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Vol. 23, Issue 43 ~ Administrative Register Contents ~ October 27, 2017 Information . 2986 Rulemaking Guide . 2987 RULES AND RULEMAKING Proposed Rulemaking, Notices of 4 A.A.C. 3 State Boxing and Mixed Martial Arts Commission . 2989 19 A.A.C. 2 Arizona Racing Commission. 2998 Final Rulemaking, Notices of 4 A.A.C. 10 Board of Cosmetology . 3028 9 A.A.C. 16 Department of Health Services - Occupational Licensing. 3038 Proposed Expedited Rulemaking, Notices of 9 A.A.C. 8 Department of Health Services - Food, Recreational, and Institutional Sanitation . 3053 9 A.A.C. 8 Department of Health Services - Food, Recreational, and Institutional Sanitation . 3056 OTHER AGENCY NOTICES Docket Opening, Notices of Rulemaking 9 A.A.C. 8 Department of Health Services - Food, Recreational, and Institutional Sanitation . 3059 9 A.A.C. 8 Department of Health Services - Food, Recreational, and Institutional Sanitation . 3060 9 A.A.C. 13 Department of Health Services - Health Programs Services . 3061 GOVERNOR’S OFFICE Governor’s Executive Orders E.O. 2017-02: Internal Review of Administrative Rules; Moratorium to Promote Job Creation and Customer-Service-Oriented Agencies. 3062 INDEXES Register Index Ledger . 3064 Rulemaking Action, Cumulative Index for 2017 . 3065 Other Notices and Public Records, Cumulative Index for 2017 . 3078 CALENDAR/DEADLINES Rules Effective Dates Calendar . 3080 Register Publishing Deadlines . 3082 GOVERNOR’S REGULATORY REVIEW COUNCIL Governor’s Regulatory Review Council Deadlines. 3083 DIRECTOR PUBLISHER RULES MANAGING EDITOR Administrative Rules Division Secretary of State Arizona Administrative Register Scott Cancelosi MICHELE REAGAN Rhonda Paschal Information ABOUT THIS PUBLICATION Vol. 23 Issue 43 The paper copy of the Administrative Register (A.A.R.) is the official publication for rules and rulemaking activity in the state of Arizona. PUBLISHER Rulemaking is defined in Arizona Revised Statues known as the Arizona SECRETARY OF STATE Administrative Procedure Act (APA), A.R.S. Title 41, Chapter 6, Articles 1 Michele Reagan through 10. The Office of the Secretary of State does not interpret or enforce rules published in the Arizona Administrative Register or Code. Questions should be ADMINISTRATIVE RULES directed to the state agency responsible for the promulgation of the rule as STAFF provided in its published filing. DIRECTOR The Register is cited by volume and page number. Volumes are published by Scott Cancelosi calendar year with issues published weekly. Page numbering continues in each RULES MANAGING EDITOR weekly issue. Rhonda Paschal In addition, the Register contains the full text of the Governor’s Executive ADMINISTRATIVE REGISTER Orders and Proclamations of general applicability, summaries of Attorney This publication is available online for General opinions, notices of rules terminated by the agency, and the Governor’s free at www.azsos.gov. appointments of state officials and members of state boards and commissions. ADMINISTRATIVE CODE ABOUT RULES A price list for the Arizona Rules can be: made (all new text); amended (rules on file, changing text); Administrative Code is available repealed (removing text); or renumbered (moving rules to a different Section online. You may also request a paper number). Rules activity published in the Register includes: proposed, final, price list by mail. To purchase a paper emergency, expedited, and exempt rules as defined in the APA. Chapter, contact us at Rulemakings initiated under the APA as effective on and after January 1, (602) 364-3223. 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 PUBLICATION DEADLINES stricken. Publication dates are published in the back of the Register. These dates WHERE IS A “CLEAN” COPY OF THE FINAL OR EXEMPT include file submittal dates with a RULE PUBLISHED IN THE REGISTER? three-week turnaround from filing to published document. 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 approved by the Attorney General or the Governor’s Regulatory Review Council. CONTACT US The Code also contains rules exempt from the rulemaking process. Administrative Rules Division The printed Code is the official publication of a rule in the A.A.C., and is Office of the Secretary of State prima facie evidence of the making, amendment, or repeal of that rule as 1700 W. Washington Street, Fl. 2 provided by A.R.S. § 41-1012. Paper copies of rules are available by full Chapter Phoenix, AZ 85007 or by subscription. The Code is posted online for free. (602) 364-3223 LEGAL CITATIONS AND FILING NUMBERS The Office of the Secretary of State is On the cover: Each agency is assigned a Chapter in the Arizona an equal opportunity employer. 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. 2986 Vol. 23, Issue 43 | Published by the Arizona Secretary of State | October 27, 2017 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. October 27, 2017 | Published by the Arizona Secretary of State | Vol. 23, Issue 43 2987 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.