Title 41 — State Government

A. There shall be a state hospital for miners with disabilities as a separate facility for the benefit of miners with disabilities at the Arizona pioneers' home at Prescott which shall be managed by the governor. B. The superintendent of the Arizona pioneers' home shall serve as …

A. A person, under the order of the governor, shall be admitted to the hospital for miners with disabilities who: 1. Has been a resident while in the occupation of mining in this state. 2. Is a citizen or legal resident of the United States. 3. Has reached the age of sixty years …

A. Every person who for a period of not less than six months was a member of and received an honorable discharge from the organization known as the Arizona Rangers, created by chapter 2 of title 46, Revised Statutes of Arizona, 1901, and amended by chapter 64 of the twenty-second…

Any person desiring to avail himself of the provisions of this article shall make application to the governor, under oath, in such form as the governor prescribes for such pension, and shall submit proof of his eligibility therefor.

If the governor is satisfied from the proof furnished that the applicant is entitled to a pension, he shall issue to the applicant a pension certificate to that effect in a form to be approved by the attorney general and by the department of administration, setting forth the name…

The department of administration shall keep a rangers' pension roll on which shall be entered the names of all pensioners certified by the governor, the date of allowance of each pension, and all payments made thereunder. The department of administration shall draw a warrant each…

A. A pension allowed under this article shall not be subject to garnishment, attachment, judgment, execution or other legal process. B. A person to whom a pension is allowed shall not assign the pension, nor shall any officer or board upon which a duty is imposed with respect to …

A. The surviving spouse of an Arizona ranger upon the death of the ranger and submission to the governor of an affidavit that the spouse was married to the ranger on or before July 1, 1945, and has been the spouse of the ranger continuously until the date of the ranger's death, i…

A. An Arizona commission on the arts is established consisting of fifteen members appointed by the governor. Members shall be qualified primarily for their demonstrated ability, good judgment and wide experience in fields related to the arts and shall be selected so as to insure …

A. The commission may: 1. With the consent of a majority of the commission, employ, subject to chapter 4, article 4 of this title, such personnel as may be required within the limits of funds available in the arts fund. The compensation for such personnel shall be as determined p…

A. The Arizona commission on the arts may accept and expend public and private grants of funds, gifts, contributions and legacies, and may accept, manage or dispose of property, to effectuate the purposes of this article. Such funds shall be deposited, pursuant to sections 35-146…

A. There is established the Arizona arts trust fund. The trust fund shall be administered by the Arizona commission on the arts and shall consist of revenues derived from filing fees collected pursuant to section 10-122. The commission shall deposit, pursuant to sections 35-146 a…

A. There is established an Arizona arts program to be administered by the Arizona commission on the arts. The purpose of the program shall be to advance and to foster the arts in Arizona through grants from the Arizona arts trust fund. B. The commission shall establish rules for …

The Arizona commission on the arts shall prepare and submit an annual report to the governor and the legislature including a detailed accounting of the expenditures and grants from the arts fund and the Arizona arts trust fund no later than December 31 of each year.

A. The Arizona arts endowment fund is established consisting of monies appropriated annually to the fund. B. The Arizona commission on the arts shall administer the fund. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by …

A. The office of state poet laureate is established under the Arizona commission on the arts. B. The governor, based on a ranked list of three nominees provided by the state poet laureate nomination committee, shall appoint one person to serve as the state poet laureate. The gove…

The state poet laureate fund is established consisting of gifts, grants and donations. The commission shall administer the fund. Monies in the fund are continuously appropriated. The commission shall pay the costs and expenses of the state poet laureate established by section 41-…

In this chapter, unless the context otherwise requires: 1. "Agency" means any board, commission, department, officer or other administrative unit of this state, including the agency head and one or more members of the agency head or agency employees or other persons directly or i…

A. To ensure fair and open regulation by state agencies, a person: 1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against an agency in a court proceeding regarding an agency decision as provided in section 12-348. …

A. Before submitting an application for a license a person may request from the agency issuing the license a clarification of its interpretation or application of a statute, rule, delegation agreement or substantive policy statement affecting the person's preparation of the appli…

B. This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes. To the extent that any other statute would diminish a right created or duty imposed by this chapter, the other statute is supers…

A. An agency may not limit enrollment in any school or educational program of an institution of higher education. B. For the purposes of this section, "agency" has the same meaning prescribed in section 41-1001 but does not include the Arizona board of regents or any community co…

Each agency shall make rules of practice setting forth the nature and requirements of all formal procedures available to the public.

Except to the extent precluded by another provision of law, a person may waive any right conferred on that person by this chapter.

A. This chapter does not apply to any: 1. Rule that relates to the use of public works, including streets and highways, under the jurisdiction of an agency if the effect of the order is indicated to the public by means of signs or signals. 2. Order or rule of the Arizona game and…

A. Each state agency shall publish annually in the register, in the state directory and in a telephone directory for Maricopa county the name or names of those employees who are designated by the agency to assist members of the public or regulated community in seeking information…

A. Except as provided in section 32-3632 and section 42-2064, subsection F, a hearing officer or administrative law judge shall award fees and other costs to any prevailing party in a contested case or an appealable agency action brought pursuant to any state administrative heari…

A. Except as provided in subsection C of this section, an agency shall not: 1. Charge or receive a fee or make a rule establishing a fee unless the fee for the specific activity is expressly authorized by statute or tribal state gaming compact. 2. Make a rule establishing a fee t…

A. An agency inspector, auditor or regulator who enters any premises of a regulated person for the purpose of conducting an inspection or audit shall, unless otherwise provided by law: 1. Present photo identification on entry of the premises. 2. On initiation of the inspection or…

Notwithstanding any other law, a person shall disclose the person's name during the course of reporting an alleged violation of law or rule. During the course of an investigation or enforcement action, the name of the complainant shall be a public record unless the affected agenc…

B. Unless otherwise provided by statute, the proper venue may include any of the following: 1. The county where the plaintiff, claimant or appellant resides. 2. The county where the plaintiff's, claimant's or appellant's principal place of business is located. 3. The county where…

A. The secretary of state shall prepare and publish the code and register. B. The secretary of state shall prescribe a uniform numbering system and have reasonable discretion to determine the form and style for rules filed with and published by the office. The secretary of state …

A. The code shall contain the full text of each final, expedited and emergency rule filed with the secretary of state and each exempt rule filed with the secretary of state to be published pursuant to a statutory exemption from the applicability of this chapter. The secretary of …

A. The secretary of state shall electronically publish the register at least once each month and include the contents listed under subsection B of this section. The secretary of state shall publish the notices that are filed with the secretary of state during the preceding thirty…

The secretary of state shall publish on its website any final rule of the department of child safety within ten days after the final rule is filed with the secretary of state.

A. Each agency shall establish and maintain a current, public rule making docket for each pending rule making proceeding. A rule making proceeding is pending from the time the agency begins to consider proposing the rule under section 41-1022 until any one of the following occurs…

An agency may include a diagram, example, table, chart or formula in a rule, preamble, economic impact, small business and consumer impact statement or concise explanatory statement to the extent that it assists in making the document understandable by the persons affected by the…

A. On or before December 1 of each year, each agency, except for a self-supporting regulatory board as defined in section 41-1092, shall prepare and make available to the public the regulatory agenda that the agency expects to follow during the next calendar year. B. The regulato…

A. An agency shall prepare a notice of proposed rulemaking to make, amend, renumber or repeal a rule. The agency shall follow formatting guidelines prescribed by the secretary of state in the preparation of the notice. The agency shall file the notice with the secretary of state.…

A. After providing notice of docket openings, an agency may meet informally with any interested party for the purpose of discussing the proposed rule making action. The agency may solicit comments, suggested language or other input on the proposed rule. The agency may publish not…

A. An agency may not submit a rule to the council until the rule making record is closed. B. Within one hundred twenty days after the close of the record on the proposed rule making, an agency shall take one of the following actions: 1. Submit the rule to the council or, if the r…

A. An agency may not submit a rule to the council that is substantially different from the proposed rule contained in the notice of proposed rule making or a supplemental notice filed with the secretary of state pursuant to section 41-1022. However, an agency may terminate a rule…

A. If an agency makes a finding that a rule is necessary as an emergency measure, the rule may be made, amended or repealed as an emergency measure, without the notice prescribed by sections 41-1021 and 41-1022 and prior review by the council, if the rule is first approved by the…

A. If a delegating agency makes a written finding that a delegation agreement is necessary as an emergency measure, the delegation agreement may be adopted, amended or terminated as an emergency measure, without complying with the public notice and participation provisions of thi…

A. An agency may conduct expedited rulemaking pursuant to this section if the rulemaking does not increase the cost of regulatory compliance, increase a fee or reduce procedural rights of persons regulated and does one or more of the following: 1. Amends or repeals rules made obs…

A. An agency may incorporate by reference in its rules, and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation of an agency of the United States or of this state or a nationally recognized organization or association, if in…

A. An agency shall maintain an official rule making record for each rule it proposes by publication in the register of a notice of proposed rule making and each final rule filed in the office of the secretary of state. The record and matter incorporated by reference must be avail…

A. A rule is invalid unless it is consistent with the statute, reasonably necessary to carry out the purpose of the statute and is made and approved in substantial compliance with sections 41-1021 through 41-1029 and articles 4, 4.1 and 5 of this chapter, unless otherwise provide…

A. Following the filing of a rule made pursuant to an exemption to this chapter or following approval and filing of a rule and preamble and an economic, small business and consumer impact statement by the council as provided in article 5 of this chapter or by the attorney general…

A. A rule filed pursuant to section 41-1031 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 and the time and date are affixed as provided in section 41-1031, unless the rule making a…