Section R18-1-304. Oral Proceedings

A.      Requests for oral proceedings, as prescribed in A.R.S. § 41- 1023, shall:

1.        Be filed with the Director;

2.        Include the name and current address of the person making the request;

3.        Refer to the proposed rule and include the date and issue of the Arizona Administrative Register in which the notice was published, if known.

B.       The oral proceeding shall be recorded either by an electronic recording device or stenographically, and any resulting cassette tapes or transcripts, registers and all written comments received shall become part of the official record.

C.      The procedures the presiding officer shall use to conduct oral proceedings shall include:

1.        Voluntary registration of attendees. Identification shall not be required, however, in order for a person to attend an oral proceeding.

2.        Registration of persons intending to speak. Registration information shall include the registrant’s name, representative capacity, if applicable, and a brief summary of intended oral remarks.

3.        Opening of the record. Opening remarks by the presiding officer shall summarize the rulemaking activities to date and the importance and purpose of public comments, and present the agenda.

4.        A statement by Department representatives. The statement shall explain the contents, purpose and intended operation of the proposed rulemaking, including the economic impact and any adverse impact on small businesses.

5.        A public oral comment period. Public oral comments may be limited to a reasonable time period, as determined by the presiding officer. Comments may be limited to prevent undue repetition.

6.        Further presentations. The Department may present additional information during an oral proceeding, after public comments are received. Any person shall have the opportunity to respond to this presentation during the proceeding.

7.        Closing remarks. The presiding officer shall identify relevant, future rulemaking dates and shall announce the location where the record may be reviewed and the date and time of close of record.

D.      Within 10 working days of close of the record of an oral proceeding, or a longer period if approved by the Director, the presiding officer shall file a written memorandum summarizing the contents of all oral presentations made during the proceeding, and shall transmit any original cassette tapes and written submissions to the Director.

Historical Note

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