Section R1-1-803. Notice of Final Expedited Rulemaking

A.      If an agency determines it meets the requirements in A.R.S. § 41-1027(G) and other requirements in the Act it shall prepare a Notice of Final Expedited Rulemaking as specified in this Sec- tion and submit the notice to the Council.

B.       A Notice of Final Expedited Rulemaking shall contain:

1.        On a centered line one inch from the top of the page, the heading in all capital letters NOTICE OF FINAL EXPE- DITED 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 or Subchapter head- ing, whichever is applicable, the heading in all capital let- ters and underlined, PREAMBLE. The Preamble of the notice shall include the following list consecutively num- bered:

a.         A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns as prescribed under R1-1- 502(B)(5).

b.        Citations to the agency’s statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

c.         The effective date of the rule.

d.        Citations to all related notices published in the Reg- ister as prescribed under R1-1-409(A) that pertain to the record of the Notice of Final Summary Expe- dited Rulemaking package.

e.         The agency’s contact person who can answer ques- tions about the rulemaking. This information shall include the contact’s:

Secretary of State – Rules and Rulemaking

i.         Name;

ii.        Address;

iii.      Area code and telephone number; and

iv.       Fax number, e-mail and web site address, if applicable.

f.         An agency’s explanation why the proposed expe- dited rule was made, amended, repealed, or renum- bered under A.R.S. § 41-1027(A) and why expedited proceedings were justified under A.R.S. § 41-1001(15)(c).

g.        A reference to any study relevant to the rule that the agency reviewed and either relied on or did not 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.

h.        A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of author- ity of a political subdivision of this state.

i.         A statement that the agency is exempt from the requirements under A.R.S. § 41-1055(G) to prepare and file an economic, small business, and consumer impact statement under A.R.S. § 41-1055(D)(2).

j.         A description of any changes between the proposed expedited rulemaking and the final expedited rulemaking.

k.        An agency’s summary of the public or stakeholder comments or objections made about the rulemaking and the agency response to the comments. An agency shall, “adequately respond in writing to the comments on the proposed expedited rule making” under A.R.S. § 41-1027(E).

l.         Any other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additional matters include but are not limited to:

i.         Whether the rule requires a permit, license, or agency authorization under A.R.S. § 41- 1037(A), and whether a general permit is used and if not, the reasons why a general permit is not used;

ii.        Whether a person submitted an analysis to the agency that compares the rule’s impact of the competitiveness of business in this state to the impact on business in other states.

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

6.        The full text of the rules in the rulemaking package shall begin on the next page after the last item in the Preamble and contain the text as prescribed under R1-1- 502(B)(18).

C.      A final expedited 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 Council’s certificate of approval as specified in R1-1-105.

4.        If applicable, three copies of either:

a.         The notice notifying the governor, the president of the Senate, the speaker of the House of Representa- tives, and the council of expedited rulemaking under

A.R.S. § 41-1027(B); or

b.        The request filed with the governor, the president of the Senate, the speaker of the House of Representa- tives, and the council under A.R.S. § 41-1027(C); and the governor’s approval of the agency’s expe-

dited   rulemaking   request    under   A.R.S.   §    41- 1027(D);

5.        If applicable, two copies of the Notice of Objection to a Proposed Expedited Rulemaking provided for Council review;

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

7.        An agency that received an analysis that compares the rule’s impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

D.      Upon approval from the Council of the final expedited rule, the agency shall file the rulemaking package under A.R.S. § 41-1027(I).

E.       The expedited rule becomes effective 30 days following publi- cation of final expedited rulemaking under A.R.S. § 41- 1027(J).

Historical Note

New Section adopted by final rulemaking at 21 A.A.R.

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