Section R1-6-304. Petition under A.R.S. § 41-1056(M) for an Agency to Consider Including an Obsolete Rule in a Scheduled Five-year Review Report with Recommendation for Repeal

A.      A person shall file a petition under A.R.S. § 41-1056(M) at least 60 days before the original due date of the five-year review report in which the rule is scheduled to be reviewed. The person filing the petition shall deliver to the Council office both an original and one electronic copy of a petition in the form of a letter. The petition shall be signed by the person filing the petition, and shall contain:

1.        The name, mailing address, e-mail address, and fax and telephone numbers of the person filing the petition;

2.        The name of the person being represented by the person filing the petition, if applicable;

3.        A statement of why the rule is obsolete and should be repealed; and

4.        A statement of how the person is regulated or could be regulated by the rule.

B.       The petition shall be printed on one side, not exceed five dou- ble-spaced or space-and-a-half pages, and be in a clear and legible typeface from 9 to 12 point.

C.      The Council shall notify the agency head of the petition by 5:00 p.m. of the business day following receipt of the petition. Within 14 days of the date the petition is filed the agency shall file an original and one electronic copy of a response, in the form of a letter, signed by the agency head, that either:

1.        Indicates the agency will consider including the rule in the five-year review report with a recommendation for repeal, or

2.        Includes a statement of why the rule is not obsolete and should not be repealed.

D.      The Council shall schedule the petition for the next Council meeting as soon as practicable after receipt of the agency’s response under subsection (C) if the agency’s response states that the rule is not obsolete and should not be repealed.

E.       Within seven calendar days after the Council’s decision on the petition, the Chair shall send a letter to the affected agency head and the person filing the petition advising them of the Council’s decision, including the reasons for and date of the decision.

Historical Note

New Section R1-6-304 renumbered from R1-6-115 and amended by final rulemaking at 19 A.A.R. 2731, effec- tive October 5, 2013 (Supp. 13-3).