Arizona Administrative Code

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, …

A. If an agency determines a proposed new Section, an amendment to a Section, a repeal of an existing Section, or a renumber of a Section, meets the provisions of A.R.S. § 41-1022 and the Act, the agency shall prepare and file a Notice of Proposed Rulemaking as prescribed in this…

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. Historical No…

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 s…

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. Historical Note Adopted effective January 1, 1995; filed in the Office of the S…

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 c…

A. If an agency determines it meets the requirements of A.R.S. § 41-1022(E) and that a filed and published proposed rule requires substantial change due to either internal review or public comments, the agency shall prepare and file a Notice of Supplemental Proposed Rulemaking as…

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 rulema…

A. If an agency determines it meets the requirements of A.R.S. § 41-1024 and other requirements in the Act an agency shall prepare a Notice of Final Rulemaking as prescribed in this Section. B. A Notice of Final Rulemaking shall contain: 1. On a centered line one inch from the to…

A. If an agency determines a proposed new Section, an amendment to a Section, or a repeal of an existing Section meets the emergency provisions of A.R.S. § 41-1026, the agency shall prepare a Notice of Emergency Rulemaking as prescribed in this Section. B. A Notice of Emergency R…

A. Before a Notice of Proposed Expedited Rulemaking is prepared an agency shall determine whether a rulemaking complies with A.R.S. § 41-1027. 1. If the wording complies with A.R.S. § 41-1027(A)(1), (3), or (5), the agency shall notify the governor, the president of the senate, t…

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 Rulemakin…

A. If an agency determines it meets the requirements in A.R.S. § 41-1027(G) and other requirements in the Act it shall prepare a Notice of Final Expedited Rulemaking as specified in this Section and submit the notice to the Council. B. A Notice of Final Expedited Rulemaking shall…

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…

A. If an agency determines it meets the requirements of A.R.S. §§ 41-1005 and 41-1057, or has been given a statutory exemption, an agency shall prepare a Notice of Exempt Rulemaking as prescribed in this Section. B. A Notice of Exempt Rulemaking shall contain: 1. On a centered li…

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…

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 …

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 stat…

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 leas…

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. Historical Note Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 199…

Historical Note Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Former Section R1-6-106 renumbered to R1-6-110; new Section R1-6-106 adopted by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 …

Historical Note Adopted effective December 16, 1987 (Supp. 87-4). Repealed effective May 25, 1995 (Supp. 95-2). New Section adopted effective April 3, 1996 (Supp. 96-2). Former Section R1-6-107 renumbered to R1-6-111; new Section R1-6-107 adopted by final rulemaking at 6 A.A.R. 8…

Historical Note Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Amended effective April 3, 1996 (Supp. 96-2). Former Section R1-6-108 renumbered to R1-6-112; new Section R1-6-108 renumbered from R1-6-104…

Historical Note Adopted effective December 16, 1987 (Supp. 87-4). Repealed effective May 25, 1995 (Supp. 95-2). New Section R1-6-109 renumbered from R1-6-105 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A…

Historical Note New Section R1-6-110 renumbered from R1-6-106 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-110 renumbered to R1-6-104 b…

Historical Note New Section R1-6-111 renumbered from R1-6-107 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Former R1-6-111 renumbered to R1-6-112; new…

Historical Note New Section R1-6-112 renumbered from R1-6-108 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Former R1-6-112 renumbered to R1-6-111; new…

Historical Note New Section adopted by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp.…

Historical Note New Section made by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Section R1-6-114 renumbered to R1-6-303 by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3).

ARTICLE 2. RULEMAKING PROCEDURES Article 2, consisting of Section R1-6-201, repealed by final rulemaking; new Article 2, consisting of Sections R1-6-201 to R1-6-207 made by final rulemaking effective October 5, 2013 (Supp. 13-3). Article 2, consisting of Section R1-6-201, adopted…

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 …

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. 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 E…

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…

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 m…

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. …

ARTICLE 3. FIVE-YEAR REVIEW REPORTS Article 3, consisting of Sections R1-6-301 and R1-6-302 repealed by final rulemaking; new Article 3, consisting of Sections R1-6-301 to R1-6-305 made by final rulemaking effective October 5, 2013 (Supp. 13-3). Article 3, consisting of Section R…

A. To submit a five-year review report for consideration by the Council, an agency shall submit to the Council office one electronic copy of the cover letter signed by the agency head and the five-year review report required by A.R.S. § 41-1056. The agency shall concisely analyze…

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 wh…

A. An agency may obtain an extension of 120 days to submit a five-year review report by submitting one electronic copy of a notice of extension to the Council office before the due date of the report. The agency shall specify in the notice the reason for the extension. B. An agen…

Historical Note New Section R1-6-304 renumbered from R1-6-115 and amended by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3). Section repealed by final rulemaking at 23 A.A.R. 2265, effective August 9, 2017 (Supp. 17-3).

The Council may vote to return, in whole or in part, a five-year review report after identifying the manner in which the five-year review report does not meet the standards in A.R.S. § 41-1056(A). 1. The Council, in consultation with the agency, shall schedule submission of a rev…

For purposes of this Article, the term “petition or appeal” refers to the following: 1. The A.R.S. § 41-1008(G) Petition for an alternative expiration date for fees established or increased by exempt rulemaking; 2. The A.R.S. § 41-1033(E) Appeal of an agency’s decision on a petit…

A. A person filing a petition or appeal shall submit to the Council one electronic copy of the petition or appeal. The petition or appeal shall contain: 1. The name, mailing address, e-mail address, and telephone number of the person filing the petition or appeal; 2. The name of …

A. Under A.R.S. § 41-1081(F), a person who has filed a written comment with a delegating agency in objection to all or part of a proposed delegation agreement may, within thirty days after the agency gives written notice of its decision pursuant to A.R.S. § 41-1081(E), appeal an …

A. Under A.R.S. § 41-1056.01(D), a person who is or may be affected by an agency’s final decision on a petition filed pursuant to A.R.S. § 41-1056.01(A) may, within thirty days of publication of the decision, file an appeal. B. In addition to the information required by R1-6-402(…

Historical Note New Section made by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). R1-6-501 renumbered to R1-6-701; new Section R1-6-501 renumbered from R1-6-301 and amended by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-…

Historical Note New Section R1-6-502 renumbered from R1-6-302 and amended by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3). Section repealed by final rulemaking at 23 A.A.R. 2265, effective August 9, 2017 (Supp. 17-3). ARTICLE 6. REPEALED

Historical Note New Section R1-6-601 renumbered from R1-6-401 and amended by final rulemaking at 19 A.A.R. 2731, effective October 5, 2013 (Supp. 13-3). Section repealed by final rulemaking at 23 A.A.R. 2265, effective August 9, 2017 (Supp. 17-3). ARTICLE 7. REPEALED

ARTICLE 8. REPEALED Article 8, consisting of Sections R1-6-801 and R1-6-802, repealed by final rulemaking at 23 A.A.R. 2265, effective August 9, 2017 (Supp. 17-3). Article 8, consisting of Sections R1-6-801 and R1-6-802, made by final rulemaking, effective October 5, 2013 (Supp. …