B)(5) and as required in R1-1-103.
B. Article or Part Headings Actions:
1. An agency that strikes text in an Article
				or Part heading in its entirety, with active Sections remaining under the
				Article or Part, shall list the rulemaking action to an Article or Part as
				"Amend."
2. An agency that strikes
				text in an Article or Part heading in its entirety, without active Sections
				remaining under the Article or Part, shall list the rulemaking action to an
				Article or Part as "Repeal."
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 5 - PROPOSED RULEMAKING › Section R1-1-501 - Assignment of Chapters

Current through Register Vol. 30, No. 28, July 12, 2024
An agency preparing to make rules for the first time shall
				  contact the Office, orally or by letter, for assignment of a Title and Chapter
				  number within the codification system. An agency that already has at least one
				  Chapter on file shall contact the Office, orally or by letter, when the agency
				  needs a new Chapter assignment.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 5 - PROPOSED RULEMAKING › Section R1-1-503 - Public Comment Period

Current through Register Vol. 30, No. 28, July 12, 2024
The public comment period for a proposed rule begins on the
				  day the rule is published in the Register. An agency shall allow a minimum of
				  30 days for public comment after publication. After the end of the public
				  comment period, an agency may hold an oral proceeding.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 5 - PROPOSED RULEMAKING › Section R1-1-504 - Oral Proceedings on Proposed Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. An agency may refer to the publication
				schedule of the Register when scheduling an oral proceeding. An agency shall
				hold an oral proceeding no earlier than 30 days after the Office publishes the
				notice of proposed rulemaking in the Register under A.R.S. §
									41-1023.
				The Office shall include oral proceedings shown in the notice of proposed
				rulemaking Preamble in the proposed rules portion of the Register. The Office
				shall list in a different section of the Register oral proceedings on
				rulemaking packages not scheduled by the agency until after the agency has
				submitted the proposed rulemaking package to the Office as specified in
				R1-1-209(B)(1).
B. If an agency
				submits a proposed rulemaking package to the Office and indicates in the
				Preamble that an oral proceeding is scheduled to take place before 30 days
				after the anticipated publication date in the Register, the Office shall return
				the package to the agency.
C. If an
				oral proceeding is not scheduled and an agency receives a written request for
				an oral proceeding from one or more persons, the agency shall file a notice of
				oral proceeding on proposed rules with the Office in accordance with the
				Register publication schedule, scheduling the oral proceeding to be held no
				earlier than 30 days after the notice of oral proceeding is published in the
				Register, under A.R.S. §
									41-1023.
				The agency shall file with the Office one original and two copies of the Notice
				of Oral Proceeding on Proposed Rulemaking. This notice shall be as stated in
				R1-1-209(B)(1).
D. If an oral
				proceeding begins and the proceeding officer publicly announces a time and
				place for a continuation of the oral proceeding, the agency is not required to
				submit a notice of oral proceeding to the Office for publication in the
				Register.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 5 - PROPOSED RULEMAKING › Section R1-1-505 - Close of the Record

Current through Register Vol. 30, No. 28, July 12, 2024
The close of the record for a proposed rule occurs on the
				  date the agency chooses as the last date it will accept public comments. An
				  agency shall not complete a rulemaking until the record is closed.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 5 - PROPOSED RULEMAKING › Section R1-1-506 - Notice of Termination of Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. To terminate a proposed rulemaking at any
				stage of the rulemaking process before the final rules are filed with the
				Office, an agency shall file with the Office one original and two copies of a
				Notice of Termination of Rulemaking. The agency shall attach the original and
				two copies of the Notice of Termination of Rulemaking to a copy of the original
				Notice of Proposed Rulemaking if the agency has filed a Notice of Proposed
				Rulemaking with the Office.
B. The
				Notice of Termination of Rulemaking shall contain the heading NOTICE OF
				TERMINATION OF RULEMAKING in all capital letters, centered on the line
				approximately one inch from the top of the page; followed by the Title, its
				number, and heading, centered on a line below the notice heading; followed by
				the Chapter, its number and heading, centered on a line below the Title;
				followed by the items listed below in the same numbered order:
1. The Register citation and the date of the
				Notice of Rulemaking Docket Opening;
2. The Register citation and the date of the
				Notice of Proposed Rulemaking; and
3. The Section numbers (and Article and Part
				numbers or labels) in numerical order in one column and the action that had
				been proposed in the second column.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 6 - FINAL RULEMAKING › Section R1-1-601 - Preparation and Filing of a Final Rulemaking Package

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an agency's rules are subject to review
				by the Council, the agency shall submit its final rulemaking package to the
				Council within 120 days after the close of record. After the Council approves
				the final rulemaking package, the Council shall submit the agency's final
				rulemaking package to the Office for filing and publication. The final
				rulemaking package shall be as specified in R1-1-602.
B. If an agency's rules are exempt from the
				rulemaking process under A.R.S. §
									41-1005
				or another state statute, the agency shall follow the procedures in Article 9
				and submit its final rulemaking package to the Office within 120 days after the
				close of record.
C. If an agency's
				rules are subject to review by the Attorney General, the agency shall submit
				its final rulemaking package to the Attorney General for approval within 120
				days after the close of record. After approval, the Attorney General shall
				submit the final rule package to the Office for filing and publication.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 8 - EXPEDITED RULEMAKING › Section R1-1-801 - Notice of Proposed Expedited Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before a Notice of Proposed Expedited
				Rulemaking is filed an agency shall request to proceed under A.R.S. §
									41-1027.
1. If the rulemaking complies with A.R.S.
				§
										41-1027(A)(1),
				(3), or (5), the agency shall
notify
				the governor, the president of the senate, the speaker of the house of
				representatives and the council of the proposed expedited rule making
as specified under A.R.S. §
										41-1027(B).
				Notification shall include:
a. Agency staff
				contact information. 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.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 8 - EXPEDITED RULEMAKING › Section R1-1-802 - Notice of Objection to a Proposed Expedited Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A.If the agency received an objection or
				objections to a Proposed Expedited Rulemaking, a Notice of Objection to a
				Proposed Expedited Rulemaking shall be filed in the Office for publication
				under A.R.S. §
									41-1013(B)(12).
B.A Notice of Objection to a Proposed
				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 OBJECTION TO A PROPOSED 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. A citation to the Proposed Expedited
				Rulemaking that was published in the
Register
.
6. The number of objections
				received.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 9 - EXEMPT RULEMAKING › Section R1-1-901 - Exempt Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency shall not file with the Office an exempt rule made by the agency before
				September 30, 1992.
B. The Office
				shall publish in the Code any exempt rule made after September 30, 1992 if the
				agency involved submits the rulemaking package to the Office. An exempt rule
				shall be submitted following the procedures in Article 6 of this Chapter,
				except that an agency shall use the notice specified in R1-1-902.
C. The Office shall identify in the Code a
				Chapter containing rules that are exempt from the Act and made after September
				30, 1992, by a statement specifying the exemption at the beginning of the
				Chapter and before a Section or Article made under an exemption and by
				specifying the exemption in the Section's historical note.
D. If a statute or session law authorizes an
				agency to publish in the Register a type of rulemaking not specified in this
				Chapter, the agency shall contact the Office orally or by letter, specifying
				the exact statutory citation.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 10 - RECODIFICATION › Section R1-1-1001 - Notice of Recodification

Current through Register Vol. 30, No. 28, July 12, 2024
A.An
				agency may renumber one or more Sections from one Chapter to another Chapter,
				or within a Chapter under
				R1-1-404(B)(1).
				An agency that renumbers a rule under this Section shall make no other changes
				to the rule except corrections to Section references within the text of the
				Sections or headings.
B.A Notice of
				Recodification shall contain:
1. On a
				centered line, one inch from the top of the page, the heading in all capital
				letters NOTICE OF RECODIFICA-TION;
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
, Sub-chapter label and heading;
5. Under the Chapter number and heading or,
				if applicable the Subchapter label and heading, the following list
				consecutively numbered:
a. The Subchapters (if applicable), Articles, Parts
				(if applicable), and Sections along with their respective headings:
i. Being recodified ; and
ii. As
				recodified
b. A conversion table between the two numbering
				schemes; and
c. The name and address of agency personnel with whom
				persons may communicate regarding the recodification.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 1 - GENERAL RULES OF PROCEDURE › Section R1-6-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. The definitions
				in A.R.S. §
									41-1001
				apply to this Chapter.
B. In this
				Chapter:
1. "Agency head" means the chief
				officer of an agency or another person directly or indirectly purporting to act
				on behalf or under the authority of the agency head.
2. "Chair" means the chairperson of the
				Council or the chairperson's designee.
3. "Electronic copy" means a document
				submitted or filed by e-mail or other electronic means.
4. "Expedited rule" means a rule made
				according to the procedures in A.R.S. §§
										41-1027 and
				41-1053.
5. "Five-year Review Report" means a report
				submitted to the Council according to the procedures in A.R.S. §
										41-1056 or
				41-1095.
6. "Open Meeting Law" means A.R.S. Title 38,
				Chapter 3, Article 3.1.
7. "Public
				Comment" means a written comment or criticism submitted to an agency that
				relates in whole or in part to a proposed rule or an existing rule, or a
				comment made at an oral proceeding held in accordance with A.R.S. §
										41-1023.
8. "Regular rule" means a rule made according
				to the procedures in A.R.S. §§
										41-1021
				through 41-1024 and 41-1052.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 1 - GENERAL RULES OF PROCEDURE › Section R1-6-102 - Meetings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Chair, in
				consultation with the Council, shall set monthly meeting dates of the Council
				and a schedule containing submission deadlines based on those meeting dates for
				each calendar year by the preceding September 15 and shall post notice of each
				monthly meeting according to the Open Meeting Law.
B. The Chair or Council may schedule a
				special meeting to consider any matter it may consider at a regularly scheduled
				monthly meeting. The Council shall post notice of a special meeting according
				to the Open Meeting Law at least 24 hours before the special meeting.
C. The Council may recess a regularly
				scheduled monthly or special meeting to a later date if, before recessing, the
				Chair gives notice of the date and time of the resumption of the meeting and
				posts a notice of resumption of the meeting according to the Open Meeting
				Law.
D. The Chair may temporarily
				adjourn or recess a regularly scheduled monthly or special meeting on the
				meeting day in an effort to ensure that a quorum of the Council is
				present.
E. For the purpose of
				responding to questions from the Council, a representative of an agency shall
				appear at a Council meeting at which the agency has been notified that its rule
				or five-year review report is on the agenda for consideration.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 1 - GENERAL RULES OF PROCEDURE › Section R1-6-103 - Submitting a Petition for Council Rulemaking or Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may petition the Council under
				A.R.S. §
									41-1033(A)
				 for a:
1.
				Rulemaking action relating to a rule promulgated by the Council, including
				making a new rule or amending or repealing an existing rule; or
2. Review of an existing Council practice or
				substantive policy statement alleged to constitute a rule.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 1 - GENERAL RULES OF PROCEDURE › Section R1-6-104 - A.R.S. Section 41-1008(E) Extension Requests

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S. §
									41-1008(E),
				an agency may file a written request for an extension of the two-year period
				during which a fee established or increased by exempt rulemaking is
				effective.
B. The agency shall file
				a request, in the form of a letter signed by the agency head, at least 40 days
				before expiration of the two-year period so that the request may be considered
				at a regularly scheduled Council meeting. The agency representative filing a
				request shall submit to the Council office one electronic copy of the request.
				The request shall contain:
1. The name,
				mailing address, e-mail address, and telephone number of the agency and the
				agency representative filing the request;
2. The statutory authority under which the
				request is allowed;
3. The length
				of the extension sought;
4. The
				reasons why the two-year period should be extended; and
5. Other supporting information, such as
				statistical data or a description of persons likely to be adversely affected if
				the request is denied, if applicable.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 1 - GENERAL RULES OF PROCEDURE › Section R1-6-105 - Public Comments

Current through Register Vol. 30, No. 28, July 12, 2024
Within 10 business days of receipt, an agency shall submit to
				  the Council office one electronic copy of any written public comment received
				  by the agency.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 2 - RULEMAKING PROCEDURES › Section R1-6-201 - Submitting a Regular Rule

Current through Register Vol. 30, No. 28, July 12, 2024
A. To
				submit a regular rule for consideration by the Council, an agency shall submit
				to the Council office one electronic copy of each rulemaking document that
				follows, prepared in the manner required by this subsection and the rules of
				the Office of the Secretary of State:
1. A
				request for approval, in the form of a cover letter signed by the agency head.
				The cover letter shall specify:
a. The close
				of record date;
b. Whether the
				rulemaking activity relates to a five-year review report and, if applicable,
				the date the report was approved by the Council;
c. Whether the rule establishes a new fee
				and, if it does, citation of the statute expressly authorizing the new
				fee;
d. Whether the rule contains a
				fee increase;
e. Whether an
				immediate effective date is requested for the rule under A.R.S. §
											41-1032;
f. A certification that the preamble
				discloses a reference to any study relevant to the rule that the agency
				reviewed and either did or did not rely on in the agency's evaluation of or
				justification for the rule;
g. If
				one or more full-time employees are necessary to implement and enforce the
				rule, a certification that the preparer of the economic, small business, and
				consumer impact statement has notified the Joint Legislative Budget Committee
				of the number of new full-time employees necessary to implement and enforce the
				rule; and
h. A list of all
				documents enclosed.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 2 - RULEMAKING PROCEDURES › Section R1-6-202 - Submitting an Expedited Rule

Current through Register Vol. 30, No. 28, July 12, 2024
A. To
				submit an expedited rule for consideration by the Council, an agency shall
				submit to the Council office one electronic copy of each rulemaking document
				that follows, prepared in the manner required by this subsection and the rules
				of the Office of the Secretary of State:
1. A
				request for approval, in the form of a cover letter signed by the agency head.
				The cover letter shall specify:
a. The close
				of record date;
b. An explanation
				of how the expedited rule meets the criteria in A.R.S. §
											41-1027(A);
c. Whether the rulemaking activity relates to
				a five-year review report and, if applicable, the date the report was approved
				by the Council;
d. A certification
				that the preamble discloses a reference to any study relevant to the rule that
				the agency reviewed and either did or did not rely on in the agency's
				evaluation of or justification for the rule; and
e. A list of all documents
				enclosed.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 2 - RULEMAKING PROCEDURES › Section R1-6-203 - Delivering a Notice of Proposed Expedited Rulemaking

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S. §
									41-1027(B),
				before filing a Notice of Proposed Expedited Rulemaking with the Office of the
				Secretary of State, an agency is required to submit an electronic copy of the
				Notice of Proposed Expedited Rulemaking to the Council.
B. Upon filing a Notice of Proposed Expedited
				Rulemaking with the Office of the Secretary of State, the agency shall:
1. Post the Notice of Proposed Expedited
				Rulemaking on its website as soon as practicable; and
2. Notify Council staff of the filing as soon
				as practicable. Upon receipt of this notice, Council staff shall post the
				Notice of Proposed Expedited Rulemaking on the Council's website as soon as
				practicable.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 2 - RULEMAKING PROCEDURES › Section R1-6-204 - Submitting an Approved Regular or Expedited Rule with Changes

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a final
				regular or expedited rule is approved by the Council with changes, an agency
				shall submit to the Council office within 14 calendar days after Council
				approval, unless a later date is arranged under subsection (B), one electronic
				copy of each rulemaking document that follows, prepared in the manner required
				by this Chapter and the rules of the Office of the Secretary of State:
1. A letter identifying each change made at
				the direction of the Council; and
2. The following rulemaking documents:
a. A notice of Final Rulemaking or Notice of
				Final Expedited Rulemaking, as applicable; and
b. An economic, small business, and consumer
				impact statement, if applicable.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 2 - RULEMAKING PROCEDURES › Section R1-6-205 - Filing a Regular or Expedited Rule Approved by the Council

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Council
				approves a final regular or expedited rule as submitted, an agency shall file
				the final regular or expedited rule according to the rules of the Office of the
				Secretary of State.
B. If the
				Council approves a final regular or expedited rule subject to the agency making
				changes as directed by the Council, and the agency submits the rulemaking
				documents required by R1-6-204:
1. Council
				staff shall verify whether each change required by the Council was
				made.
2. Once Council staff
				notifies the agency that the verification process is complete, the agency shall
				file the final regular or expedited rule according to the rules of the Office
				of the Secretary of State.
3. If an
				agency submits a revised preamble; table of contents; rule; or economic, small
				business, and consumer impact statement that does not contain the exact words
				approved by the Council, Council staff shall notify the agency and require that
				the items be submitted as approved or schedule the matter for reconsideration
				by the Council.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 2 - RULEMAKING PROCEDURES › Section R1-6-206 - Returned Rules

Current through Register Vol. 30, No. 28, July 12, 2024
The Council may vote to return a preamble; table of contents;
				  rule; or economic, small business, and consumer impact statement under A.R.S.
				  §
									41-1052(C),
				  after identifying the manner in which the returned portion does not meet the
				  standards at A.R.S. §
									41-1052(D)
				  through (G).
1. The Council may schedule a date for
				resubmission in consultation with the agency representative.
2. An agency shall resubmit the notice, with
				a revised preamble; table of contents; rule; or economic, small business, and
				consumer impact statement to the Council, and attach to each resubmitted
				document a letter that:
a. Identifies all
				changes made in response to the Council's explanation for the returned
				portion,
b. Explains how the
				changes ensure that the document meets the standards at A.R.S. §
										41-1052(D)
				through (G), and
c. If applicable, shows that the resubmitted
				rule is not substantially different from the proposed rule under the standards
				in A.R.S. §
										41-1025.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 6 - GOVERNOR'S REGULATORY REVIEW COUNCIL › Article 3 - FIVE-YEAR REVIEW REPORTS › Section R1-6-302 - Rescheduling a Five-year Review Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. To request that a five-year review report
				be rescheduled under A.R.S. §
									41-1056(H),
				an agency head shall submit one electronic copy of a letter to the Chair before
				the report is due that includes the following information:
1. The Title, Chapter, and Article of the
				rules for which rescheduling is sought;
2. Whether the rules were initially made or
				substantially revised with an effective date or date of Council approval that
				is within two years before the due date of the report; and
a. If substantially revised:
i. A description of the revisions,
ii. Why the revisions are believed to be
				substantial,
iii. The date of
				Council approval of the rules, if applicable, and
iv. The date on which the rules were
				published in the
Register
by the Office of the Secretary of
				State and the effective date of the rules; or
b. If initially made:
i. The date of Council approval of the rules,
				if applicable, and
ii. The date on
				which the rules were published in the
Register
by the Office
				of the Secretary of State and the effective date of the rules.