Section R4-19-702. Petition for Rulemaking; Review of Agency Prac- tice or Substantive Policy Statement; Objection to Rule Based Upon Economic, Small Business, or Consumer Impact

A person may petition the Board, requesting the making of a final rule, or a review of an existing agency practice or substantive pol- icy statement that the petitioner alleges to constitute a rule under

A.R.S. § 41-1033, or objecting to a rule under A.R.S. § 41-1056.01, by filing a petition which contains the following:

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

2.        For the making of a new rule, the specific language of the proposed rule.

3.        For amendment of a current rule, the Arizona Administra- tive Code (A.A.C.) Section number, the Section heading, and the specific language of the current rule, with any language to be deleted stricken through but legible, and any new language underlined.

4.        For repeal of a current rule, the A.A.C. Section number and Section heading proposed for repeal.

5.        The reasons the rule should be made, specifically stating in reference to an existing rule, why the rule is inade- quate, unreasonable, unduly burdensome, or otherwise not acceptable. The petitioner may provide additional supporting information including:

a.         Any statistical data or other justification, with clear references to attached exhibits;

b.        An identification of any person or segment of the public that would be affected and how they would be affected; and

c.         If the petitioner is a public agency, a summary of rel- evant issues raised in any public hearing, or written comments offered by the public.

6.        For a review of an existing agency practice or substantive policy statement alleged to constitute a rule, the reasons the existing agency practice or substantive policy state- ment constitutes a rule and the proposed action requested of the Board.

7.        For an objection to a rule based upon the economic, small business, or consumer impact, evidence of any of the fol- lowing grounds:

a.         The actual economic, small business, or consumer impact significantly exceeded the impact estimated in the economic, small business, and consumer impact statement submitted during the making of the rule.

b.        The actual economic, small business, or consumer impact was not estimated in the economic, small business, and consumer impact statement submitted during the making of the rule and that actual impact imposes a significant burden on persons subject to the rule.

c.         The Board did not select the alternative that imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance

costs, necessary to achieve the underlying regulatory objective.

8.        The signature of the person submitting the petition.

Historical Note

Adopted effective October 10, 1996 (Supp. 96-4).

Amended by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking

at 19 A.A.R. 1419, effective July 6, 2013 (Supp. 13-2).