ARIZONA · ADMINISTRATIVE DIGEST SEMIANNUAL INDEX

July 1, 1985 - December 2, 1985 (Volume 5, Issue 7 - Volume 5, Issue 12) ARIZONA ADMINISTRATIVE DIGEST

This Index is based on a consolidation of contents appearing in Digests dated July 1 through December 2, 1985. In addition, several agency addresses not appearing in those Digests have been changed to reflect the most current information. The Index consists of four sections: Agency Index, Permanent Rules Index, Attorney General's Opinion Index, and the State Appointed Officials / State Boards and Commissions Index. An Index will be published twice a year.

AGENCY INDEX - is arranged by the A.C.R.R. chapter ATTORNEY GENERAL'S OPINION INDEX- is arranged heading (the agency name, or name of a division within a alphabetically by a brief subject description of each ruling department), listed in alphabetical order by the first key word in including the opinion number assigned. Also included are cross the name (Agriculture and Horticulture, Commission of). The references to former opinions, to Arizona Revised Statutes, to entries are then listed within the categories of Emergency Rules Session.Laws, to Administrative Rules and Regulations, to the and/or Proposed Rules showing the Action proposed (or taken, U.S. Code and U.S. Code Annotated, to the U.S. Constitution, if an Emergency). Also included in the Agency Index section and the Arizona Constitution. This material was submitted by are the Executive Orders and Proclamations of general applica­ the Office of the Attorney General. bility issued by the Governor. Entries are shown under Governor and categorized under Executive Order or Proclamations. STA TE APPOINTED OFFICIALS / STA TE BOARDS AND COMMISSIONS INDEX - contains all Governor's appoint­ PERMANENT RULES INDEX - is a numerical listing of all ments of State Officials and members of Boards and Commis­ A.C.R.R. section numbers certified and filed as permanent sions shown alphabetically by the name of the Board, Commis­ rules. Each entry is annotated to indicate the action taken sion or Department. (whether an adoption, amendment, or repeal), the effective date, the volume number, issue number, and the publication Suggestions and comments concerning this and other publica­ date of the Digest in which the rule number was originally tions of this Office should be directed to Office of the Secretary published. of State, Publications Division, State Capitol, West Wing, Suite 706, Phoenix, AZ, 85007.

Bruce Babbitt Governor

Rose Mofford Secretary of State

Miriam J. McClennen Director of Publications Editor

© 1985 Arizona Secretary of State AGENCY INDEX

Reporting responsibility ...... AM 163 Abbreviation Key Selection of players' cards ...... AM 163 Agency Action Special bonus game (Large Game Bingo only) ...... A 163 Verification of gross receipts A = adopt (Large Game Bingo only) ...... A 163 AM= amend Verification of winning cards ...... AM 163 R = repeal

ACCOUNTANCY COMMUNICABLE DISEASES, DEPARTMENT OF HEALTH SERVICES PROPOSED RULES Applications; examinations ...... AM 184 EMERGENCY RULES Conditioned candidates ...... AM 184 Diseases declared communicable and control measures ..... AM 191 CPA certificates; by examination ...... AM 184 PROPOSED RULES CPA certificates; by reciprocity ...... AM 184 Diseases declared communicable and control measures . . . . . AM 186 Definitions ...... AM 184 Location of office; office hours ...... AM 184 COMMUNITY COLLEGES OF ARIZONA, Registration; certificate renewal ...... AM 184 STATE BOARD OF DIRECTORS AGRICULTURE AND HORTICULTURE, PROPOSED RULES ARIZONA COMMISSION OF Facility construction, planning and development ...... AM 161 Operational contracts ...... AM 161 EMERGENCY RULES Tuition and fees ...... AM 119, AM 161 Genetic disease of honey bees ...... A 176 PROPOSED RULES CORPORATION COMMISSION, ARIZONA Acarine (Tracheal) Mite - area ...... AM 144 See Fixed Utilities Acarine (Tracheal) Mite ...... R 159 Public Service Corporations Cultural practices which shall be followed Corporations and Associations; Securities Regulation in the growing of host plants within Arizona ...... AM 184 Transportation Honey bee parasitic mites and exotic diseases ...... A 159 Noxious weeds ...... AM 184 COTTON RESEARCH AND PROTECTION COUNCIL Nut tree pests ...... AM 184 Protected group of plants - plants covered ...... A 144 EMERGENCY RULES Cotton bale assessment and refund ...... AM 191 AHCCCS PROPOSED RULES See Health Care Cost Containment System Administration, Arizona Cotton bale assessment ...... AM 159

AIR POLLUTION CONTROL, DEPARTMENT DENTAL EXAMINERS, STATE BOARD OF OF HEALTH SERVICES PROPOSED RULES Duplicate license - duplicate registration receipt ...... AM 115 PROPOSED RULES Initial licensure fee - dentist ...... A 115 Motor vehicles; combustion engines; fuel ...... R A AM 147 Initial license fee - hygienist ...... A 115 Triennial registration fee - dentist ...... AM 115 BINGO REGULATIONS, DEPARTMENT OF Triennial registration fee - denturist ...... AM I 15 REVENUE, SALES AND USE TAX SECTION Thennial registration fee - hygienist ...... AM 115 PROPOSED RULES General provisions ECONOMIC SECURITY, DEPARTMENT OF Affidavits ...... AM I 63 See Income Maintenance Alternate prizes for winners within specified number of calls ...... AM 163 EDUCATION, STATE BOARD OF Bingo checking accounts ...... AM I 63 Cancellation of occasion, approval required ...... A 163 EMERGENCY RULES Change of location, approval required ...... AM 163 Special education standards for public schools Definitions ...... AM I 63 and State supported institutions ...... AM 124 Determination of exempt status ...... AM 163 PROPOSED RULES Duplicate cards ...... AM 163 Certification suspension and revocation ...... AM 162 Equipment ownership and rented premises Completion of grade ten ...... A 135 (Large Game Bingo only) ...... AM 163 Compliance with Federal statutes or regulations ...... AM 135 Erroneous calls ...... AM I 63 Minimum credits and competancies for graduation Inducements (Large Game Bingo only) ...... A 163 from high school (text eff. Jan. 1, 1989) ...... AM 135 Inquiries ...... AM 163 Minimum credits for graduation ...... AM 135 Notice of charges ...... AM 163 Minimum credits for graduation (text eff. Jan. I, 1987) . . .. AM 135 Persons permitted to conduct games, Pupil achievement testing ...... A 161 compensation prohibited ...... AM I 63 Subject area to be taught in the common schools . AM 135, AM 162 Ratio of net proceeds to gross receipts Teacher certification requirements . AM 146, AM 162, AM 173 (Large Game Bingo only) ...... AM 163 Teacher education skills ...... AM 173

January 31, 1986 Administrative Digest Index Page 1 EMERGENCY SERVICES, DIVISION OF HEALTH CARE COST CONTAINMENT EMERGENCY AND MILITARY AFFAIRS SYSTEM ADMINISTRATION, ARIZONA EMERGENCY RULES PROPOSED RULES Disaster assistance funds ...... A 138 AHCCCS family household and relationship for indigent and medically needy ...... AM 187 ENVIRONMENTAL SANITATION, Contract or proposal protests; appeals ...... A 188 DEPARTMENT OF HEALTH SERVICES Contracts, administration, and standards ...... AM 188 County referrals for individuals potentially eligible PROPOSED RULES under Section 236.1 and Section 2362 of Hazardous wastes ...... AM I 86 Deficit Reduction Act of 1984 (DEFRA) ...... A 187 Hazardous wastes, standards for the management of Definitions ...... AM 120 specific hazardous wastes and specific types Disputed emergency claims ...... R 188 of hazardous waste management facilities ...... A 186 Eligibility and enrollment ...... R A AM 119-120 General provisions and standards ...... R A AM 119-120 FUNERAL DIRECTORS AND EMBALMERS Non-member grievances ...... A 188 PROPOSED RULES Scope of services ...... R A AM 119-120 Fees ...... AM 145 Standards and payments ...... R A AM 119-120 Third-party laibility ...... A 119 GAME AND FISH COMMISSION HEALTH PROGRAMS SERVICES, EMERGENCY RULES Depradation permits for small game ...... AM 176 DEPARTMENT OF HEALTH SERVICES PROPOSED RULES PROPOSED RULES Complimentary licenses ...... AM 148 Advanced life support base hospital certification ...... AM 136 Fees for licenses, tags, stamps, and permits ...... AM 120 Basic emergency medical technician certification ...... AM 136 Fishing license and stamp requirements ...... AM 148 Basic EMT training program certification ...... AM 136 Fishing seasons, open and closed areas ...... AM 148 Emergency paramedic certification ...... AM 136 Lawful methods of taking fish, reptiles, Emergency paramedic training program certification ...... AM 136 amphibians, mollusks and crustaceans ...... AM 148 Hearing evaluation services ...... R A 147 Reward payments ...... AM 148 Intermediate emergency medical technician certification . ... AM 136 Time and methods for lawfully taking Intermediate emergency medical technician wild mammals and birds ...... AM 120 training program certification ...... AM 136

GOVERNOR, OFFICE OF THE HEALTH SERVICES, DEPARTMENT OF EXECUTIVE ORDERS See Air Pollution Control Advisory Council on Intergovernmental Relations .•...... 128 Communicable Diseases Amendment Environmental Sanitation Executive Order No. 77-1 ...... • ...... 129 Health Programs Services Executive Order No. 83-6 130 Automobile accident records ...... 170 INCOME MAINTENANCE, DEPARTMENT Board of Regents ...... 156 OF ECONOMIC SECURITY Commerce, Department of ...... 130 PROPOSED RULES Criminal history record information Computation of adjusted contribution ...... AM 118 Board of Regents ...... 156 Construction of statutes ...... AM 118 Department of Health Services ...... 13 I Extended benefits ...... AM 118 Department of Public Safety ...... 13 I Department of Public Safety, tow truck inspection officers . . . . . 156 INCOME AND WITHHOLDING TAX Economic Planning and Development ...... 129, 130 SECTION, DEPARTMENT OF REVENUE Federal Funds ...... 128 Health, Department of ...... 131 PROPOSED RULES Motion Picture Advisory Board ...... 129 Amortization of child care facilities ...... A 122 Public records ...... 170 Public Safety, Department of ...... 13 I , 156 INDUSTRIAL COMMISSION OF ARIZONA Repeal PROPOSED RULES Executive Order No. 70-1, No. 73-4, No. 75-6, No. 75-7 . . . .. 128 Field sanitation ...... A 172 Executive Order No. 75-8, No. 79-2 ...... 129 Executive Order No. 80-3 ...... 130 INSURANCE, DEPARTMENT OF Rural Development Advisory Council ...... 129 Volunteer Action Programs ...... 129 PROPOSED RULES Coordination of benefits ...... AM 145 PROCLAMATIONS of general applicability Franchise disability insurance ...... R 145 Emergencies Unfair discrimination on the basis of blindness, C0<;onino, Navajo, Mohave, Apache Counties ...... 112 partial blindness or physical disability ...... AM 145

Page 2 Administrative Digest Index January 31, 1986 LOTTERY COMMISSION, ARIZONA STATE REVENUE, DEPARTMENT OF EMERGENCY RULES See Bingo Regulations, Sales and Use Tax Section Procurements ...... AM I 24 Income and Withholding Tax Section Property and Special Taxes PROPOSED RULES Sales and Use Tax Section Arizona Instant Game No. 25 ...... A 134 PSYCHOLOGIST EXAMINERS, BOARD OF No. 26 ...... •...•.•...... A 160 No . 27 ...... A 185 PROPOSED RULES Procurements ...... • ...... A 117 Written test ...... AM 116 General Provisions Legal and Contractual Remedies PUBLIC SERVICE CORPORATIONS; Source Selection and Contract Formation CORPORATIONS AND ASSOCIATIONS; Specificl.!tions SECURITIES REGULATION MANUFACTURED HOUSING, BOARD OF See Corporation Commission Fixed Utilities PROPOSED RULES Transportation Installers permits and insignia fees ...... • . . . . AM I 60 Mobile home rehabilitation permit, insignia of RACING COMMISSION, ARIZONA approval, inspection fee ...... • . . . A 117 Rehabilitation of mobile homes ...... A 117 PROPOSED RULES Greyhound racing MARICOPA COUNTY BOARD OF HEALTH Licensing ...... AM 134 Pari-mutuel wagering ...... AM 185 PROPOSED RULES Permittee responsibilities ...... •...... AM 160 Campgrounds A 164 Horse racing General Claiming races ...... AM 134 Definitions ...... AM 164 Licensing ...... •.... AM 134 General provisions ...... AM 164 Pari-mutuel wagering ...... AM 185 Permit required ...... • . . . . AM 164 Permittee responsibilities ...... AM 160 Sewerage and waste treatment work ...... AM 164 Procedure before the Commission ...... •.•...... AM 185 Residence accommodations ...... AM 165 Rodents , insects and vermin ...... •.... AM 165 SALES AND USE TAX SECTION, Trailer coach parks ...... AM 165 DEPARTMENT OF REVENUE Water supply ...... AM 190 PROPOSED RULES MOTOR VEHICLE DIVISION, Agricultural equipment and machinery: declining sales tax .... A 149 DEPARTMENT OF TRANSPORTATION Agricultural machinery and equipment exemption from the use tax ...... A 149 EMERGENCY RULES Collection of sales tax by the seller ...... R A 123 Definition of agricultural products ...... A 151 Non-premise based telephone service ...... A 162 Insurance requirement for foreign vehicle ...... A 151 Sales of food PROPOSED RULES Average tax rate ...... •...... R 137 Definition of agricultural products ...... A I 64 Computation of the average rate ...... R 137 Drivers license number ...... AM 174 Definitions ...... R A 162 Insurance requirement for foreign vehicle ...... A 149 Excess tax collected ...... • ...... R 137 Motor carrier safety and hazardous materials ...... • . . . . AM I 50 Posting of average rate by retailer ...... R 137 Special rules in computing and using the average rate R 137 OPTOMETRY, BOARD OF Sales tax - administration Procedure for appeal - appeal to the State PROPOSED RULES Board of Tax Appeals , Division Two ...... R 162 False advertising ...... A 115 Procedure for appeal - appeal to Department ...... R 162 License examination ...... A 115 Procedure for appeal - court action by taxpayer ...... R 162 Practice restrictions; use of title; assumed names . . . . • . . . . . A 115 Procedure for appeal - court action by Department ...... R 162 PROPERTY AND SPECIAL TAXES, Procedure for appeal - final judgement by court .....•.. R 162 Procedure for appeal - payment of tax after appeal DEPARTMENT OF REVENUE to State Board ...... R 162 PROPOSED RULES Procedure for appeal - payment of tax after Mine valuation ...... AM 136 decision of Department becomes final ...... R 162 Sales tax - retail classification PUBLIC SAFETY, DEPARTMENT OF Federal excise taxes ...... R 123 Return and payment of tax - payment under protest . . . . . R 162 See Tow Trucks Return and payment of tax - refunds of excess payments . . R 123

January 31 , 1986 Administrative Digest Index Page 3 Use tax - administration TRANSPORTATION, ARIZONA Procedure for appeal - appeal to Department ...... R 162 CORPORATION COMMISSION Procedure for appeal - appeal to State Board PROPOSED RULES of Tax Appeals, Division Two ...... R 162 Construction standards ...... AM 174 Procedure for appeal - payment of the tax Minimum standards for cabooses ...... AM 174 after appeal to State Board ...... R 162 Pipeline safety ...... A 122 Procedure for appeal - payment of tax after Railroad accident reports; public examination; decision of Department becomes final ...... R 162 investigations ...... AM 174 Procedure for appeal - court action by Department ...... R 162 Safety ...... AM 174 Procedure for appeal - court action by taxpayer ...... R 162 Procedure for appeal - final judgement by court ...... R 162 TRANSPORTATION, DEPARTMENT OF Return and payment of tax - payment made under protest R 162 See Motor Vehicle Division STRUCTURAL PEST CONTROL BOARD UTILITIES, FIXED, PROPOSED RULES Application ...... R 146 ARIZONA CORPORATION COMMISSION Classification of structural pest control ...... AM 172 PROPOSED RULES Complaints ...... AM 172 Commission color code to identify location of Effect on present licenses ...... R 146 underground facilities ...... A 121 Examination for qualifying party and pest control advisor . . . AM 172 Conciliation procedures for Class E water utilities ...... A 148 Inspection reports ...... AM 172 Defining filing requirements in support of a Schedule of fees ...... AM 172 request by a public service corporation doing Termite treastment ...... AM 172 business in Arizona for a determination of the value of Use and storage of pesticides ...... AM 172 property of the corporation and of the rate of return thereon, or in support of proposed increased TOW TRUCKS, DEPARTMENT rates or charges ...... AM 148, AM 188 OF PUBLIC SAFETY Line extensions ...... AM 121 Meter reading ...... AM 121 PROPOSED RULES Provisions of service ...... AM 121 Class designation ...... R 121 Telecommunications utilities ...... A 188 Definitions ...... R 121 Telephone utilities ...... AM I 88 Enforcement of rules and regulations ...... AM 121 Qualifications of tow truck operators ...... AM 121 Tow truck equipment specifications ...... AM 121 Tow truck permits ...... AM 121 Tow truck specifications ...... AM 121

TAX APPEALS, DIVISION ONE, STATE BOARD OF PROPOSED RULES Equalization hearings ...... R 189 General provisions Form of petition ...... AM 189 Priority of cases ...... AM 189 Subpoenas ...... AM 189

Page 4 Administrative Digest Index January 31, 1986 PERMANENT RULES INDEX

The table below lists all Permanent Rules filed May 22, 1985 through November 15, 1985

Action Noticed Action Noticed R Repealed In Digest R Repealed In Digest A Adopted Effective Issue Issue A Adopted Effective Issue Issue Rule AM Amended Date No. Date Rule AM Amended Date No. Date

R4-23-202 R 7-24-85 Vol. SlssueS May I, 1985 TIiie I. GENERAL R4-23-202 A 7-24-85 Vol . 5 Issue 5 May I, 1985 RI-1-103 AM 7-25-85 Vol. 5 Issue6 June3, 1985 R4-23-203 R 7-24-85 Vol. 5 Issue s May I, 1985 R4-23-203 7-24-85 Vol. 5 lssue 5 May I , 1985 Rl-2-102 AM 7-25-85 Vol. 5 lssue6 June3, 1985 A R4-23-205 A 7-24-85 Vol. 5 Issue4 Apr. I , 1985 RI-2-104 AM 7-25-85 Vol. 5 Issue 6 June3, 1985 R4-23-607 R 7-24-85 Vol. 5 Issue4 Apr. I , 1985 Rl-2-201 AM 7-25-85 Vol. 5 Issue6 June3, 1985 thru R4-26-124 AM 11-1-85 Vol . 5 Issue 7 July I, 1985 RI-2-204 AM 7-25-85 Vol . 5 Issue 6 June3, 1985 R4-27-104 AM 8-2-85 Vol . 4Issue 12 Dec. 3, 1984 Rl-2-207 7-25-85 Vol. 5 Issue6 June3, 1985 AM R4-27-I 16 AM 8-30-85 Vol. 5 Issue s May I, 1985 RI-2-208 7-25-85 Vol. 5 Issue 6 June3, 1985 AM R4-27-319 AM 8-30-85 Vol. 5 Issue 5 May 1, 1985 Rl-2-303 AM 7-25-85 Vol . 5 Issue 6 June3, 1985 R4-27-401 AM 8-21-85 Vol. 5 Issue I Jan. 2, 1985 Renumbered as Rl-2-208.01 thru R4-27-406 AM 8-21-85 Vol. 5 Issue I Jan. 2, 1985 TIiie 2. ADMINISTRATION R4-29-0I AM 7-16-85 Vol . 5 Issue 3 Mar. I , 1985 R2-l-401 7-22-85 Vol. 5 Issue I Jan.2, 1985 A thru R2-l-501 10-9-85 Vol. 5 Issues May I, 1985 A R4-29-03 AM 7-16-85 Vol. 5 Issue3 Mar. I , 1985 thru R4-29-05 AM 7-16-85 Vol. 5Issue3 Mar. I, 1985 R2-l-505 A 10-9-85 Vol. Issues May I , 1985 5 R4-29-14 AM 7-16-85 Vol . 5 Issue 3 Mar. I, 1985 R2-5- IOI AM 11-1-85 Vol. 5 Issue4 Apr. I , 1985 thru R2-5-I02 AM 11-1-85 Vol . 5 Issue 4 Apr. I , 1985 R4-29-20 AM 7-16-85 Vol. 5 Issue3 Mar. I , 1985 R2-5-204 AM 11-1-85 Vol. 5 Issue4 Apr. I , 1985 R4-29-21 A 7-16-85 Vol. 5 Issue3 Mar. I , 1985 R2-5-402 AM 11 -1-85 Vol . 5 Issue 4 Apr. I , 1985 R4-29-23 AM 7-16-85 Vol. 5 Issue 3 Mar. I , 1985 R2-5-403 AM 11-1-85 Vol. 5 Issue4 Apr. I, 1985 R4-29-24 AM 7-16-85 Vol. 5 Issue 3 Mar. I, 1985 R4-29-26 A 7-16-85 Vol. 5 Issue 3 Mar. I , 1985 R2-8-120 R 7-24-85 Vol. 5 Issue6 June3, 1985 R4-29-35 AM 7-16-85 Vol . 5 Issue 3 Mar. I, 1985 R2-8-121 AM 5-30-85 Vol. 5 Issue 3 Mar. I, 1985 R4-29-37 AM 7-16-85 Vol. 5 Issue3 Mar. I , 1985 R2-8-126 AM 7-24-85 Vol .' 5 Issue 6 June 3, 1985 R4-29-41 AM 7-16-85 Vol. 5 Issue3 Mar. I, 1985 R2-I0-205 A 8-12-85 Vol. 5Issue4 Apr. 1, 1985 R4-34-I06 A 8-13-85 Vol. 5 Issue 6 June 3, 1985 R2-12-1 IO AM 6-17-85 Vol. 5 Issue2 Feb. I , 1985 R4-34-6IO A 8-J)-85 Vol. 5 Issue6 June 3, 1985 R4-37-324 A 6-12-85 Vol . 5 Issue 5 May I , 1985 TIiie 3. AGRICULTURE R4-37-325 A 9-4-85 Vol . 5 Issue 8 Aug. I, 1985 R3-1-53.05 AM 7-24-85 Vol. 5 Issue 5 May I, 1985 R4-37-326 A 10-28-85 Vol. 5 Issue IO Oct. I , 1985 R3-1-201 A 7-25-85 Vol. 5 Issue4 Apr. 1, 1985 R4-37-501 A 8-29-85 Vol. 5 Issue 7 July I, 1985 thru thru R3-1-2IO A 7-25-85 Vol. 5 Issue4 Apr. I, 1985 R4-37-549 A 8-29-85 Vol . 5 Issue 7 July I , 1985 R4-39-IOI A 6-27-85 Vol. 5 Issues