Section R1-1-502. Notice of Proposed Rulemaking

A.      If an agency determines a proposed new Section, an amend- ment to a Section, a repeal of an existing Section, or a renum- ber of a Section, meets the provisions of A.R.S. § 41-1022 and the Act, the agency shall prepare and file a Notice of Proposed Rulemaking as prescribed in this Section.

B.       A Notice of Proposed Rulemaking shall contain:

1.        On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF PROPOSED RULEMAKING.

2.        On a centered line under the notice heading, the agency’s

Code Title number and heading.

3.        On a centered line under the Title number and heading, the agency’s Code Chapter number and heading.

4.        If applicable, on a centered line under the Chapter num- ber and heading, the agency’s Code Subchapter label and heading.

5.        On a centered line under the Chapter heading or Subchap- ter label, whichever is applicable, the heading in all capi- tal letters and underlined, PREAMBLE. The Preamble of the Notice of Proposed Rulemaking shall include in num- bered order:

a.         In two columns a list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected.

b.        The first column shall contain the heading “Articles, Parts, and Sections Affected” under which shall list in sequential and numerical order:

i.         Articles or Parts affected if an Article heading or Part label is being made, amended or repealed as specified in R1-1-415, or renum- bered. Article headings or Part labels shall be listed multiple times, each on a separate line, if the Article or Part has more than one rulemak- ing action. Article headings or Part labels that do not have a rulemaking action directly applied to the headings or labels shall not be listed.

ii.        Under each Article or Part affected in subsec- tion (B)(5)(a)(i), if applicable, shall be a list of Section numbers of Sections being made, amended, repealed or renumbered. Section numbers shall be listed multiple times, each on a separate line, if the Section has more than one rulemaking action applied to it. A Section that currently exists but has no rulemaking action applied to the Section shall not be listed.

c.         The second column shall contain the heading “Rulemaking Action” under which will be listed the rulemaking activity being applied to each Article, Part or Section listed in the first column. A Section that:

i.         Has no text because the Section was previously reserved, repealed, or renumbered cannot have a rulemaking action listed as amended, renum- bered, or recodified. A previously repealed Section cannot be repealed again unless new

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text has subsequently been made at the Section number.

ii.        Has more than one rulemaking action applied to the Section, shall list the actions, each on a separate line, as follows: repeal, renumber, new Section, or amend.

6.        Citations to the agency’s statutory rulemaking authority to include the authorizing statute (general) and the imple- menting statute (specific).

7.        Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record of the proposed rule.

8.        The agency’s contact person who can answer questions about the rulemaking. This information shall include the contact’s:

a.         Name;

b.        Address;

c.         Area code and telephone number; and

d.        Fax number, e-mail and web site addresses, if appli- cable.

9.        An agency’s justification and reason why a rule should be made, amended, repealed or renumbered, to include an explanation about the rulemaking.

10.     A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

11.     A showing of good cause why the rulemaking is neces- sary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdi- vision of this state.

12.     The preliminary summary of the economic, small busi- ness, and consumer impact.

13.     The agency’s contact person who can answer questions about the economic, small business, and consumer impact statement. This information shall include the contact’s:

a.         Name;

b.        Address;

c.         Area code and telephone number; and

d.        Fax number, e-mail and web site addresses, if appli- cable.

14.     The time, place, and nature of the proceedings to make, amend, repeal, or renumber the rule or, if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rule.

15.     All agencies shall list any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shall respond to the following questions:

a.         Whether the rule requires a permit, whether a gen- eral permit is used and if not, the reasons why a gen- eral permit is not used;

b.        Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than fed- eral law and if so, citation to the statutory authority to exceed the requirements of federal law; and

c.         Whether a person submitted an analysis to the agency regarding the rule's impact of the competi- tiveness of businesses in this state as compared to the competitiveness of businesses in other states.

16.     A list of any incorporated by reference material as speci- fied in A.R.S. § 41-1028 and its location in the rules.

17.     The phrase “The full text of the rules follows:”.

18.     The full text of the rules in the rulemaking package shall begin on the next page after the last item in the Preamble. The text of the rules shall contain in sequential order:

a.         Under the Preamble, on a centered line, the agency’s

Code Title number and heading.

b.        On a centered line under the Title number and head- ing, the agency’s Code Chapter number and heading.

c.         If applicable, on a centered line under the Chapter number and heading, the agency’s Subchapter label and heading.

d.        Under the Chapter or Subchapter heading, which- ever is applicable, shall be a list as prescribed in sub- sections (B)(18)(d)(i) through (iv):

i.         On a centered line under the Chapter number and its heading, list the first Article number and its heading that has Sections undergoing a rulemaking action or with Article heading text being made, amended, renumbered, or repealed.

ii.        If applicable, on a centered line under the Arti- cle number and its heading, list the Part number and its label with Sections undergoing a rulemaking action or with Part label text being made, amended, renumbered or repealed.

iii.      Under the Article heading, or Part label if applicable, at the left margin, list the Section numbers and their headings for those Sections undergoing a rulemaking action. A Section shall not be listed if the Section does not have a rulemaking action assigned to the Section.

iv.       A Chapter, Subchapter, Article, Part or Section heading with text being made, amended, renumbered or repealed shall have the text writ- ten as described in subsection (B)(18)(e)(iii) and (iv).

e.         Under the list in subsection (B)(18)(d) the next page shall be the full text of the Sections being made, amended, repealed or renumbered. The text shall:

i.         Include, if applicable, in sequential and numeri- cal order, Article numbers and headings, and Part labels and their headings if any of the Sec- tions within the Article or Part are being made, amended, repealed, or renumbered or if the heading of the Article or Part is undergoing a rulemaking action.

ii.        Include Section numbers listed in numerical order that follow the numbering scheme in R1- 1-403. A Section shall always contain a head- ing, whether it is to specify the name of a rule, or to label the Section as renumbered or repealed. New Section numbers, headings, and text shall be underlined; currently existing Sec- tion numbers shall not be underlined. Repealed Section headings and text shall be stricken. The Section numbers of repealed Sections shall not be stricken.

iii.      Specify current rule text being deleted or repealed as stricken. Striking shall not be used for any other purpose.

iv.       Specify rule text being made as new text as underlined. Underlining shall not be used for any other purpose.

v.        Within a Section, have stricken text appear before new, underlined text.

f.         An agency that amends some but not all of the sub- sections in a Section may list the subsections not

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being amended by the subsection label and the words “No change” Each level of subsection desig- nated as having no change shall be individually labeled. Subsections shall not be grouped together.

g.        An agency that renumbers an existing Section shall strike the current Section number. The new Section number shall be underlined immediately next to the stricken number. Renumbered Sections shall be in numerical order with the text of the rule at the loca- tion of the new Section number. If the only action on a Section is to renumber it, immediately under the Section number and its heading shall appear the words “No change” to indicate that the text is not being amended. If an existing Section is renumbered and no text is made, amended, or repealed at the cur- rent Section number, the current Section number shall be listed in numerical order with strike-outs through the old heading but not through the Section number, with the new heading underlined and labeled “Renumbered.”

C.      A proposed rulemaking package shall include:

1.        Two agency receipts as specified in R1-1-106;

2.        An original and two copies of the agency certificate as specified in R1-1-105;

3.        An original and two copies of the rulemaking package as specified in R1-1-103; and

4.        An agency subject to Council review that received an analysis comparing the rule’s impact of the competitive- ness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

Historical Note

Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final

rulemaking at 17 A.A.R. 1391, effective September 5,

2011 (Supp. 11-3). Amended by final rulemaking at 21

A.A.R. 117, effective December 29, 2014 (Supp. 14-4).