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Authenticated Vol. 27, Issue 9 ~ Administrative Register Contents ~ February 26, 2021 Information . 280 Rulemaking Guide . 281 RULES AND RULEMAKING Final Rulemaking, Notices of 12 A.A.C. 4 Game and Fish Commission. 283 12 A.A.C. 4 Game and Fish Commission. 321 GOVERNOR’S OFFICE Governor’s Executive Order 2021-02 Moratorium on Rulemaking to Promote Job Creation and Economic Development; Internal Review of Administrative Rules . 379 INDEXES Register Index Ledger . 381 Rulemaking Action, Cumulative Index for 2021 . 382 Other Notices and Public Records, Cumulative Index for 2021 . 383 CALENDAR/DEADLINES Rules Effective Dates Calendar . 384 Register Publishing Deadlines . 386 GOVERNOR’S REGULATORY REVIEW COUNCIL Governor’s Regulatory Review Council Deadlines. 387 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. 27 Issue 9 The authenticated pdf of the Administrative Register (A.A.R.) PUBLISHER posted on the Arizona Secretary of State’s website is the official SECRETARY OF STATE published version for rulemaking activity in the state of Arizona. Katie Hobbs Rulemaking is defined in Arizona Revised Statutes known as the Arizona Administrative Procedure Act (APA), A.R.S. Title 41, ADMINISTRATIVE RULES Chapter 6, Articles 1 through 10. STAFF The Register is cited by volume and page number. Volumes are DIRECTOR published by calendar year with issues published weekly. Page Scott Cancelosi numbering continues in each weekly issue. RULES MANAGING EDITOR In addition, the Register contains notices of rules terminated by Rhonda Paschal the agency and rules that have expired. ADMINISTRATIVE REGISTER This publication is available online for ABOUT RULES free at www.azsos.gov. Rules can be: made (all new text); amended (rules on file, changing text); repealed (removing text); or renumbered (moving ADMINISTRATIVE CODE A price list for the Arizona rules to a different Section number). Rulemaking activity published Administrative Code is available in the Register includes: proposed, final, emergency, expedited, online. You may also request a paper and exempt rules as defined in the APA, and other state statutes. price list by mail. To purchase a paper New rules in this publication (whether proposed or made) are Chapter, contact us at denoted with underlining; repealed text is stricken. (602) 364-3223. WHERE IS A “CLEAN” COPY OF THE FINAL OR EXEMPT PUBLICATION DEADLINES RULE PUBLISHED IN THE REGISTER? Publication dates are published in the back of the Register. These dates The Arizona Administrative Code (A.A.C) contains the codified include file submittal dates with a text of rules. The A.A.C. contains rules promulgated and filed by three-week turnaround from filing to state agencies that have been approved by the Attorney General or published document. the Governor’s Regulatory Review Council. The Code also contains rules exempt from the rulemaking process. The authenticated pdf of Code chapters posted on the Arizona CONTACT US Secretary of State’s website are the official published version of Administrative Rules Division rules in the A.A.C. The Code is posted online for free. Office of the Secretary of State 1700 W. Washington Street, Fl. 2 Phoenix, AZ 85007 LEGAL CITATIONS AND FILING NUMBERS (602) 364-3223 On the cover: Each agency is assigned a Chapter in the Arizona Administrative Code under a specific Title. Titles represent broad The Office of the Secretary of State is subject areas. The Title number is listed first; with the acronym an equal opportunity employer. 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. 280 Vol. 27, Issue 9 | Published by the Arizona Secretary of State | February 26, 2021 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. February 26, 2021 | Published by the Arizona Secretary of State | Vol. 27, Issue 9 281 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. Title 41, Chapter 6, Articles 1 A.R.S. – Arizona Revised Statutes through 10. Available online at www.azleg.gov. CFR – Code of Federal Regulations Arizona Revised Statutes (A.R.S.): The statutes are made by the Arizona State Legislature during a legislative session. They are complied by Legislative EIS – Economic, Small Business, and Council, with the official publication codified by Thomson West. Citations to Consumer Impact Statement statutes include Titles which represent broad subject areas. The Title number is followed by the Section number. For example, A.R.S. § 41-1001 is the FR – Federal Register definitions Section of Title 41 of the Arizona Administrative Procedures Act. G.R.R.C. – Governor’s Regulatory Review The “§” symbol simply means “section.” Available online at www.azleg.gov. Council Chapter: A division in the codification of the Code designating a state agency or, for a large agency, a major program. U.S.C. – United States Code Close of Record: The close of the public record for a proposed rulemaking is the date an agency chooses as the last date it will accept public comments, either About Preambles written or oral.
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