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Authenticated Vol. 25, Issue 17 ~ Administrative Register Contents ~ April 26, 2019 Information . 990 Rulemaking Guide . 991 RULES AND RULEMAKING Proposed Rulemaking, Notices of 18 A.A.C. 2 Department of Environmental Quality - Air Pollution Control . 993 Final Rulemaking, Notices of 4 A.A.C. 23 Board of Pharmacy . 1012 4 A.A.C. 23 Board of Pharmacy . 1015 12 A.A.C. 4 Game and Fish Commission. 1047 OTHER AGENCY NOTICES Docket Opening, Notices of Rulemaking 18 A.A.C. 2 Department of Environmental Quality - Air Pollution Control . 1113 Public Information, Notices of Department of Environmental Quality - Water Pollution Control . 1114 Substantive Policy Statement, Notices of Agency Department of Health Services . 1115 GOVERNOR’S OFFICE Governor’s Executive Order 2019-01 Moratorium on Rulemaking to Promote Job Creation and Customer-Service-Oriented Agencies; Protecting Consumers Against Fraudulent Activities. 1116 INDEXES Register Index Ledger . 1118 Rulemaking Action, Cumulative Index for 2019 . 1119 Other Notices and Public Records, Cumulative Index for 2019 . 1123 CALENDAR/DEADLINES Rules Effective Dates Calendar . 1124 Register Publishing Deadlines . 1126 GOVERNOR’S REGULATORY REVIEW COUNCIL Governor’s Regulatory Review Council Deadlines. 1127 DIRECTOR PUBLISHER RULES MANAGING EDITOR Administrative Rules Division Secretary of State Arizona Administrative Register Scott Cancelosi KATIE HOBBS Rhonda Paschal Information ABOUT THIS PUBLICATION Vol. 25 Issue 17 The paper copy of the Administrative Register (A.A.R.) is the official PUBLISHER publication for rules and rulemaking activity in the state of Arizona. SECRETARY OF STATE Rulemaking is defined in Arizona Revised Statutes known as the Arizona Katie Hobbs Administrative Procedure Act (APA), A.R.S. Title 41, Chapter 6, Articles 1 through 10. The Office of the Secretary of State does not interpret or enforce rules ADMINISTRATIVE RULES published in the Arizona Administrative Register or Code. Questions should be STAFF directed to the state agency responsible for the promulgation of the rule as DIRECTOR provided in its published filing. Scott Cancelosi The Register is cited by volume and page number. Volumes are published by RULES MANAGING EDITOR calendar year with issues published weekly. Page numbering continues in each Rhonda Paschal weekly issue. ADMINISTRATIVE REGISTER In addition, the Register contains the full text of the Governor’s Executive This publication is available online for Orders and Proclamations of general applicability, summaries of Attorney free at www.azsos.gov. General opinions, notices of rules terminated by the agency, and the Governor’s appointments of state officials and members of state boards and commissions. ADMINISTRATIVE CODE A price list for the Arizona ABOUT RULES Administrative Code is available online. You may also request a paper Rules can be: made (all new text); amended (rules on file, changing text); price list by mail. To purchase a paper repealed (removing text); or renumbered (moving rules to a different Section Chapter, contact us at number). Rules activity published in the Register includes: proposed, final, (602) 364-3223. emergency, expedited, and exempt rules as defined in the APA. Rulemakings initiated under the APA as effective on and after January 1, 1995, include the full text of the rule in the Register. New rules in this publication PUBLICATION DEADLINES (whether proposed or made) are denoted with underlining; repealed text is Publication dates are published in the stricken. back of the Register. These dates include file submittal dates with a three-week turnaround from filing to WHERE IS A “CLEAN” COPY OF THE FINAL OR EXEMPT published document. RULE PUBLISHED IN THE REGISTER? The Arizona Administrative Code (A.A.C) contains the codified text of rules. The A.A.C. contains rules promulgated and filed by state agencies that have been CONTACT US approved by the Attorney General or the Governor’s Regulatory Review Council. Administrative Rules Division The Code also contains rules exempt from the rulemaking process. Office of the Secretary of State The printed Code is the official publication of a rule in the A.A.C., and is 1700 W. Washington Street, Fl. 2 prima facie evidence of the making, amendment, or repeal of that rule as Phoenix, AZ 85007 provided by A.R.S. § 41-1012. Paper copies of rules are available by full Chapter (602) 364-3223 or by subscription. The Code is posted online for free. The Office of the Secretary of State is LEGAL CITATIONS AND FILING NUMBERS an equal opportunity employer. On the cover: Each agency is assigned a Chapter in the Arizona Administrative Code under a specific Title. Titles represent broad subject areas. The Title number is listed first; with the acronym A.A.C., which stands for the Arizona Administrative Code; following the Chapter number and Agency name, then program name. For example, the Secretary of State has rules on rulemaking in Title 1, Chapter 1 of the Arizona Administrative Code. The citation for this chapter is 1 A.A.C. 1, Secretary of State, Rules and Rulemaking Every document filed in the office is assigned a file number. This number, enclosed in brackets, is located at the top right of the published documents in the Register. The original filed document is available for 10 cents a page. 990 Vol. 25, Issue 17 | Published by the Arizona Secretary of State | April 26, 2019 Rulemaking Guide Arizona Regular Rulemaking Process START HERE Agency opens a APA, statute or ballot docket. Agency decides not to act and closes docket. Look for the Agency Notice proposition is Agency files a Notice of Review (inspect) notices published passed. It gives an Rulemaking Docket The agency may let agency authority to Opening; it is published the docket lapse by in the Arizona Administrative Register. make rules. not filing a Notice of Many agencies maintain stakeholder in the Register. Often It may give an an agency will file the Proposed rulemaking lists and would be glad to inform you agency an exemption docket with the within one year. when they proposed changes to rules. to the process or proposed rulemaking. Check an agency’s website and its portions thereof. newsletters for news about notices and meetings. Agency drafts proposed rule Feel like a change should be made and Economic Impact to a rule and an agency has not Statement (EIS); informal proposed changes? You can petition public review/comment. an agency to make, amend, or repeal a rule. The agency must respond to the Agency decides not to petition. (See A.R.S. § 41-1033) Agency files Notice of proceed and does not file Proposed Rulemaking. Attend a public hearing/meeting final rule with G.R.R.C. Notice is published in within one year after Attend a public meeting that is the Register. proposed rule is being conducted by the agency on a Notice of meetings may published. A.R.S. § 41- Notice of Proposed Rulemaking. be published in 1021(A)(4). Public meetings may be listed in the Register or included in Agency decides not to Preamble of a Notice of Proposed Preamble of Proposed proceed and files Notice Rulemaking or they may be published Rulemaking. of Termination of separately in the Register. Be prepared Agency opens Rulemaking for comment period. publication in Register. to speak, attend the meeting, and make A.R.S. § 41-1021(A)(2). an oral comment. An agency may not have a public Agency files Notice meeting scheduled on the Notice of Oral proceeding and close of Agency decides not to of Supplemental record. Comment period must last proceed; files Notice of Proposed Rulemaking. If not, you may Proposed at least 30 days after publication Termination of request that the agency schedule a Rulemaking. Notice of notice. Oral proceeding Rulemaking. May open published in proceeding. This request must be put (hearing) is held no sooner than a new Docket. in writing within 30 days after the Register. 30 days after publication of notice published Notice of Proposed of hearing Rulemaking. Substantial change? Write the agency If no change then Put your comments in writing to the agency. In order for the agency to consider your comments, the agency must receive them by the close of Rule must be submitted for review or terminated within 120 days after the close of the record. record. The comment must be received within the 30-day comment timeframe following the Register publication of the Notice of Proposed A final rulemaking package is submitted to G.R.R.C. or A.G. for review. Contains final Rulemaking. preamble, rules, and Economic Impact Statement. You can also submit to the Governor’s Regulatory Review Council written comments that are G.R.R.C. has 90 days to review and approve or return the rule package, in whole or in part; relevant to the Council’s power to A.G. has 60 days. review a given rule (A.R.S. § 41- 1052). The Council reviews the rule at the end of the rulemaking process and before the rules are filed with the After approval by G.R.R.C. or A.G., the rule becomes effective 60 days after filing with the Secretary of State (unless otherwise indicated). Secretary of State. Final rule is published in the Register and the quarterly Code Supplement. April 26, 2019 | Published by the Arizona Secretary of State | Vol. 25, Issue 17 991 Rulemaking Guide Definitions Acronyms Arizona Administrative Code (A.A.C.): Official rules codified and published A.A.C. – Arizona Administrative Code by the Secretary of State’s Office. Available online at www.azsos.gov. Arizona Administrative Register (A.A.R.): The official publication that A.A.R. – Arizona Administrative Register includes filed documents pertaining to Arizona rulemaking. Available online at APA – Administrative Procedure Act www.azsos.gov. Administrative Procedure Act (APA): A.R.S.
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