Issue 23 ~ Administrative Register Contents ~ June 5, 2015 Information
Total Page:16
File Type:pdf, Size:1020Kb
Vol. 21, Issue 23 ~ Administrative Register Contents ~ June 5, 2015 Information . 776 Rulemaking Guide . 777 RULES AND RULEMAKING Proposed Exempt Rulemaking, Notices of 2 A.A.C. 20 Citizens Clean Elections Commission . 779 2 A.A.C. 20 Citizens Clean Elections Commission . 781 2 A.A.C. 20 Citizens Clean Elections Commission . 785 2 A.A.C. 20 Citizens Clean Elections Commission . 787 2 A.A.C. 20 Citizens Clean Elections Commission . 789 2 A.A.C. 20 Citizens Clean Elections Commission . 790 2 A.A.C. 20 Citizens Clean Elections Commission . 792 Rule Expirations 13 A.A.C. 9 Department of Public Safety - Concealed Weapons Permits . 795 OTHER AGENCY NOTICES Governor’s Executive Orders E.O. 2015-01: Internal Review of Administrative Rules; Moratorium to Promote Job Creation and Customer-Service-Oriented Agencies . 796 Governor’s Proclamations Arizona Green Week . 798 Ronald Reagan Day. 798 Small Business Day . 799 With Special Recognition - Robert Halliday . 800 2-1-1 Arizona Day . 800 ARIZONA COUNTY NOTICES Pinal County Air Quality Control District. 802 Pinal County Air Quality Control District. 807 INDEXES Register Index Ledger . 809 Rulemaking Action, Cumulative Index for 2015 . 810 Other Notices and Public Records, Cumulative Index for 2015 . 812 CALENDAR/DEADLINES Rules Effective Dates Calendar . 813 Register Publishing Deadlines . 815 GOVERNOR’S REGULATORY REVIEW COUNCIL Governor’s Regulatory Review Council Deadlines. 816 DIRECTOR PUBLISHER RULES MANAGING EDITOR Public Services Division Secretary of State Arizona Administrative Register Scott Cancelosi MICHELE REAGAN Rhonda Paschal Information ABOUT THIS PUBLICATION Vol. 21 Issue 23 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 Statues known as the Arizona Michele Reagan Administrative Procedure Act (APA), A.R.S. Title 41, Chapter 6, Articles 1 through 10. PUBLIC SERVICES STAFF DIRECTOR The Office of the Secretary of State does not interpret or enforce rules Scott Cancelosi published in the Arizona Administrative Register or Code. Questions should be directed to the state agency responsible for the promulgation of the rule as RULES MANAGING EDITOR provided in its published filing. Rhonda Paschal The Register is cited by volume and page number. Volumes are published by PRINTING calendar year with issues published weekly. Page numbering continues in each Sonia Ramirez weekly issue. SUBSCRIPTIONS In addition, the Register contains the full text of the Governor’s Executive ADMINISTRATIVE REGISTER Orders and Proclamations of general applicability, summaries of Attorney The printed version of the General opinions, notices of rules terminated by the agency, and the Governor’s Administrative Register is the official appointments of state officials and members of state boards and commissions. publication of Arizona state agency rules. Rates: $275 yearly ABOUT RULES New subscriptions, renewals and Rules can be: made (all new text); amended (rules on file, changing text); address changes contact customer repealed (removing text); or renumbered (moving rules to a different Section service at number). Rules activity published in the Register includes: proposed, final, (602) 364-3224. emergency, expedited, and exempt rules as defined in the APA. This publication is available online for Rulemakings initiated under the APA as effective on and after January 1, free at www.azsos.gov. 1995, include the full text of the rule in the Register. New rules in this publication (whether proposed or made) are denoted with underlining; repealed text is ADMINISTRATIVE CODE stricken. A price list for the Arizona Administrative Code is available online. You may also request a paper WHERE IS A “CLEAN” COPY OF THE FINAL OR EXEMPT price list by mail. To purchase a paper RULE PUBLISHED IN THE REGISTER? Chapter, contact customer service at The Arizona Administrative Code (A.A.C) contains the codified text of rules. (602) 364-3224. The A.A.C. contains rules promulgated and filed by state agencies that have been approved by the Attorney General or the Governor’s Regulatory Review PUBLICATION DEADLINES Publication dates are published in the Council. The Code also contains rules exempt from the rulemaking process. back of the Register. These dates The printed Code is the official publication of a rule in the A.A.C. is prima include file submittal dates with a facie evidence of the making, amendment, or repeal of that rule as provided by three-week turnaround from filing to A.R.S. § 41-1012. Paper copies of rules are available by full Chapter or by published document. subscription. The Code is posted online for free. CONTACT US The Honorable Michele Reagan LEGAL CITATIONS AND FILING NUMBERS Office of the Secretary of State On the cover: Each agency is assigned a Chapter in the Arizona 1700 W. Washington Street, Fl. 7 Administrative Code under a specific Title. Titles represent broad subject areas. Phoenix, AZ 85007 The Title number is listed first; with the acronym A.A.C., which stands for the (602) 542-4285 Arizona Administrative Code; following the Chapter number and Agency name, The Office of the Secretary of State is then program name. For example, the Secretary of State has rules on rulemaking an equal opportunity employer. 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 copy. 776 Vol. 21, Issue 23 | Published by the Arizona Secretary of State | June 5, 2015 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 Rulemaking for separately in the Register. Be prepared Agency opens 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. June 5, 2015 | Published by the Arizona Secretary of State | Vol.