Section R12-8-109. Fees and Permits

A.      Annual fee review. The Board shall annually review and set fees for entrance, camping, and overnight parking at a state

park. The Board shall base the fees upon an analysis of the fol- lowing criteria:

1.        Fee and permit charges of state park agencies in the 11 western states,

2.        Fee and permit charges of entities with similar facilities within Arizona,

3.        Operational and developmental costs of the Board,

4.        Public demand for services, and

5.        Public-use impacts upon park resources.

B.       The Board shall ensure that fees for entrance, camping, and overnight parking are posted at each state park and printed in state-park literature intended for public information.

C.      Fee schedule. Entrance, camping, and overnight parking fees for each state park are listed in Exhibit A.

D.      Special use fees. The Director shall negotiate a fee for a spe- cial use if the Director determines that a fee greater than the fee listed in Exhibit A is justified based upon analysis of the following criteria:

1.        Board expenses resulting from the special use,

2.        Loss of revenue resulting from the special use,

3.        Impacts upon park resources and visitors as a result of the special use, and

4.        The goodwill produced for sponsors of the special use.

E.       Interpretive program fees. The Director may establish a spe- cial fee for or waive the usual state park entrance fee during an interpretive program. The Director shall determine whether to assess a special fee or waive the usual state park entrance fee for an interpretive program using the criteria specified in sub- section (D). If the Director establishes a special fee for an interpretive program, the Director shall ensure that the special fee is posted and printed in state-park literature in advance of the interpretive program.

F.       Commercial permit. A person that intends to enter a state park to conduct any portion of a business that is not covered by a concession or special use permit shall obtain either a commer- cial retail or commercial rental permit from the Board before entering the state park. A commercial permit authorizes one commercial vehicle carrying no more than four individuals to enter the state park for which the commercial permit is issued.

Historical Note

Former Rule 9; Former Section R12-8-09 repealed, new Section R12-8-09 adopted effective January 28, 1976 (Supp. 76-1). Former Section R12-8-08 renumbered and amended as Section R12-8-109, subsections (A), (B) and (D), effective November 1, 1981, subsection (C) effective January 1, 1982 (Supp. 81-5). Amended by adding sub-

section (E) effective July 12, 1984 (Supp. 84-4).

Amended subsections (B) and (D) and added subsection

(F) effective January 1, 1985 (Supp. 84-6). Amended effective April 22, 1988 (Supp. 88-2). Repealed due to legislative exemption which was amended into the Ari-

zona Administrative Procedure Act. New Section  adopted effective January 1, 1994, under an exemption from the provisions of the Arizona Administrative Proce- dure Act; filed in the Office of the Secretary of State December 28, 1993 (Supp. 93-4). Amended effective Jan- uary 1, 1995, under an exemption from A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 41-1005(A)(21); filed in the Office of the Secretary of State December 23, 1994 (Supp. 95-3). New Section adopted effective January 1, 1996, under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-1005(A)(21); filed in the Office of the Secretary of State December 22, 1995 (Supp. 95-4). Text of Section in effect before January 1, 1996, repealed effective January 11, 1996, pursuant to an exemption from A.R.S. Title 41, Chapter 6, specified in

A.R.S. § 41-1005(A)(21) (Supp. 96-1). Amended effec- tive January 1, 1997, under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-511.05(8); filed in the Office of the Secretary of State December 9, 1996 (Supp. 96-4). Amended effective January 1, 1998,

under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41-511.05(8); filed in the Office of the Secretary of State December 11, 1997 (Supp. 97-4). Amended effective March 2, 1998, under an exemption from A.R.S. Title 41, Chapter 6, specified in A.R.S. § 41- 511.05(8); filed in the Office of the Secretary of State February 13, 1998 (Supp. 98-1). Amended by final

rulemaking at 13 A.A.R. 1115, effective May 5, 2007

(Supp. 07-1).

Note

Editor’s Note: The Arizona State Parks Board amended this Section effective January 1, 1998, under an exemption from the Arizona Administrative Procedure Act. Exemption from this Act means this Section was not submitted to the Office of the Secre- tary of State for publication as a proposed rule in the Arizona Administrative Register; no public comment period or public hearings were required to be held on this rule; and the rule was not reviewed or approved by the Governor’s Regulatory Review Council (Supp. 97-4).

Editor’s Note: The Arizona State Parks Board repealed the old Section text as specified in the following Editor’s Note, effec- tive January 12, 1996, under an exemption from the Arizona Administrative Procedure Act. Exemption from this Act means that this Section was not submitted to the Office of the Secretary of State for publication as a proposed rule in the Arizona Admin- istrative Register; no public comment period or public hearings were required to be held on this rule; and the rule was not reviewed or approved by the Governor’s Regulatory Review Council. (Supp. 96-1).

Editor’s Note: The Arizona State Parks Board adopted a new R12-8-109 under an exemption from the provisions of the Arizona Administrative Procedure Act but did not repeal the old rule. Therefore the text of both the old Section and the new Section appear here, with the old Section appearing first and the new Sec- tion appearing second. The agency will be repealing the old text soon.

Editor’s Note: The following Section was adopted under an exemption from the provisions of the Arizona Administrative Pro- cedure Act. Exemption from this Act means that this Section was not reviewed by the Governor’s Regulatory Review Council; notice of this rule was not submitted to the Office of the Secretary of State for publication in the Arizona Administrative Register; no public comment period or public hearings were required to be held on this rule; and the Attorney General has not certified this rule.