Section R20-6-160. Petition for Rulemaking Action

A.      The following definitions apply in this Section.

1.        “Department” means the Arizona Department of Insur- ance.

2.        “Director” means the Director of the Department of Insurance.

3.        “Petitioner” means a person who petitions the Depart- ment for rulemaking action.

4.        “Rulemaking action” means the process for formulation and finalization of a new rule, or amendment or repeal of an existing rule.

B.       Any person may petition the Department under A.R.S. § 41- 1033 for rulemaking action.

C.      A person who seeks rulemaking action shall file, with the Director, a petition with the following information:

1.        The petitioner’s name, address, and telephone number;

2.        The name and address of any organization the petitioner represents;

3.        A statement of the rulemaking action the petitioner seeks, including:

a.         A citation to any existing rule, substantive policy statement, or Department practice to be amended or repealed; and

b.        The specific language of a proposed new rule or rule amendment;

4.        The reasons for the rulemaking action, including an explanation of why an existing rule, substantive policy statement, or Department practice is inadequate, unrea- sonable, unduly burdensome, or unlawful; and

5.        The petitioner’s dated signature.

D.      The petitioner may submit additional supporting information, including:

1.        Statistical data; and

2.        A list of other persons and entities likely to be affected by the proposed rulemaking action, with an explanation of the likely effects.

E.       Within 60 days of the date the Department receives the peti- tion, the Department shall send the petitioner a written deci- sion indicating whether the Department is denying the petition or will initiate the requested rulemaking action, with the rea- sons for the decision.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 618, effective February 4, 1999 (Supp. 99-1). Section heading corrected at Department Request, Office File No.

M11-401, filed October 27, 2011 (Supp. 11-3).