reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 3 - Concluding an Investigation › 23 AAC 10.220 - Consultation following formal investigation in which a finding is critical of a justice agency or person

Current through May 31, 2024
(a) Before presenting an opinion and recommendation in accordance with AS 24.65.160 that is critical of a justice agency or a person as a result of a formal investigation, the victims' advocate will consult with that agency or person as required by AS 24.65.140. An opinion and recommendation that includes a finding by the victims' advocate that a justice agency or person denied a crime victim a right the crime victim is guaranteed under the constitution and laws of this state is a "critical" finding for purposes of this section and AS 24.65.140.
(b) The consultation required by AS 24.65.140 shall consist of providing the justice agency or person a preliminary report containing the victims' advocate's opinion and recommendations. The consultation may also consist of oral conversations between the victims' advocate and the justice agency or person that is the subject of the investigation. In addition to the confidential treatment of the preliminary opinion and recommendation required by AS 24.65.140, conversations about the preliminary opinion and recommendation between the victims' advocate and the justice agency or person are confidential and may not be disclosed to the public by the agency or person.
Authority:
AS 24.65.090
AS 24.65.140
AS 24.65.150
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 3 - Concluding an Investigation › 23 AAC 10.230 - Response to finding or opinion in preliminary report

Current through May 31, 2024
(a) Within 15 days following receipt of the preliminary report transmitted to a justice agency or person under 23 AAC 10.220, the justice agency or person may respond to and request modification of the finding or opinion presented in the victims' advocate's preliminary report. The victims' advocate may extend the period in which the response or request to modify a finding or opinion may be made by the agency or person, but an extension may not exceed a second 15-day period.
(b) A justice agency or person that responds to or requests modification of a preliminary report under (a) of this section shall do so in writing.
(c) A request to modify the victims' advocate's preliminary report must be complete and specific regarding the reasons and arguments in support of the request. It may be further supported by documentary or other evidence considered appropriate by the justice agency or person. Only one request to modify a preliminary report will be considered by the victims' advocate, which must be the first request submitted by the justice agency or person. The victims' advocate may accept or reject, in whole or in part, the reasons, arguments and documentary or other evidence submitted by the justice agency or person in support of a request to modify a preliminary report.
Authority:
AS 24.65.090
AS 24.65.140
AS 24.65.150
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 3 - Concluding an Investigation › 23 AAC 10.240 - Final report

Current through May 31, 2024
(a) Within a reasonable time following receipt and consideration by the victims' advocate of a response or request submitted by a justice agency or person under 23 AAC 10.230 or if a justice agency or person has failed to submit a timely response or request under that section, the victims' advocate will finalize the preliminary report into a final report and provide a copy of it to the justice agency or person who was the subject of the investigation under AS 24.65. In the final report, the victims' advocate will state that the investigation has been concluded.
(b) The victims' advocate's final report may contain references or summaries, including quotations from testimony of witnesses, or from a response submitted under 23 AAC 10.230 or to any reasons, arguments, and documentary or other evidence submitted to the victims' advocate under 23 AAC 10.230 seeking a modification of a finding or opinion in the preliminary report if a request for modification was submitted. The victims' advocate's final report may contain different and additional findings or opinions not contained in the preliminary report. If such different or additional findings and opinions are also critical of the justice agency or person who is the subject of the formal investigation, the victims' advocate shall consult with the justice agency or person as required by AS 24.65.140.
(c) In the final report, the victims' advocate may indicate that the subject matter of the investigation has been "rectified" if the victims' advocate determines that, in response to a finding or recommendation presented to the justice agency or person, the justice agency or person has initiated corrective action or commits in reply to the victims' advocate's final report to take corrective action substantially as recommended by the victims' advocate. If a justice agency or person does not initiate corrective action or does not commit to take corrective action substantially as recommended in the victims' advocate's final report, the victims' advocate may comment upon that fact in the final report.
(d) The justice agency or person receiving the victims' advocate's final report shall provide a reply to the final report as required by 23 AAC 10.250.
Authority:
AS 24.65.090
AS 24.65.140
AS 24.65.150
AS 24.65.160
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 3 - Concluding an Investigation › 23 AAC 10.250 - Response to finding or opinion in final report

Current through May 31, 2024
(a) Except as provided in (b) of this section, when the victims' advocate presents a final report to a justice agency or person under AS 24.65.150(a) and 23 AAC 10.240, the justice agency or person may submit a written reply to the victims' advocate's final report within 10 calendar days after receipt of it regardless of whether any previous response or request has been submitted by the justice agency or person under 23 AAC 10.230 or otherwise. Additionally, the justice agency or person may advise the victims' advocate of its decision whether to
(1) accept and implement or agree to implement one or more recommendations contained in the final report; or
(2) reject the recommendations contained in the final report.
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 10 - Investigations › Article 3 - Concluding an Investigation › 23 AAC 10.260 - Publication of opinions and recommendations

Current through May 31, 2024
(a) Within a reasonable amount of time after the victims' advocate reports the opinion and recommendations to a justice agency or a person, the victims' advocate may present the opinion and recommendations to the governor, the legislature, a grand jury, the public, or any of these. The victims' advocate will include with the opinion and recommendations any reply made by the agency or the person. In the final report, the victims' advocate may indicate that the subject matter of the investigation has been "rectified" if the victims' advocate determines that, in response to a finding or recommendation presented to the justice agency or person, the justice agency or person has initiated corrective action or has committed to take corrective action substantially as recommended by the victims' advocate. If no reply was submitted, the victims' advocate will so state.
(b) The victims' advocate may disclose the final report under (a) of this section only after providing notice under 23 AAC 10.240(a) to the justice agency or person that the investigation has been concluded and after obtaining the written approval of the complainant to release the report as required by AS 24.65.150. Upon request, a copy of the final report shall be provided to the complainant whenever the final report is disclosed under (a) of this section
----------
Authority:
AS 24.65.090
AS 24.65.140
AS 24.65.150
AS 24.65.160
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 20 - Advocacy on Behalf of Victims › Article 1 - Justice Agency Training and Education › 23 AAC 20.010 - Training by victims' advocate

Current through May 31, 2024
(a) The victims' advocate will undertake to conduct continuing professional training for criminal justice agencies throughout the state regarding the rights of crime victims under the constitution and laws of the state and the provisions of AS 24.65.
(b) A justice agency or person shall cooperate and assist the victims' advocate in order to ensure that justice agency personnel receive ongoing training regarding the rights of crime victims under the constitution and laws of the state and the provisions of AS 24.65.
(c) The victims' advocate and the victim's advocate's staff shall receive annual continuing professional training regarding the rights of crime victims, including the rights of crime victims under the constitution and laws of the state and the provisions of AS 24.65.
----------
Authority:
AS 24.65.090
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 20 - Advocacy on Behalf of Victims › Article 2 - Crime Victim Education and Outreach › 23 AAC 20.100 - Contact with victims

Current through May 31, 2024
The victims' advocate and staff of the office of victims' rights may initiate contact with a person whom the victims' advocate has reason to believe may be a crime victim as defined by law for the purpose of informing and explaining the person's crime victims' rights, and to determine if the person has been denied a crime victim right under the constitution and the laws of the state by a justice agency or a person. If the person contacted by the victims' advocate elects to file a complaint against a justice agency or person, the victims' advocate will process the complaint in accordance with AS 24.65 and this title in the same manner as any other complaint filed by another complainant.
----------
Authority:
AS 24.65.090
AS 24.65.100
AS 24.65.110
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 20 - Advocacy on Behalf of Victims › Article 3 - Advocating on Behalf of a Crime Victim in an Ongoing Criminal Case or Juvenile Adjudication › 23 AAC 20.200 - Advocacy regarding criminal investigations and court proceedings

Current through May 31, 2024
(a) Subject to the protections and rights afforded crime victims enumerated in art. I, sec. 24 of the Alaska Constitution, other provisions of the Alaska and federal constitutions, and the laws of the state and the United States, the victims' advocate may not advise, counsel, or advocate on behalf of a victim in a way that would
(1) prevent or discourage a victim from cooperating in a criminal investigation conducted by a justice agency;
(2) encourage a victim to withhold evidence in a criminal investigation conducted by a justice agency; or
(3) prevent or discourage a victim from testifying in a criminal proceeding.
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 20 - Advocacy on Behalf of Victims › Article 3 - Advocating on Behalf of a Crime Victim in an Ongoing Criminal Case or Juvenile Adjudication › 23 AAC 20.210 - Representing and advocating on behalf of a crime victim in an ongoing criminal case or juvenile-adjudication

Current through May 31, 2024
(a) In order to provide effective in-court advocacy for crime victims, and to otherwise protect and advance their statutory and constitutional rights, including their constitutional right to counsel, the victims' advocate may provide legal services and otherwise represent a crime victim in any ongoing legal action, criminal case or juvenile adjudication before any court or administrative or quasi-administrative body whenever, in the judgment of the victims' advocate, there is reason to believe a crime victim may have been denied, is being denied, or may in the future be denied a right under the constitution and the laws of the state, by any person or justice agency. The right to representation includes the bringing of an action on behalf of a crime victim when, in the judgment of the victims' advocate, the action will protect and advance the crime victim's statutory and constitutional victim rights.
(b) Before the victims' advocate represents a crime victim in a case under (a) of this section, the crime victim must submit a signed complaint to the victims' advocate in accordance with 23 AAC 10.010.
(c) When advocating on behalf of a crime victim, the victims' advocate is entitled, upon request, to receive all information and records available to the victims' advocate as provided in AS 24.65.
(d) In AS 24.65.110(c) and this title, "ongoing criminal case or juvenile adjudication" includes an active or closed prosecution, trial, legal action, lawsuit, or juvenile adjudication of any kind, at any stage or proceeding of the trial, legal action, adjudicatory hearing, parole or probation revocation hearing, lawsuit, or juvenile adjudication, including any appeal, in a court in this or another state or of the United States; "ongoing criminal case or juvenile adjudication" includes an open or closed investigation conducted by any justice agency, including matters under investigation by a grand jury, undertaken by any one or more justice agencies of this state, regardless of whether the investigation is considered open or closed by the justice agency and regardless of whether criminal charges are still under consideration, have been filed, or have been declined by a justice agency. In this subsection, "legal action" includes a grievance before the Alaska Bar Association or the bar association or licensing or disciplinary entity of another state or jurisdiction.
(e) Nothing in this section shall be construed to confer upon the victims' advocate third-party status in any ongoing criminal case or juvenile adjudication absent the filing by the victims' advocate of a motion to intervene as a party in accordance with court rule and the granting of the motion by the court.
Authority:
AS 24.65.090
AS 24.65.100
AS 24.65.110
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 20 - Advocacy on Behalf of Victims › Article 3 - Advocating on Behalf of a Crime Victim in an Ongoing Criminal Case or Juvenile Adjudication › 23 AAC 20.220 - Notice of representation in an ongoing criminal case or juvenile adjudication; entry of appearance

Current through May 31, 2024
(a) Whenever the victims' advocate elects to represent a crime victim in any ongoing criminal case or juvenile adjudication as provided for in AS 24.65 and this title, the victims' advocate shall file an entry of appearance and written notice to the parties and the court. The written notice filed must assert that a crime victim has submitted a written complaint with the victims' advocate asserting a denial or prospective denial of the crime victims' rights under the constitution and the laws of the state. The written notice filed may set out the particulars of the complaint and request for relief. The entry of appearance and notice to the parties and the court required under this subsection may be made at any time.
(b) In the discretion of the victims' advocate, the entry of appearance and notice to the parties and the court required under (a) of this section may be made orally on the record.
----------
Authority:
AS 24.65.090
AS 24.65.100
AS 24.65.110
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 30 - Confidential Information › Article 1 - Maintaining Confidentiality › 23 AAC 30.010 - Maintaining confidentiality

Current through May 31, 2024
(a) The victims' advocate will maintain confidentiality with respect to all matters and the identities of the complainants, victims, or witnesses coming before the victims' advocate except as may be necessary, in the judgment of the victims' advocate, to carry out the duties set out in AS 24.65 and support recommendations made under AS 24.65 and this title.
(b) The victims' advocate may not disclose a confidential record obtained from a court or justice agency. A court or justice agency that provides a document to the victims' advocate considered by the court or justice agency to be a confidential record must clearly identify and designate the document as such at the time it is provided to the victims' advocate. In order to be considered for nondisclosure by the victims' advocate, the document must be so identified and designated and must be a confidential record within the meaning of that term as used in AS 24.65 and this title. Unless a federal or state law or regulation specifically prohibits the disclosure of the confidential record in question under any circumstances in the matter then under consideration, the term "confidential record obtained from a court or justice agency" as used in AS 24.65 and this title does not include
(1) a document obtained or obtainable by a member of the public under AS 40.25;
(2) a document obtained or obtainable by a member of the public from other public sources; or
(3) a document that is a matter of public record.
----------
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 30 - Confidential Information › Article 2 - Authorized Disclosure of Confidential Information and Matters › 23 AAC 30.100 - Disclosure of confidential information and records

Current through May 31, 2024
The victims' advocate may not disclose confidential information or a confidential record obtained from a court or justice agency except as provided in AS 24.65 and this title.
Authority:
AS 24.65.090
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 30 - Confidential Information › Article 2 - Authorized Disclosure of Confidential Information and Matters › 23 AAC 30.110 - Disclosure with written consent from victim

Current through May 31, 2024
The victims' advocate may disclose to another confidential information or matters, other than a confidential record obtained from a court or justice agency, relating to a crime victim if the victims' advocate first obtains the written consent of the crime victim unless federal or state law or regulation specifically prohibits disclosure of the confidential information or matter in question notwithstanding the consent of the person about whom the confidential record or information relates.
Authority:
AS 24.65.090
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 30 - Confidential Information › Article 2 - Authorized Disclosure of Confidential Information and Matters › 23 AAC 30.120 - Disclosure as statistical or summary information

Current through May 31, 2024
(a) The victims' advocate may disclose information as authorized by law as part of a statistical report, summary, or compilation if the identity of each person about whom the information relates is not identifiable in the statistical report, summary, or compilation
(b) The information described in (a) of this section may be made available to another by the victims' advocate in order to assist in the management of criminal justice agencies or other state or municipal government agencies or programs, to respond to inquiries about criminal justice agencies or other state or municipal government agencies or programs, and to educate and inform the public about the activities and performance of the office of victims' rights. It may also be used as part of the annual report prepared by the victims' advocate as required by AS 24.65.170.
(c) A statistical report, summary, or compilation prepared and distributed under this section is not a publication for purposes of AS 24.65.160.
Authority:
AS 24.65.090
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 30 - Confidential Information › Article 2 - Authorized Disclosure of Confidential Information and Matters › 23 AAC 30.130 - Disclosure to respond to complaint or inquiry

Current through May 31, 2024
The victims' advocate may disclose information regarding a victim or complainant's case to the Alaska Bar Association, the bar association, or licensing or disciplinary entity of another state or jurisdiction in response to a complaint or inquiry about the victims' advocate or any member of the staff of the office of victims' rights, if the Alaska Bar Association, the bar association, or licensing or disciplinary entity of another state or jurisdiction is required by law to maintain such information confidential.
Authority:
AS 24.65.090
AS 24.65.120
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 30 - Confidential Information › Article 2 - Authorized Disclosure of Confidential Information and Matters › 23 AAC 30.140 - Objections to publication of confidential matters in the victims' advocate's opinion and recommendations to the governor, legislature, or the public under AS 24.65.160

Current through May 31, 2024
(a) The provisions of this section apply to objections by justice agencies to disclosure of confidential matters to be included as part of the victims' advocate's final report containing the victims' advocate's opinion and recommendations to the governor, legislature, or the public published in accordance with AS 24.65.160.
(b) If, within 10 calendar days after a justice agency receives a preliminary opinion or recommendation from the victims' advocate under AS 24.65.140, AS 24.65.150, or this title, which contains confidential matters provided to the victims' advocate by a justice agency that is to be published in the victims' advocate's opinion or recommendation in accordance with AS 24.65.160, the victims' advocate receives written objection from the justice agency stating that it asserts a privacy interest in the confidential matters, and describing with particularity the basis for the objection, the victims' advocate shall proceed in accordance with (c) of this section. If timely objection to publication of the confidential matter has not been filed with the victims' advocate in accordance with this subsection, the objection is deemed waived and the victims' advocate may disclose the confidential matters to the governor, legislature or the public in accordance with AS 24.65.160.
(c) If timely objection to disclosure is filed with the victims' advocate under (b) of this section and if, despite the objection, the victims' advocate finds that disclosure in accordance with AS 24.65.160 of the confidential matter is authorized by AS 24.65.120(c) and is essential to fully inform the governor, legislature, or the public, and to obtain the justice agency's acceptance of a finding and implementation of a recommendation in order to correct an action, decision or omission of the justice agency that was detrimental to the complainant or victim, the victims' advocate will give written notice to the justice agency making objection under (b) of this section that the victims' advocate intends to publish the matter. In the notice, the victims' advocate will
(1) briefly state each reason for the decision to disclose the confidential matter; and
(2) indicate the approximate date on which the victims' advocate expects to make disclosure of the confidential matter, which may not be sooner than 10 calendar days from the date of the notice.
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 30 - Confidential Information › Article 2 - Authorized Disclosure of Confidential Information and Matters › 23 AAC 30.150 - Publication of the victims' advocate's opinion and recommendations to a grand jury

Current through May 31, 2024
(a) Within a reasonable time after the victims' advocate reports the victims' advocate's opinion and recommendations to a justice agency, the victims' advocate may present the opinion and recommendations to a grand jury in accordance with AS 24.65.160 and without prior notice to any justice agency. In accordance with AS 24.65.160, the victims' advocate will present the victims' advocate's opinion and recommendations to the grand jury according to court rules and, at the request of the grand jury, respond to questions about it. In the event the grand jury elects to exercise its independent constitutional and statutory duty to investigate and make recommendations concerning the public welfare or safety in connection with matters brought to the grand jury's attention under AS 24.65.160, the victims' advocate may, at the request of the grand jury, provide information and advice regarding the opinion and recommendations in the report. Nothing in this section shall be construed to prevent the victims' advocate from also presenting the victims' advocate's opinion and recommendations to the governor, the legislature, the public, or any of these in accordance with AS 24.65.160. The provisions of 23 AAC 30.140 are inapplicable to presenting the victims' advocate's opinion and recommendations to a grand jury.
(b) The grand jury to receive the victims' advocate's opinion and recommendations under (a) of this section is the grand jury empanelled by the court in accordance with the Alaska Rules of Criminal Procedure.
----------
Authority:
AS 24.65.090
AS 24.65.120
AS 24.65.140
AS 24.65.150
AS 24.65.160
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 40 - General Provisions › 23 AAC 40.010 - Annual report

Current through May 31, 2024
The victims' advocate will publish the office of victims' rights annual report in accordance with AS 24.65.170 for the preceding fiscal year before the end of the first month of the following fiscal year and shall notify the legislature that the report is available. The report shall also be posted on the office of victims' rights web page.
Authority:
AS 24.65.070
AS 24.65.090
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 40 - General Provisions › 23 AAC 40.020 - Personnel and office management records

Current through May 31, 2024
(a) The provisions of AS 39.25.080 apply to personnel records of the office of victims' rights. Personnel records of the office of the victims' rights that are required to be kept confidential under AS 39.25.080 are not open for examination or inspection by the public, a federal or state agency, or a political subdivision of the state.
(b) The policy and procedures manual of the office of victims' rights governs the internal operation of the office. It is not a public record for purposes of AS 40.25 and falls within the protections of AS 24.65.200.
Authority:
AS 24.65.090
AS 24.65.200
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 40 - General Provisions › 23 AAC 40.030 - Tense, number, and gender

Current through May 31, 2024
As used in this title and in accordance with AS 01.10.050, words in the present tense include the past and future tenses, and words in the future tense include the present tense. Words in the singular number include the plural, and words in the plural number include the singular. Words of any gender may, when the sense so indicates, refer to any other gender.
Authority:
AS 24.65.090
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 40 - General Provisions › 23 AAC 40.040 - Relaxation of regulations

Current through May 31, 2024
The procedural regulations in this title are designed to facilitate the victims' advocate's enforcement of AS 24.65 and advance justice. In the discretion of the victims' advocate, these regulations may be relaxed or dispensed with for good cause by the victims' advocate in any case where it shall be manifest to the victims' advocate that strict adherence to them will work injustice.
Authority:
AS 24.65.090
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 40 - General Provisions › 23 AAC 40.050 - Severability

Current through May 31, 2024
If any provision of these regulations, or the application thereof to any person or circumstance is held invalid, the remainder of these regulations and the application to other persons or circumstances shall not be affected thereby.
Authority:
AS 24.65.090
Alaska Administrative Code › Title 23 - Office of Victims' Rights › Chapter 40 - General Provisions › 23 AAC 40.100 - Definitions

Current through May 31, 2024
In this title,
(1) "confidential" means information that may be nondisclosable to another under a valid federal or Alaska statute or regulation, or by a privilege, exemption, or principle recognized by the courts, or by an agency protective order authorized by law and which, absent a specific prior written waiver by the person who is benefited by the confidentiality, or an exception provided in law or this title, may not be disclosed;
(2) "confidential record obtained from a court or justice agency" as used in AS 24.65 and this title, unless a federal or state law or regulation specifically prohibits the disclosure under any circumstances of the confidential record in question in the matter under consideration, does not include
(A) a document obtained or obtainable by a member of the public under AS 40.25
(B) a document obtained or obtainable by a member of the public from other public sources; or
(C) a document that is a matter of public record;
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-102 - Codification Outline

Current through Register Vol. 30, No. 28, July 12, 2024
A. All rules
				made, amended, renumbered, recodified, or repealed and filed with the Office
				after September 30, 1992, will be published in the Register or the Code, as
				appropriate under:
1. The Act, or
2. Exempt from all or part of the rulemaking
				process as required in:
a. The Act,
				or
b. Arizona Revised Statute,
				or
c. As provided in the
				Constitution of Arizona.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-103 - Filing Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				notice and supporting documents shall be prepared according to the
Administrative Procedure Act, Article 3. Rule Making
and the
				requirements in this Chapter.
B.Typesetting specifications.
1. Page layouts shall be set to use a
				one-inch margin.
2. A font size
				shall be no smaller than 9 point or larger than 12 point.
3. Line spacing shall be set to be at least
				1.5 lines or double-spaced. If applicable, the Economic, Small Business, and
				Consumer Impact Statement may be single-spaced.
4. Page numbers shall be consecutively
				numbered on all pages of the rulemaking package in the footer.
5. Footnotes or endnotes shall not be used on
				a receipt, certificate, preamble or in the text of a rule.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-104 - How to File Documents for Publication

Current through Register Vol. 30, No. 28, July 12, 2024
A. Submission deadlines and a publication
				schedule are printed in the
Register
. Notices filed are
				published under this schedule.
B.Filings are accepted during Office hours.
				Office hours are 8 a.m. to 5 p.m., Monday through Friday, except state
				holidays. The filing mailing address and location are listed under
				R1-1-107.
C. A rulemaking package shall be filed on paper as
				required under
				R1-1-103. The
				paper copy is the official document of record.
D.The notice shall also be filed on an
				electronic medium. This is to ensure accuracy between the filing and the
				printed version in the
Code
and
Register
.
1. Electronic media submissions shall be
				compatible with the Office's computer system and software. Information about
				the types of media accepted is available in the
Arizona Rulemaking
				Manual
.
2. An agency shall
				not save electronic format rules as templates, images or in portable document
				formats.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-105 - Certificates

Current through Register Vol. 30, No. 28, July 12, 2024
A.Agency
				certificates. An agency certificate is evidence that an agency head or agency
				head's designee reviewed and approved a rulemaking package.
B.An agency certificate shall be prepared as
				specified in this Section.
1. An original and
				two copies of the certificates shall be filed with each rulemaking
				package.
2. The certificate shall
				be printed on one side and shall include:
a. The heading "AGENCY
				CERTIFICATE" in capital letters centered on a line at least one inch from the
				top of the page;
b. The type of notice the certificate is being
				attached to in capital letters centered on a line below "AGENCY CERTIFICATE";
				and
c. The following items, consecutively numbered:
i. The
				agency name;
ii. The Chapter heading;
iii. The
Code
citation for the Chapter;
iv. The Subchapters, if
				applicable; the Articles; the Parts, if applicable; and the Sections involved
				in the rulemaking, in numerical order;
v. The attestation, "The rules contained in
				this package are true and correct as
proposed, made
				etc.
"
vi. The agency chief executive officer's or designee's
				signature, in ink, affirming to the attestation, that the material being
				submitted is a true and correct version of the rule. under which shall be the
				printed or typed name of the person signing the form, the person's title, and
				the date signed.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-106 - Receipts

Current through Register Vol. 30, No. 28, July 12, 2024
A. A receipt, time-
				and date-stamped by the Office, is evidence a notice was filed.
B. An agency shall prepare a receipt as
				outlined in this Section and specified under
				R1-1-103.
C.Two receipts shall be filed with
				every notice.
D.The original
				receipt and copy shall be printed on one side and shall include:
1. The heading "AGENCY RECEIPT" in capital
				letters centered on a line at least one inch from the top of the
				page;
2. The type of notice in
				capital letters centered on a line below "AGENCY RECEIPT"; and
3. For rulemaking packages and related
				notices the following items, consecutively numbered:
a. The agency's name; and
b. If applicable, the Title, Chapter,
				Subchapter, Article, Part, and Sections that are contained in the rulemaking
				package and each rulemaking action.
4. For other non-rule related documents:
a. The agency name, and
b. The subject of the notice.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-107 - Where to File

Current through Register Vol. 30, No. 28, July 12, 2024
To file:
1. In
				person at the State Capitol Executive Tower, 1700 West Washington, 7th Floor,
				Phoenix, Arizona; or
2. By
				inter-agency mail, use the address above; or
3. By mail the address is Secretary of State,
				Public Services Division, 1700 West Washington Street, 7th Floor, Phoenix,
				Arizona 85007-2808.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-108 - Editing and Relabeling by the Office

Current through Register Vol. 30, No. 28, July 12, 2024
The Office may edit and relabel the text of rules under
				  A.R.S. §
									41-1011.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-109 - Corrections

Current through Register Vol. 30, No. 28, July 12, 2024
A. Agency
				Substantial Changes to Rules
1. Notice of
				Proposed Rulemaking. An Agency shall make a substantial change to rules in a
				Notice of Proposed Rulemaking by filing a Notice of Supplemental Proposed
				Rulemaking as outlined under
				R1-1-507
				and A.R.S. §
										41-1022(E).
2. Notice of Expedited Rulemaking. An agency
				may correct, under expedited rulemaking, typographical errors, make address or
				name changes or clarify language of a rule without changing its effect under
				A.R.S. §
										41-1027(A)(5)
				 and as outlined under Article 8.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-110 - Effective Date

Current through Register Vol. 30, No. 28, July 12, 2024
A
				  rule becomes effective sixty days after a certified original and two copies of
				  the rule and preamble are filed in the office of the secretary of state.
A.R.S. §
									41-1032.
1. The Council or the Attorney General may
				allow an effective date earlier than 60 days.
2. An agency may specify an effective date
				later than 60 days. The effective date shall be included in the rulemaking
				package.
3. If the Council
				approves an expedited rulemaking, and the agency files it under A.R.S. §
									41-1027(I),
				the expedited rule becomes effective 30 days following publication of the
				Notice of Final Expedited Rulemaking in the
Register
. A.R.S.
				§
									41-1027(J)
4. A Notice of
				Recodification is effective on the date filed .
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-112 - Public Inspection of Documents; Copies

Current through Register Vol. 30, No. 28, July 12, 2024
A. Documents filed with the Office under the
				Act are available for public inspection in the Office during regular office
				hours. Regular office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday,
				except state holidays.
B. A person
				may request, during regular office hours, a copy of a rulemaking document on
				file in the Office. The Office shall charge the per-page statutory copy fee
				specified in A.R.S. §
									41-126(A)(1)
				 for all copy requests.
C. The Office shall make available for review
				incorporated-by-reference material under R1-1-414.
D. A person requesting a certified copy of a
				document filed in the Office shall pay the statutory certification fee plus the
				per-page statutory copy fee specified in A.R.S. §
									41-126(A).
E. The Office shall collect the fees listed
				in
				R1-1-113 for individual
				issues of the Register or rules published in the Code in both print and
				electronic media.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-113 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. The fees for the
				Register, covering publication and distribution costs, are as follows:
1. For a one-year subscription to the
				Register in print format:
a. For noncommercial
				use: $276.
b. For commercial use:
				$5,500.
Arizona Administrative Code › Title 1 - RULES AND THE RULEMAKING PROCESS › Chapter 1 - SECRETARY OF STATE - RULES AND RULEMAKING › Article 1 - GENERAL PROVISIONS › Section R1-1-114 - Complimentary Copies of the Register and the Code

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon request, complimentary paper copies
				of the
Register
and the
Code
shall be
				provided to:
1. Governor: one copy;
2. Legislature:
a. The Senate: six copies;
b. The House of Representatives: six
				copies;
c. The Department of
				Library, Archives, and Public Records: three copies;
3. Attorney General: 15 copies;
4. Supreme Court: one copy;
5. Counties. Each county law library (or one
				major public or university library per county if the county does not have a law
				library): one copy. The County Board of Supervisors shall specify to the Office
				the library to which the subscription is to be sent when there is no county law
				library;
6. Governor's Regulatory
				Review Council: one copy.
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 R1-1-201 - Publication Schedule and Deadlines

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Secretary of State shall publish the
				Register under A.R.S. §
									41-1013. The
				Office shall include the schedule of publication dates and deadlines in each
				issue of the Register and shall make copies of the schedule available in the
				Office. The Office shall publish each document filed and approved for
				publication in the Register according to the published schedule.
B. The Office shall not waive a deadline for
				submission of documents for any agency.
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 R1-1-202 - Register Contents

Current through Register Vol. 30, No. 28, July 12, 2024
Register
contents shall include:
1. Public records listed under A.R.S.
				§§
									41-1013 and
				49-112;
				and
2. Other documents as listed
				under R1-1-103(E).
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 R1-1-205 - Notice of Rulemaking Docket Opening

Current through Register Vol. 30, No. 28, July 12, 2024
A. An agency shall prepare a Notice of
				Rulemaking Docket Opening under A.R.S. §
									41-1021
				and this Section.
B.The Notice of
				Rulemaking Docket Opening shall contain:
1. On
				a centered line one inch from the top of the page, the heading in all capital
				letters, NOTICE OF RULEMAKING DOCKET OPENING;
2. On a centered line under the notice
				heading, in all capital letters, the name of the agency.
3. Under the agency name, the listed items
				consecutively numbered:
a. The Title and its heading;
b. The Chapter and its heading;
c. If applicable, the Subchapter and its
				heading;
d. The Article and its
				heading;
e. If applicable, the Part
				and its heading; and
f. Section or
				Section numbers;
i. An agency shall specify the phrase "Sections to be
				determined." if Section numbers have not yet been assigned to rules.
ii. If
				an agency specifies Sections under subsection (B)(3)(f) and anticipates adding
				Sections as the rulemaking is drafted, the agency shall list the Sections and
				add the phrase "Sections may be added, deleted, or modified as
				necessary."
4. The subject of the
				proposed rule and if applicable, the agency docket number;
5. A
				list of
Register
citations formatted as provided under
				R1-1-409(A) to any notices filed and published relating to the Notice of
				Rulemaking Docket Opening;
6. The agency's contact
				who can answer questions about the rulemaking. This information shall include:
a. Name;
b. Address;
c. Area code and telephone number;
				and
d. If applicable, fax number,
				e-mail and web site addresses.
7. The time-frame the
				agency will accept written comments and if applicable the time and place where
				oral comments may be made; and
8. If known, a
				timetable for agency decisions or other actions.
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 R1-1-206 - Notice of Formal Rulemaking Advisory Committee

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an agency appoints a formal advisory
				committee to comment on a rule under consideration, the agency shall, at the
				time the committee is formed, submit to the Office for publication in the
				Register a Notice of Formal Rulemaking Advisory Committee. The notice shall
				contain the heading NOTICE OF FORMAL RULEMAKING ADVISORY COMMITTEE in all
				capital letters, centered on a line approximately one inch from the top of the
				page and followed by the items listed below in the same numbered order:
1. The name of the agency;
2. The specific rule or subject matter on
				which the committee is to comment, if known;
3. The names of the committee members;
				and
4. The date the committee was
				formed.
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 R1-1-208 - Notice of Proposed Delegation Agreement; Notice of Final Delegation Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency seeking to delegate functions, powers, or duties shall submit to the
				Office a Notice of Proposed Delegation Agreement that contains the heading
				NOTICE OF PROPOSED DELEGATION AGREEMENT in all capital letters, centered on a
				line approximately one inch from the top of the page, followed by the items
				listed below in the same numbered order:
1.
				Name of the agency proposing the delegation agreement;
2. Name of the political subdivision to which
				functions, powers, or duties of the agency are proposed to be
				delegated;
3. Name and address of
				agency personnel to whom persons may direct questions or comments;
4. Summary of the delegation agreement and
				the subjects and issues involved;
5. Statement that a copy of the proposed
				delegation agreement may be obtained from the agency and any pertinent
				information on how a person may obtain the copy; and
6. Schedule of public hearings on the
				proposed delegation agreement.
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 R1-1-209 - Notice of Oral Proceeding, Public Workshop, or Other Meeting

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an agency
				schedules an oral proceeding, public workshop, or other meeting on a proposed
				rulemaking or an oral proceeding on a proposed delegation agreement after the
				Notice of Proposed Rulemaking or Notice of Proposed Delegation Agreement is
				submitted to the Office for publication in the Register, the agency shall send
				to the Office one original and two copies of a notice of oral proceeding,
				public workshop, or other meeting on proposed rules or a notice of oral
				proceeding, public workshop, or other meeting on proposed delegation agreement,
				whichever is appropriate.
B. A
				notice of oral proceeding, public workshop, or other meeting on proposed rules,
				a public meeting on rules after an agency has submitted the notice of docket
				opening for publication but before the Office publishes the rules as proposed
				rules in the Register, a notice of oral proceeding on a proposed delegation
				agreement, or a notice of oral proceeding on a proposed rule, ordinance, or
				other regulation under A.R.S. §
									49-112
				shall be as specified below:
1. For an oral
				proceeding on a proposed rulemaking, the heading NOTICE OF ORAL PROCEEDING ON
				PROPOSED RULEMAKING in all capital letters, centered on a line approximately
				one inch from the top of the page and followed by the items listed below in the
				same numbered order:
a. The name of the
				agency;
b. The Title and its
				heading; the Chapter and its heading; the Subchapter and its heading, if
				applicable; the Article and its heading; and the Part and its heading, if
				applicable;
c. The Sections being
				proposed in numerical order in one column with the specific action being taken
				on each Section in the second column;
d. The Register citations to all notices
				published in the Register concerning the proposed rulemaking;
e. The date, time, and location of the oral
				proceeding; and
f. The name and
				address of agency personnel to whom questions and comments on the proposed
				rules may be addressed.