Section R3-1-304. Oral Proceeding; Proposed Rulemaking  


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  • A presiding officer shall perform the following acts on behalf of the Department when conducting an oral proceeding as prescribed under A.R.S. § 41-1023:

    1.        Request that each attendee register by name and represen- tative capacity, if applicable, on a form provided by the Department;

    2.        Require that an attendee intending to speak provide the following information on a form obtained from the Department:

    a.         Name and representative capacity, if applicable;

    b.        Position with regard to the proposed rule; and

    c.         Approximate length of time needed to present com- ment;

    3.        Open the oral proceeding by identifying the rule to be considered, the purpose of the proceeding, and the agenda for the proceeding;

    4.        Allow a statement by a Department representative to explain the background and general content of the pro- posed rule;

    5.        Allow public comment limited to a reasonable amount of time for each speaker, without permitting undue repeti- tion, or extensive reading of written comments or exhibits into the record;

    6.        Allow the Department to present additional information after public comments are received;

    7.        Allow a person to respond to the Department’s supple- mental presentation;

    8.        Accept written comments and exhibits on behalf of the Department; and

    9.        Make closing remarks that include the location where written comments are received by the Department and the date and time the rulemaking record will close.

Historical Note

Adopted effective April 11, 1994 (Supp. 94-2). Amended by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).