Section R18-1-302. Petition for Rule Adoption, Amendment or Repeal

A.      Any person requesting that the Department adopt, amend, or repeal a rule, pursuant to A.R.S. § 41-1033, shall submit a petition as prescribed in this Section before such request may be considered by the Department.

B.       Each petition shall contain:

1.        The name and current address of the person submitting the petition.

2.        If the request is for adoption of a new rule, a statement of that fact, followed by the specific language of the proposed rule.

3.        If the request is for amendment of a current rule, a statement of that fact, followed by the A.A.C. number and title of the rule being proposed for amendment. This shall be followed by the specific language of the current rule; any language to be deleted shall be struck out but clearly readable, and any language to be added by the proposed amendment shall be underlined.

4.        If the request is for repeal of a current rule, a statement of this fact, followed by the A.A.C. number and title of the rule being proposed for repeal.

5.        The signature of the person submitting the petition.

6.        The reason the rule should be adopted, amended or repealed.

C.      The   petition   may   contain   any   information   to    support subsection (B)(6) of this Section, including:

1.        Any statistical data or other justification, with clear reference to any exhibits which may be attached to the petition;

3.        If the petitioner is a public agency, the petition may also contain a summary of issues raised in any public hearing which may be relevant, or any written comments offered by the public;

4.        The identification of any  statute which the petitioner believes gives the Department the authority to adopt, amend, or repeal the rule.

D.      Within 60 calendar days of the receipt by the Director of a complete petition, the Department shall act in accordance with

A.R.S. § 41-1033 as follows:

1.        If the petition results in the initiation of a rulemaking, the procedures for rulemaking, set forth in Title 41, Chapter 6, Article 3, Arizona Revised Statutes, shall be followed.

2.        If the petition is denied, a written notice stating the basis of denial shall be issued by the Director to the person filing the petition.

3.        The original petition and a copy of any notice of denial shall be placed in the official record and remain there for five years to be considered in the course of the Department’s five-year rule review process.

Historical Note

Adopted effective July 7, 1988 (Supp. 88-3).